Background
Joshua Ryan Burns appealed his conviction for possession of a firearm by a convicted felon in violation of 18 U.S.C. Section nine hundred twenty-two G one. He argued that the statute violates the Second Amendment under the test set forth in New York State Rifle and Pistol Association versus Bruen, both facially and as applied to him. He also argued that the statute is unconstitutional under the Commerce Clause. However, Burns conceded that his claims are foreclosed, and the Government filed an unopposed motion for summary affirmance.
The court’s reasoning
The court held that all of Burns’s claims are foreclosed by existing Fifth Circuit precedent. The court cited United States versus Diaz for rejecting facial challenges, United States versus Schnur for rejecting as-applied challenges, and United States versus Alcantar for rejecting Commerce Clause arguments. The court concluded that summary affirmance is warranted under Fifth Circuit Rule forty-seven point five and established case law.
What it means going forward
The decision reinforces the binding nature of Fifth Circuit precedent regarding Second Amendment and Commerce Clause challenges to 18 U.S.C. Section nine hundred twenty-two G one, ensuring that similar challenges by convicted felons will be dismissed without full briefing.
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