Case Explained: United States of America v. Keshon Daveon Baxter

Court: United States Court of Appeals for the Eighth Circuit

Filed: 2026-07-13

The Eighth Circuit affirmed the district court’s denial of Keshon Baxter’s motion to dismiss his indictment for possessing a firearm as an unlawful drug user under 18 U.S.C. § 922(g)(3). The court applied the two-part test established in *New York State Rifle & Pistol Association v. Bruen*, first concluding that the Second Amendment’s plain text covers Baxter’s conduct because drug users are part of “the people” protected by the Amendment. Consequently, the burden shifted to the government to demonstrate that the statute is consistent with the nation’s historical tradition of firearm regulation. The court held that the government must prove this consistency by a preponderance of the evidence rather than beyond a reasonable doubt, as the historical analysis is not an element of the crime. Applying the “Terror of the People” historical analogue, which permits the disarmament of individuals who pose a credible threat to physical safety or terrorize others, the court found that the government met its burden. The record supported the district court’s finding that Baxter’s marijuana use rendered him dangerous, evidenced by his chronic use, aggressive behavior during gang altercations while armed, and flight from law enforcement. The court determined this conduct was sufficiently analogous to Founding-era laws prohibiting individuals from going armed in a manner that terrorized the public. As the government successfully demonstrated that Baxter’s indictment aligns with historical tradition under this analogue, his Second Amendment challenge fails. The practical consequence is that the district court’s judgment denying the motion to dismiss stands, allowing Baxter’s conviction and 64-month prison sentence to remain in effect.

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