NEW ORLEANS, LA — In a major development reflecting the ongoing impact of the Supreme Court’s Bruen decision, the Fifth Circuit Court of Appeals has ruled that 18 U.S.C. § 922(g)(1), which criminalizes firearm possession by felons, is unconstitutional as applied to a Mississippi man whose only felony conviction was for “simple possession of methamphetamine.”
Charles Hembree was indicted in 2022 under § 922(g)(1) after authorities discovered he possessed a firearm. His lone prior felony was a 2018 Mississippi state conviction for meth possession. Hembree moved to dismiss the indictment, arguing the law violated his Second Amendment rights under the framework set forth in New York State Rifle & Pistol Association v. Bruen. The district court denied that motion.