United States v. Kimble
142 F.4th 308
| 5th Cir. | 2025Background
- Sidney Donnell Kimble, having served time for two drug-trafficking felonies, was arrested and convicted under 18 U.S.C. § 922(g)(1) for possessing a firearm as a felon.
- Kimble challenged his conviction, arguing that a lifelong firearms ban for felons violates the Second Amendment, especially after the Supreme Court’s decision in New York State Rifle & Pistol Ass’n v. Bruen.
- The District Court denied Kimble’s motion to dismiss the indictment, finding circuit precedent still binding; Kimble then pleaded guilty but preserved his constitutional challenge for appeal.
- On appeal, the Fifth Circuit assessed whether the Second Amendment allows for categorically disarming felons, specifically drug traffickers, after they have served their sentences.
- The panel ultimately affirmed Kimble’s conviction, holding § 922(g)(1) constitutional as applied to drug-trafficking felons due to the intrinsic danger of the drug trade, without requiring an individualized assessment of dangerousness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 922(g)(1) violates the Second Amendment as applied to Kimble | Ban violates Second Amendment | Disarming drug traffickers justified | Statute constitutional for drug-trafficking felons |
| Is there a historical tradition supporting lifelong disarmament here? | No clear analogue exists | English/American history allows it | Tradition supports disarmament of dangerous felons |
| Can Congress categorically disarm drug traffickers as a class? | Requires individual review | Class-wide disarmament allowed | Class-wide ban on drug traffickers is constitutional |
| Is an individualized assessment of dangerousness required? | Yes, not all are dangerous | Not required for drug trafficking | Court does not require individualized assessment |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (Second Amendment establishes individual right to possess firearms, but right is not unlimited)
- New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (Second Amendment claims must be tested against national historic traditions)
- United States v. Diaz, 116 F.4th 458 (as-applied challenge to § 922(g)(1) fails for theft-related felony)
- United States v. Schnur, 132 F.4th 863 (§ 922(g)(1) valid as applied to those with violent felony convictions)
- United States v. Rahimi, 602 U.S. 680 (court upholds government bans if consistent with history and tradition, especially for those deemed dangerous)
- Smith v. United States, 508 U.S. 223 (court recognizes danger of drug/gun combinations in criminal contexts)
- United States v. Yanez Sosa, 513 F.3d 194 (acknowledges guns are regularly used to protect drug enterprises)