United States v. Raybon
3:23-cr-00109
M.D. La.Aug 14, 2025Background
- Defendant Jake Raybon was indicted for possession of a firearm by a convicted felon under 18 U.S.C. § 922(g)(1).
- Raybon has multiple felony convictions, including for burglary, theft, drug offenses, and prior felon-in-possession offenses from Louisiana courts.
- He filed a motion to dismiss, arguing § 922(g)(1) is unconstitutional both facially and as applied to him under the Second Amendment, citing recent Supreme Court decisions (Bruen and Rahimi).
- The Fifth Circuit has upheld the constitutionality of § 922(g)(1) facially and with respect to certain predicate offenses.
- The government opposed, arguing existing precedent forecloses Raybon’s arguments; the court adopted the government’s position and denied the motion.
Issues
| Issue | Raybon's Argument | Government's Argument | Held |
|---|---|---|---|
| Constitutionality of § 922(g)(1), facial | Statute violates Second Amendment facially after Bruen/Rahimi | Fifth Circuit precedent (Diaz) upholds constitutionality | Facial challenge foreclosed by Diaz |
| Constitutionality, as applied | Statute unconstitutional as applied based on his convictions | Precedent supports tradition of prohibiting felons/disarming dangerous | As-applied challenge rejected; tradition supports law |
| Effect of restoration of civil rights | Restoration of some rights on theft conviction precludes predicate | Other convictions suffice; LA law on concealed carry triggers “unless” | Restoration argument rejected; other predicates suffice |
| Predicate offenses’ suitability | Some prior felonies (e.g. simple burglary) should not qualify | Burglary, drug, gun convictions historically support permanent punishment | Predicates proper; tradition supports application |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (US 2008) (Second Amendment protects individual right to possess firearms, but restrictions on felons are presumptively lawful)
- New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (US 2022) (establishes history and tradition test for Second Amendment claims)
- United States v. Rahimi, 602 U.S. 680 (US 2024) (clarifies tradition analysis applies; upholds barring dangerous persons)
- United States v. Diaz, 116 F.4th 458 (5th Cir. 2024) (upholds constitutionality of § 922(g)(1) as applied to certain felonies)
- United States v. Bullock, 123 F.4th 183 (5th Cir. 2024) (upholds § 922(g)(1) for violent offenses)
- United States v. Quiroz, 125 F.4th 713 (5th Cir. 2025) (discusses historical tradition of prohibiting firearm possession during felony indictment)
- Smith v. United States, 508 U.S. 223 (US 1993) (discusses dangerousness of drug and firearm combination)