Denver Gun Rights Lawyers

Denver gun rights lawyers know that the Second Amendment is not a “second class right” under the U.S. Constitution.

At Evergreen Attorneys, we are proud to represent individuals across the country who are charged with breaking the law in connection with the possession, use, or carrying of a firearm.

If you are facing a federal or state criminal investigation related to guns, you deserve the absolute best team at your side from day one. You deserve, not need, a federal criminal defense team with a strategic vision to help guide you to hope and a plan for your defense.

Call the Evergreen Attorneys: the premier federal lawyers handling Denver gun crime cases today at (303) 948-1489 or email us at [email protected].

What Makes Evergreen Attorneys Different?

There are dozens if not hundreds of lawyers you can find on the internet who claim to be experienced federal criminal defense lawyers. Almost all of these Denver gun rights lawyers claim to be “experts” or “fighters” who will give you “aggressive representation” or something similar.

Here are some of the things that we think makes Evergreen Attorneys different from the pack:

• We only focus on federal cases and high-stakes felonies. No family law clients, no medical malpractice, no transactional lawyers, no traffic tickets.
• We only employ experienced partner-level attorneys. No fresh-faced associates right out of law school.
• We are a boutique federal white collar law firm. Every decision is tailored towards providing client-first exceptional criminal defense.
• Evergreen Attorneys handles criminal cases nationwide. We are not interested in being golfing buddies with the prosecutor.

Experienced Denver Gun Rights Lawyers

To put it bluntly, prosecutors, the ATF, the federal government in Washington, D.C., and the State do not like the Second Amendment. Sadly, they do not take the words “shall not be infringed” seriously.

The result? More and more law-abiding U.S. citizens are facing criminal charges related to their lawful exercise of their constitutional rights.

That is why you need a federal lawyer who understands the ins and outs of federal and state firearm charges. The experienced Denver gun rights lawyers at Evergreen Attorneys know that these cases are different. And that everything is on the line when The State tries to infringe on your Second Amendment rights.

This article is not the first time that Evergreen Attorneys has taken the time to educate the public on their Second Amendment rights. Read some of our previous posts here:

• https://evergreenattorneys.com/uncategorized/can-i-have-a-gun-colorado/
• https://evergreenattorneys.com/firearms/supreme-court-will-decide-if-habitual-drug-users-lose-their-gun-rights-under-2nd-amendment/
• https://evergreenattorneys.com/firearms/can-i-own-a-gun-if-i-use-marijuana/
• https://evergreenattorneys.com/white-collar-crime/denver-gun-crime-lawyers/
• https://evergreenattorneys.com/firearms/us-supreme-court-drug-users-guns/

U.S. Supreme Court Gun Rights Lawyers

Evergreen Attorneys are honored to represent Mr. Ali Danial Hemani at the United States Supreme Court. Mr. Hemani is charged with violating 18 U.S.C. 922(g)(3) by being an “unlawful user” of a “controlled substance” contrary to federal law.

What does that mean in practice? It means that Mr. Hemani is charged with a federal felony, punishable by up to 15 years in prison, for smoking marijuana and owning a gun that he kept in a locked safe in his home.

He is not charged with being high while carrying or using his gun. You can read more about this incredibly important case that we are proud to be a part of at the following places:

• https://reason.com/volokh/2025/12/15/second-amendment-roundup-supreme-court-to-decide-status-of-unlawful-drug-users/
• https://thereload.com/analysis-marijuana-guns-and-the-implications-of-the-supreme-courts-hemani-case/
• https://www.scotusblog.com/2025/12/an-off-ramp-for-the-courts-next-big-gun-case/
• https://constitutioncenter.org/blog/supreme-court-to-consider-legality-of-gun-bans-for-marijuana-users

Our representation of Mr. Hemani is part of our broader commitment to forcing the federal government to protect the Second Amendment rights of U.S. citizens.

We have challenged the law being used against Mr. Hemani as being unconstitutional. We also believe that many other categorical disarmament laws (non-violent felony, etc.) are not consistent with our nation’s historical tradition as required by the Bruen test.

Non-Violent Felonies and Gun Rights

One recent question that keeps coming up is whether or not people who were previously convicted of non-violent felonies can ever own a gun.

The federal government thinks the answer is always “no” and probably “heck no” if you talked to them in private. For support, they point to 18 U.S.C. 922(g)(1):

“It shall be unlawful for any person…who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year..to to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce“

This is known as the “felon in possession” ban in federal court. Violating 922(g)(1) even one time is punishable by up to 15 years in federal prison.

