The U.S. First Circuit Court of Appeals has determined that felons do not have Second Amendment rights in a decision that contradicts recent rulings by the U.S. Supreme Court and the Ninth Circuit Court of Appeals.
The Epoch Times reported that the ruling involves Carl Langston, who was convicted of illegal firearm possession and argued that his Second Amendment rights were violated.
Carl Langston was arrested in February 2021 at a bar in Maine after exhibiting aggressive behavior. During his arrest, officers found a pistol and a loaded magazine in his possession. Following this incident, Langston was indicted by a grand jury in October 2021 for violating the federal “felon-in-possession” statute.
Langston had prior felony convictions for theft and drug trafficking, which played a significant role in his indictment. Ultimately, he was sentenced to 57 months in prison by the U.S. District Court for the District of Maine.
Langston appealed his conviction, citing a 2022 Supreme Court ruling known as the Bruen opinion, which protected the rights of Americans to carry handguns for self-defense.
Nevertheless, on August 2, the First Circuit Court of Appeals upheld Langston’s conviction and sentencing, rejecting his Second Amendment challenge.
“We therefore reject his Second Amendment challenge,” stated the First Circuit court in response to Langston's appeal. The court concluded that Langston failed to demonstrate that the “felon-in-possession” statute infringed upon his Second Amendment rights.
This ruling from the First Circuit diverges from previous decisions by other courts. In May, the Ninth Circuit ruled that non-violent felons could own guns under the Second Amendment.
Circuit Judge Milan Smith, in his dissenting opinion, indicated that the Supreme Court needs to provide clearer guidance on whether felons are protected by the Second Amendment.
“One day—likely sooner, rather than later—the Supreme Court will address the constitutionality of [the federal felon firearm ban] or otherwise provide clearer guidance on whether felons are protected by the Second Amendment,” wrote Judge Smith.
The First Circuit’s decision also contrasts with Hawaii’s Supreme Court ruling earlier this year, which upheld stricter gun regulation measures and opposed the stance taken in the Bruen decision. Hawaii’s court emphasized its historical tradition of firearm regulation and asserted that this tradition counters an individual’s right to bear arms under the state’s constitution.
“Hawaii’s historical tradition of firearm regulation rules out an individual right to keep and bear arms under the Hawaii Constitution. ... The spirit of Aloha clashes with a federally-mandated lifestyle that lets citizens walk around with deadly weapons during day-to-day activities,” the court mentioned.
Adding to the complexity of firearm regulations, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) issued a final rule in April to criminalize private gun sales. This new rule, however, faced immediate opposition.
The rule was challenged by a coalition of states and organizations led by Texas Attorney General Ken Paxton, warning that it would impose presumptions of criminal guilt on law-abiding gun owners engaging in private sales. Consequently, the U.S. District Court for the Northern District of Texas issued a temporary restraining order against the ATF rule in May.
Gun Owners of America (GOA) achieved a preliminary injunction preventing the ATF rule from being implemented in Texas, Mississippi, Utah, and Louisiana, and for GOA members across the country. This legal battle highlights the ongoing tension in the U.S. regarding firearms regulations and Second Amendment rights.
In summary, the U.S. First Circuit Court of Appeals has ruled that the Second Amendment does not extend to felons, upholding Carl Langston’s conviction for illegal firearm possession.
This decision contrasts with the 2022 Supreme Court ruling and recent Ninth Circuit decision regarding felons’ rights to bear arms.
The legal landscape continues to evolve with varied rulings and legal challenges across different jurisdictions. The debate on gun rights and regulations is far from settled, requiring further clarification, especially concerning the rights of felons under the Second Amendment.
