Gun Ban Upheld on Appeal Amid Judges’ Constitutional Questions

A felon’s conviction for possessing a firearm was upheld despite two Fifth Circuit judges expressing doubts about whether the law is constitutional and whether the court has strayed from its first principles.

Judge Don R. Willett, joined in a concurrence by Judge Stuart Kyle Duncan, questioned whether the federal statute barring felons from possessing firearms satisfies constitutional requirements by resting on Congress’ “few and defined” powers while secures individual rights against government intrusion.

“Even so, while I harbor doubts that § 922(g)(1) is constitutional, I have no doubt about what our precedent requires,” Willett said. “For that reason, I ...