US v. Levasseur
Split Score
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Case Summary
Disposition
Affirmed
The First Circuit affirmed Jason Levasseur’s conviction under 18 U.S.C. § 922(g)(1), rejecting his as-applied Second Amendment challenge. The court held that, even assuming felons are within "the people," history and tradition permit disarming persons with felony drug convictions because they pose a special danger of firearm misuse.
Circuit Split Identified
Legal Issue
Whether individuals with felony convictions are within "the people" protected by the Second Amendment and therefore may invoke Second-Amendment rights against 18 U.S.C. § 922(g)(1).
Circuit Positions
Felons remain within "the people" protected by the Second Amendment (may bring Second-Amendment challenges).
Felons fall outside the scope of the Second Amendment and may be categorically disarmed.
First Circuit assumes, without deciding, that felons are within "the people" for purposes of analysis; position not finally resolved.
Conflict Summary
Most circuits hold that felons remain part of "the people" and may raise Second Amendment claims subject to the Bruen historical-tradition test, while the Fourth Circuit holds that felons fall completely outside the Second Amendment’s scope. The First Circuit, in this opinion, expressly acknowledges the split but assumes without deciding that felons are within "the people."