USA v. Debrow
Split Score
What is a Split Score?
This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Vacated
The Fifth Circuit considered Talanzo Debrow’s challenge to his felon-in-possession conviction, arguing that 18 U.S.C. § 922(g)(1) violates the Second Amendment as applied to him because his sole predicate felony was aggravated criminal damage to property. Concluding the Government failed to supply sufficient historical evidence justifying lifetime disarmament for that predicate, the court vacated the district court’s order denying Debrow’s motion to dismiss and remanded for further proceedings.
Circuit Split Identified
Legal Issue
Whether 18 U.S.C. § 922(g)(1) is constitutional as applied to individual felons after N.Y. State Rifle & Pistol Ass’n v. Bruen and, if not, what analytical test governs the as-applied inquiry.
Circuit Positions
§ 922(g)(1) is constitutional as applied to all felons—no individualized inquiry required
As-applied challenges allowed; courts examine defendant’s personal history and continuing dangerousness
As-applied challenges allowed but limited to the predicate felony’s elements; courts will not conduct a free-floating dangerousness inquiry
Conflict Summary
Circuits disagree on the proper post-Bruen framework for evaluating § 922(g)(1) as-applied challenges. A majority (2d, 4th, 8th, 9th, 10th, 11th) uphold the statute across the board for all felons. The 3d and 6th Circuits allow as-applied challenges but look to the defendant’s overall dangerousness and personal characteristics. The 5th Circuit permits as-applied challenges yet limits the inquiry to the nature of the predicate felony itself, rejecting a broad dangerousness assessment.