A Dangerous Challenge to the Constitutionality of the Felon-in-Possession Statute: United States v. Bullock

Authors

Matthew MatherneFollow

Publication Date

Winter 12-1-2025

Abstract

In United States v. Bullock, Judge Carlton Reeves held that the federal felon-in-possession statute was unconstitutional as applied to Mr. Bullock. Although Mr. Bullock had been previously convicted of multiple violent felonies involving a firearm, including one that resulted in the death of an individual, Judge Reeves dismissed the charges because the government failed to establish a historical tradition of prohibiting felons from possessing firearms. Judge Reeves’ determination that § 922(g)(1) is unconstitutional as applied to Mr. Bullock is a decision that is not only “dangerous” to society, but it contradicts the historical tradition of firearm regulation in America. The landmark United States Supreme Court case of New York State Rifle & Pistol Association v. Bruen outlined the framework that governs challenges to firearms regulations. The Bruen test dictates that “when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. To justify its regulation . . . the government must demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation.”

This Note, through an application of the test set forth in Bruen, explains why there is ample historical support for prohibiting dangerous individuals such as Mr. Bullock from possessing firearms. Furthermore, by analyzing the text of the Second Amendment, the methodology outlined in Bruen, and historically analogous regulations, this Note substantiates the applicability of § 922(g)(1) to individuals with violent felony convictions. Considering Mr. Bullock’s multiple gun-related violent felonies, his challenge, and others like it, should not defeat the constitutionality of § 922(g)(1).

Recommended Citation

Matherne, Matthew (2025) "A Dangerous Challenge to the Constitutionality of the Felon-in-Possession Statute: United States v. Bullock," Mississippi College Law Review: Vol. 43: Iss. 1, Article 8.
Available at: https://dc.law.mc.edu/lawreview/vol43/iss1/8