United States v. Schnur, 132 F.4th 863

Jeremy Jason Schnur, with several prior felony convictions (robbery, burglary, aggravated battery), was indicted for possessing a firearm as a felon in violation of 18 U.S.C. § 922(g)(1).
Schnur was apprehended in Mississippi and found with a loaded firearm after alerting law enforcement to its presence.
He moved to dismiss the indictment, arguing § 922(g)(1) was unconstitutional as applied to him under the Second Amendment, citing the Supreme Court’s Bruen framework.
The district court denied the motion to dismiss; Schnur was found guilty following a stipulated bench trial and sentenced to 78 months’ imprisonment.
Schnur timely appealed, maintaining his as-applied constitutional challenge to the statute under recent Supreme Court and circuit precedent.

Issue	Schnur's Argument	U.S. Argument	Held
Constitutionality of § 922(g)(1) as-applied	Statute violates his Second Amendment rights, even with prior felonies, under Bruen.	Statute is constitutional; history and precedent allow firearm bans for felons, especially those with violent crimes.	§ 922(g)(1) is constitutional as applied to Schnur.

District of Columbia v. Heller, 554 U.S. 570 (recognizing Second Amendment right but noting it is not unlimited)
New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (establishing two-step test for evaluating firearms restrictions under the Second Amendment)
United States v. Rahimi, 602 U.S. 680 (approving firearm bans for those posing threats of violence)
United States v. Diaz, 116 F.4th 458 (5th Cir. 2024) (recognizing historical basis for banning firearm possession by those convicted of theft or violent crimes)
United States v. Bullock, 123 F.4th 183 (5th Cir. 2024) (holding firearm ban for individuals with violent felony convictions is consistent with tradition)