Background
Pouk Kang Kang was charged with possession of a firearm as a felon under federal law. He moved to dismiss the indictment claiming the statute violated his Second Amendment rights. The district court denied the motion based on existing circuit precedent. Kang entered a conditional guilty plea to preserve the issue for appeal.
The court’s reasoning
The appellate court held that requiring an assessment of each prior felony conviction for constitutionality is unnecessary. The court reaffirmed that the permanent prohibition on firearm possession for individuals with prior felony convictions is constitutional.
there is no need for felony-by-felony litigation regarding the constitutionality of § 922(g)(1).
United States v. Jackson, 110 F.4th 1120, 1125 (8th Cir. 2024)
What it means going forward
Felons remain prohibited from possessing firearms without individualized constitutional challenges to specific prior convictions.