Whether courts should analyze as-applied Second Amendment challenges to 18 U.S.C. §922(g)(1) by examining whether historical tradition supports permanently disarming someone for the predicate offense(s) underlying the defendant's conviction

In November of 2023, Arlington Police responded to a call at a barber shop in Arlington, Texas. At the barber shop, they found Jacob Joshad Robinson with a gunshot wound to his leg and a pistol on the bathroom floor. Robinson previously had the pistol in his waistband. Robinson was on probation at the time for possession of marijuana of 5 pounds or less, a state offense for which he was placed on five years of deferred adjudication probation. Robinson was charged with 18 U.S.C. §922(g)(1)’s prohibition on possession of firearm by a felon. When Mr. Robinson attempted to challenge 922(g) as applied to his prior felony convictions, the Fifth Circuit declined to analyze whether those o ffenses could justify a permanent deprivation of Second Amendment rights. Instead, it held that Robinson could be disarmed constituent with historical tradition because he was on probation – which is not the basis for his §922(g)(1) conviction, or the 37-month sentence he has been ordered to serve. The question presented is: Whether courts should analyze as-applied Second Amendment challenges to 18 U.S.C. §922(g)(1) by examining whether historical tradition supports permanently disarming someone for the predicate offense(s) underlying the defendant’s conviction. ii DIRECTLY