Since the Supreme Court’s landmark decision in New York State Rifle v. Bruen, where the Court held that firearm regulations must be consistent with firearm regulations as they existed at the time of the Constitution’s ratification, district courts across the country have applied the new framework in Bruen to strike down several criminal firearm statutes as unconstitutional. Most recently, courts have struck down federal statutes prohibiting possession of firearms with obliterated or altered serial numbers, possession of a firearm by a person under indictment, and possession of a firearm by a person subject to a domestic restraining order.
Regarding 18 USC 922(n), which criminalizes possessing a firearm while under indictment, there have been at least two orders finding that statute unconstitutional, one from a district court in the Western District of Texas and another from the Western District of Oklahoma.
Another order from the Western District of Texas struck down 922(g)(8), which criminalizes possessing a firearm while under a domestic restraining order. On the other side of the country, in the Southern District of West Virginia, the district court held that 922(k), which criminalizes possessing a firearm with no serial number, was also unconstitutional, though the court held that 922(g)(1), which criminalizes possession of a firearm by a felon, is constitutional.
These orders all share one thing in common–the district court in each case held that the government had the burden of coming forward with evidence showing that the regulation in question, whether prohibiting altered serial numbers or barring certain people from possessing a firearm, was either in existence at the time the 2nd amendment was ratified or that there are historical regulations that are analogous to the challenged regulation. By grounding the inquiry in historical terms, the government in each case failed to provide examples of regulations in the 18th century that resembled those challenged today.
Click here to read the trial court’s order.