Background
Antonio Daleon White appealed his guilty plea conviction for possessing a firearm after a felony conviction in violation of 18 U.S.C. Section 922(g)(1). White argued that the statute requires more than a firearm’s past movement in commerce to establish the requisite interstate nexus and that Congress exceeded its authority under the Commerce Clause. He also contended that the statute violates the Second Amendment.
The court’s reasoning
The court held that the interstate commerce element of Section 922(g)(1) is satisfied where the firearm had previously traveled in interstate commerce, citing United States v. Rawls. The court further determined that White’s Commerce Clause challenge is foreclosed by United States v. Alcantar and his Second Amendment challenge is foreclosed by United States v. Diaz and United States v. Schnur. Consequently, summary affirmance was deemed appropriate.
What it means going forward
The decision reinforces the Fifth Circuit’s existing precedent that prior movement in interstate commerce satisfies the jurisdictional element of federal firearm possession statutes and forecloses constitutional challenges to Section 922(g)(1) under the Commerce Clause and Second Amendment.
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