USA v. Hernandez
Split Score
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Case Summary
Disposition
Affirmed
The Fifth Circuit affirmed Marcos Hernandez’s convictions for felon-in-possession of a firearm and possession of an unregistered short-barreled shotgun. The court held that Hernandez’s facial Second Amendment and Commerce Clause challenges are foreclosed and that his as-applied Second Amendment challenges fail under existing Fifth Circuit precedent, which deems violent felons outside the Second Amendment’s protection, particularly where the firearm is a short-barreled shotgun.
Circuit Split Identified
Legal Issue
Proper analytical framework for as-applied Second Amendment challenges to 18 U.S.C. § 922(g)(1) after NYSRPA v. Bruen
Circuit Positions
Categorically uphold § 922(g)(1); no as-applied challenges permitted
Require individualized assessment of entire criminal record and present dangerousness when evaluating as-applied challenges
Focus on categorical nature of predicate felony (e.g., violence, theft); no individualized inquiry beyond elements of convictions
Conflict Summary
Circuits disagree on whether § 922(g)(1) may be categorically applied to all felons, whether courts must conduct an individualized dangerousness inquiry, or whether courts need only examine the nature of the predicate felony offense. The Ninth Circuit rejects all as-applied challenges outright; the Third and Sixth Circuits require a holistic review of a defendant’s criminal history and present dangerousness; the Fifth Circuit applies a predicate-offense focused, category-based test that does not look beyond the elements of the felony convictions.