USA v. James Bost

Circuit 3Oct 13, 2026

Split Score

SplitScore: 77/100

Case Summary

Disposition

Affirmed

Sitting en banc, the Third Circuit rejected James Bost’s Second-Amendment challenge to his felon-in-possession conviction, holding that § 922(g)(1) may constitutionally disarm persons whose prior convictions, like Bost’s terroristic-threats offense, show a prima facie risk of physical violence. Because Bost’s predicate crime inherently involved violent threats, the court affirmed the district court’s denial of his motion to dismiss the indictment and sustained his conviction.

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Circuit Split Identified

Legal Issue

Whether 18 U.S.C. § 922(g)(1) may constitutionally disarm all felons categorically or only those whose predicate convictions demonstrate a risk of physical violence, under the Second‐Amendment framework announced in Bruen.

Circuit Positions

Circuit 3(this circuit)

§ 922(g)(1) is constitutional only if the government shows the defendant’s predicate offense (or other evidence) establishes a prima facie risk of physical violence—individualized, danger-based approach.

Circuit 2Circuit 4Circuit 6Circuit 8Circuit 10

§ 922(g)(1) is constitutionally valid as a categorical ban on all felons’ firearm possession, without regard to violence or dangerousness of the underlying crime.

Conflict Summary

The Third Circuit holds that § 922(g)(1) is constitutional only when the predicate felony itself evidences a risk of physical violence (or the government otherwise proves individualized dangerousness), whereas a number of other circuits uphold § 922(g)(1) as a categorical, ‘felon means felon’ ban that applies regardless of whether the prior offense was violent.

Parties & Counsel

Parties

Appellant:James Bost
Appellee:United States of America

Legal Counsel

Appellant:Elisa A. Long; Jasmine R. Sola (Federal Public Defender’s Office); Patrick K. Nightingale (PKN Law)
Appellee:Donovan J. Cocas; Laura S. Irwin (U.S. Attorney’s Office); Vivek Suri (U.S. Department of Justice)