It did not take long after the Supreme Court’s decision in New York State Rifle & Pistol Ass'n Inc. v. Bruen, 597 U.S. 1 (2022) for the lower courts to struggle with implementing the Court’s new Second Amendment test in real life cases.

Since the United States Supreme Court issued its landmark decision in New York State Rifle & Pistol Ass'n Inc. v. Bruen, 142 S.Ct. 2111 (2022), federal defendants have been challenging the constitutionality of federal firearm laws under 18 U.S.C. § 922(g) with varying degrees of success. 

Earlier this year we reported on the U.S. Sentencing Commission’s proposed 2024 U.S. Sentencing Guidelines Amendments. On April 17, 2024, the Sentencing Commission voted unanimously to adopt every proposed amendment.

We previously reported on the wake the Supreme Court’s decision in New York State Rifle & Pistol Ass’n Inc. v. Bruen, 142 S.Ct. 2111, 213 L.Ed.2d 382 (2022) has made in challenging the constitutionality of various federal gun laws. Since the Count’s October 2022 decision, district and appellate courts across the country have been split on how application of Bruen’s history and traditions test applies to various subsections of federal gun crimes codified under Section 922 of Title 18.