USA v. Jones, No. 23-10198 (5th Cir. 2023)
Annotate this Case
Derrick Durrell Jones, a convicted felon, pleaded guilty to possession of a firearm and appealed his conviction to the United States Court of Appeals for the Fifth Circuit. Jones argued that the law under which he was convicted, 18 U.S.C. § 922(g)(1), was unconstitutional because it violated the Commerce Clause and the Second Amendment. Addressing the Commerce Clause argument, the court stated that their circuit precedent has consistently upheld the constitutionality of § 922(g)(1), and that Jones had not presented any Supreme Court decisions that had expressly overruled this.
In response to the Second Amendment argument, the court noted that Jones' challenge came in light of a new test for assessing the constitutionality of a statute under the Second Amendment as set forth by the Supreme Court in New York State Rifle & Pistol Ass’n, Inc. v. Bruen. However, the court pointed out that it had previously held that § 922(g)(1) did not violate the Second Amendment, and a concurring opinion in Bruen had stated that the decision should not cast doubt on prohibitions on the possession of firearms by felons. The court also observed that there was no binding precedent holding that § 922(g)(1) was unconstitutional, and that two other federal circuits have reached conflicting conclusions on the issue.
Given these considerations, the court concluded that Jones had failed to demonstrate that the district court’s application of § 922(g)(1) constituted clear or obvious error, and thus affirmed the decision of the lower court.
This opinion or order relates to an opinion or order originally issued on November 21, 2023.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.