US v. Jackson: In 2020, Jackson was charged in Arizona with (essentially) unlawful possession of a short-barreled rifle. After an initial charge he “lawfully acquired” a handgun, after which he was indicted on the state firearm charge. While that charge was pending Jackson was arrested in Maryland for carrying the handgun without a permit. He was then charged in federal court with possession of a firearm while “under indictment” for a felony. Jackson unsuccessfully moved to dismiss the charge, arguing that it violated the Second Amendment, and was sentenced to time served.
On appeal, the Fourth Circuit affirmed Jackson’s conviction. Applying Bruen, the court rejected the Government’s argument that Jackson could not pass step one of that analysis, concluding that while “historical limitations on firearms rights matter . . . they just matter at Bruen step two.” So, although Jackson’s possession of the handgun fell generally under the scope of the Second Amendment, that history still required a conclusion that the regulation was valid. In reaching that conclusion, the court relied on the history of surety laws (as the Supreme Court relied upon in Rahimi) and “circuit precedent . . . that legislatures can rely on categorical judgments (and past conduct) to disarm those who might be expected to misuse guns.”
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