113 F.4th 637
6th Cir.2024Background
- Erick Williams was charged under 18 U.S.C. § 922(g)(1) for being a felon in possession of a firearm after police found a loaded pistol in his car following a traffic stop and search in Memphis, Tennessee.
- Williams had prior felony convictions, including aggravated robbery and attempted murder.
- He moved to dismiss the indictment, arguing that § 922(g)(1) violates the Second Amendment, both facially and as-applied to him, given recent Supreme Court Second Amendment rulings (Heller, Bruen, Rahimi).
- The district court denied Williams’s motion, after which he pled guilty but preserved his right to appeal the constitutional issue.
- On appeal, the Sixth Circuit revisited its precedent in light of changes in Second Amendment jurisprudence, conducting a historical analysis to assess the validity of felon disarmament statutes.
- The court ultimately affirmed the constitutionality of § 922(g)(1), finding Williams’s criminal history showed he was dangerous and thus could be lawfully disarmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 922(g)(1) violates the Second Amendment | Facial and as-applied ban on felons violates Second Amendment | Law is consistent with historical tradition of regulation | Law is constitutional on its face and as-applied |
| Whether the Second Amendment only protects law-abiding | Amendment applies to all “the people,” including felons | Only law-abiding, responsible citizens are protected | The text covers all people, but exceptions for dangerous |
| citizens | individuals are consistent with history | ||
| Historical justification for disarming felons | No founding-era tradition disarming all felons | Regulatory tradition supports disarming dangerous persons | History supports disarming those deemed dangerous |
| Burden in as-applied challenge | Government must prove dangerousness of the individual | Individual must prove they are not dangerous | Burden is on the individual to show they are not dangerous |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (2008) (individual Second Amendment right; restrictions on felons presumed lawful)
- McDonald v. City of Chicago, 561 U.S. 742 (2010) (applies Second Amendment to states, preserves felon firearm bans)
- New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022) (historical tradition framework for 2A challenges)
- United States v. Rahimi, 144 S. Ct. 1889 (2024) (firearm disarmament permissible for those credibly dangerous to others)