147 F.4th 522
5th Cir.2025Background
- John Wayne Morgan, Jr. was convicted in Louisiana of illegal use of a weapon (drive-by shooting) and received a two-year sentence.
- After release on parole, Morgan was found in a vehicle with four loaded firearms and charged under 18 U.S.C. § 922(g)(1) (felon in possession) and 26 U.S.C. § 5861(d) (unregistered firearms).
- Morgan moved to dismiss the indictment, claiming both statutes were unconstitutional facially and as applied, but was denied by the district court.
- He pled guilty to the § 922(g)(1) charge (felon in possession), reserving the right to appeal the denied motion to dismiss the indictment.
- On appeal, Morgan focused on whether § 922(g)(1), as applied to him, violated his Second Amendment rights under the post-Bruen standard.
Issues
| Issue | Morgan's Argument | Government's Argument | Held |
|---|---|---|---|
| Constitutionality of 18 U.S.C. § 922(g)(1) facially | Law is unconstitutional in all circumstances under the Second Amendment | Precedent forecloses this argument; law is constitutionally valid | Facial challenge foreclosed by precedent |
| Constitutionality of 18 U.S.C. § 922(g)(1) as applied | His predicate felony (illegal use of weapons) is not sufficiently serious; no founding-era analogue for disarming for such conduct | Historical tradition supports banning violent or dangerous people from gun possession; "going armed" laws are a valid analogue | As-applied challenge denied; law is constitutional as applied to Morgan |
| Whether Morgan preserved his as-applied challenge | He raised the as-applied argument explicitly in district court filings | Argument not properly preserved because not substantively developed | He did enough to preserve the as-applied challenge; reviewed de novo |
| Need for remand to apply recent precedent (Rahimi, Diaz) | District court did not have benefit of new Supreme Court/5th Circuit precedent | District court's reasoning sufficed; government preserved the relevant argument | No remand needed; record sufficient for appellate review |
Key Cases Cited
- United States v. Diaz, 116 F.4th 458 (5th Cir. 2024) (Second Amendment protects felons; as-applied challenges valid if history supports restriction)
- New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022) (sets test for analyzing Second Amendment challenges—text and history)
- United States v. Rahimi, 602 U.S. 680 (2024) (upholds disarmament of individuals threatening violence consistent with tradition)
- United States v. Clark, 582 F.3d 607 (5th Cir. 2009) (standard of review for constitutional challenges)
- United States v. Bullock, 123 F.4th 183 (5th Cir. 2024) (tradition allows disarming dangerous individuals)