In practice, this means that if you were convicted for passing a bad check 25 years ago and that check was for a felony amount of money (as little as $200 in some states) you are forever prohibited from possessing a firearm again. 

Or does it? A recent U.S. Court of Appeals case from the Fifth Circuit came to a different conclusion.

U.S. v. Hembree: Felon Can Own Gun

The case we are talking about today is United States v. Charles Hembree, No. 24-60435 (5th Cir. Jan. 27, 2026).  Mr. Hembree was charged with having a prior felony conviction and possessing a firearm in violation of 18 U.S.C. section 922(g)(1). Remember from above, this is the so-called felon-in-possession ban.

Mr. Hembree had one single prior conviction for a crime punishable by more than one year in prison.In 2018, Mr. Hembree was convicted of simply possessing methamphetamine in state court. He was not convicted of possessing the drug with the intent to sell (i.e., drug trafficking). Simple drug possession.

Mr. Hembree moved to dismiss the federal indictment and argued that as-applied to him, the law violated the Second Amendment in light of the U.S. Supreme Court’s Bruen decision. The district court disagreed and denied his motion. Hembree then appealed to the U.S. Court of Appeals for the Fifth Circuit.

Hembree argued that the Government could not prove that permanently disarming Hembree based on his prior conviction for possessing drugs fits within the Nation’s historical tradition of regulating firearms.

Circuit Split

To date, the Second Circuit, the Fourth Circuit, the Eighth Circuit, the Ninth Circuit, the Tenth Circuit and the Eleventh Circuit have taken the position that 922(g)(1) is constitutional as applied to all felons. This means that in those circuits there is no viable argument under circuit precedent to attack the felon-in-possession ban head on.

However, the Third Circuit, Sixth Circuit, and Fifth Circuit have allowed as-applied challenges to proceed on a case-by-case basis. It is not clear as of today if the D.C. Circuit or First Circuit have weighed in on this very important issue.

Hembree: Simple Drug Possession Not Disqualifying

After conducting an exhaustive analysis, the Fifth Circuit ultimately agreed with Mr. Hembree. The Fifth Circuit held that a prior conviction for simple drug possession alone was not enough to permanently disarm Mr. Hembree and be consistent with the Second Amendment.

Hembree is an important decision in the Fifth Circuit. Many federal prosecutions for 922(g)(1) are based on the defendant having prior drug felonies. Experienced Denver gun rights lawyers will need to carefully review this case to see how it impacts their clients moving forward.

Denver Gun Rights Lawyer Prior Writings

At Evergreen Attorneys, we have recognized for many years that the state of Colorado and the federal government try to criminally punish people in ways prohibited by the Second Amendment. Being Denver gun rights lawyers is not something new to us.

In fact, when the U.S. Supreme Court handed down its seminal Second Amendment decision in Bruen, our founding partner, Zachary Newland, was quick to realize the impact of this decision in federal and Colorado gun rights cases.

That is why the National Criminal Defense Lawyers Association invited Zachary Newland to write an article on the subject for members. That article “What’s Brewin with Bruen,” was published in 2023 and is available here: https://www.nacdl.org/Article/JanFeb2023-WhatsBrewinWithBruenANewLandscapeforDef

“Contrary to what some commentators have said, Bruen still requires a two-step analysis when determining if a firearm regulation or criminal law violates the Constitution.

Step One: First, courts must ask a strictly textual question: does the Second Amendment’s plain text cover the defendant’s conduct? [23]

If the answer is yes, one can move to step two. If the answer is no, then the conduct is not protected by the Second Amendment and the regulation is lawful.

Step Two: Second, the government must justify its regulation as consistent with the history and traditions of firearm regulation in the country based on evidence at or near the time the Second Amendment was ratified in 1791. [24]”

(available in full at https://www.newlandlegal.com/blog/bruen-gun-right-law).

You need a Denver gun crime lawyer that understands the constitutional limits of government power in the Second Amendment context.

Consult With the Top Denver Gun Rights Lawyers Today 

If you’re facing federal or state firearm charges don’t wait to reach out.

Evergreen Attorneys are Denver gun rights lawyers fighting to protect the Second Amendment all across the country. Including at the U.S. Supreme Court.

Contact Evergreen Attorneys today for a confidential consultation. We’re here to help you understand your options and build a strong defense. You may also call us at 303-948-1489 or email us at [email protected] to get in touch with an experienced federal gun rights lawyer at Evergreen Attorneys today.