For decades, 18 U.S.C. § 924(c) (for using or carrying a gun during a crime) and § 922(g)(1) (felon-in-possession) have
carried some of the harshest punishments in federal law. But a wave of reform—through Congress, courts, and the Supreme Court. The court may finally change how these laws impact nonviolent offenders. If you’re facing gun charges or want your rights back, this matters.
§ 924(c) adds mandatory consecutive sentences for using a gun in drug or violent crimes. Before 2018, even two gun charges
in one case could add 50 years behind bars. The First Step Act fixed this by saying the harsh 25-year minimum only counts if the first gun conviction was already final before sentencing. Still, the statute’s definition of “crime of violence” remains vulnerable to constitutional challenge, and courts are increasingly questioning whether hard-time enhancements belong in every case.
On the other hand, § 922(g)(1) bans all felons from possessing firearms for life. In 2022, the Supreme Court’s Bruen decision reset how courts assess gun restrictions. They must now compare laws to the tradition of the Founding Era. When United States v. Rahimi (2024) upheld exclusions for domestic abusers, the Court used a broader analogy-based standard, not a strict historical “twin.” But its opinion suggested lifetime bans for nonviolent felons may not fit that tradition.
Courts Push Back: Food-Stamp Fraud and Gambling Cases
The most prominent pushback has come in the Third Circuit’s Range v. Attorney General, concerning Bryan Range, convicted
of food-stamp fraud. That crime was nonviolent and was sentenced decades earlier. The Third Circuit, sitting en banc, ruled
it’s unconstitutional to categorically bar him from owning a gun because courts couldn’t find a historical practice of lifelong disarmament for people like him. The court explained:
“The Government has not shown that our Republic has a longstanding history and tradition of depriving people like Range of their firearms.”
And that’s not an isolated case. In Pitsilides v. Barr, the Third Circuit recognized that even low-level offenses— gambling charges in this case—may warrant Second Amendment review under the post-Bruen framework. This means courts are applying individualized reviews, not enforcing blanket bans, especially for nonviolent offenders who have stayed on the right path.
The Supreme Court’s Cue: Signs Point to Change
The Supreme Court has dropped hints suggesting it may tackle this issue soon. In Rahimi, justices endorsing the majority
opinion emphasized that laws must align with historical analogues, not fit a predefined category. And even when declining to hear 922(g) challenges, Justices Alito, Gorsuch, Thomas, and Kavanaugh signaled that categorical, lifelong bans could be vulnerable.
Meanwhile, the DOJ has revived the § 925(c) restoration process, which had been defunded since 1992. This revival itself signals that the government acknowledges nonviolent felons may deserve a path back to firearm rights.
High Stakes: Mixed Outcomes Across Circuits
Gun-ban challenges have flooded the courts. The Third Circuit supports individualized restoration under Bruen’s test. But the Ninth, 10th, and other circuits still uphold § 922(g)(1) as lawful. In United States v. Duarte, the Ninth Circuit recently reversed an earlier panel and reinstated Duarte’s federal conviction under § 922(g)(1), citing historical traditions. That decision came despite ongoing disagreement in other courts.
Still, the volume of successful challenges—over 30 federal wins and counting—marks a significant shift from a time when such challenges were rare.
What This Means for You
If you’re charged under § 924(c), the First Step Act protections limit punishment, and you may also challenge whether your offense even qualifies as a “crime of violence.” If you’re convicted under § 922(g)(1) for a nonviolent felony, especially theft or fraud, you may be able to regain your rights through court challenge or the revived § 925(c) petition.
If you’re anywhere in the process—charging, sentencing, parole—this moment is critical. Several paths to relief are now open.
Your Next Step
Review your felony: Was it nonviolent? Could it pass historical tradition scrutiny?
Look at your circuit: Are local courts receptive to Second Amendment challenges?
Consider § 92️5️(c): With DOJ’s revived program, there’s now a formal route to restore gun rights.
Talk to us: The legal landscape is shifting fast. Whether you’re appealing, petitioning, or anticipating charges, we can guide you through your options.
omise of a Second Amendment life beyond conviction is not dead—it’s evolving. If you or a loved one is affected, contact our office. We specialize in helping individuals regain rights and rebuild lives.
