The Felon Firearm Ban and United States v. Duarte: Why the Story Has an Important Update
The felon firearm ban story surrounding United States v. Duarte took a genuinely dramatic turn that changes the entire picture from what many people originally heard about this case. A three-judge panel initially struck down a felon-in-possession conviction. That decision did not survive.
Facing a Felon in Possession of a Firearm Charge?
A widely discussed ruling favoring nonviolent felons was ultimately reversed. Call John Guidry at (407) 423-1117 to understand where the law actually stands today.
What the Original Panel Decided
Steven Duarte had five prior nonviolent felony convictions in California, including vandalism and evading a peace officer. Police observed him toss a handgun from a moving vehicle, and prosecutors charged him under 18 U.S.C. § 922(g)(1), the federal law prohibiting anyone with a qualifying felony conviction from possessing a firearm. A jury convicted him, and he received a 51-month sentence.
Duarte appealed, arguing that under New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022), the government needed to show a genuine historical tradition supporting a lifetime firearm ban for nonviolent felons like him. On May 9, 2024, a three-judge panel of the Ninth Circuit Court of Appeals agreed. The panel found the government couldn’t identify Founding-era analogues sufficiently similar to Duarte’s specific convictions, vacated his conviction, and reversed the district court’s judgment.
Why That Wasn’t the End of the Story
The federal government requested a rehearing before the full Ninth Circuit sitting en banc, meaning a larger panel of judges would reconsider the case rather than leaving the three-judge panel’s decision as final. The full court granted that request.
On May 9, 2025, exactly one year after the original panel decision, an eleven-judge en banc panel of the Ninth Circuit reversed course entirely. Writing for the majority, the court held that prohibiting felons from possessing firearms aligns with the nation’s historical tradition of firearm regulation, satisfying the framework Bruen requires. The en banc court affirmed Duarte’s original conviction, meaning the felony firearm ban applied to him after all, and his 51-month sentence stood.
What This Means for the Broader Legal Landscape
This reversal brought the Ninth Circuit’s final position in line with several other federal circuits, including the Eighth, Tenth, and Eleventh Circuits, all of which have upheld the constitutionality of felon-in-possession bans in various forms. The Eleventh Circuit’s position matters directly here in Florida, since Florida cases fall under that circuit’s jurisdiction. Federal felon-in-possession bans remain fully enforceable in Florida, and this final Duarte outcome reinforces rather than undermines that existing legal landscape.
It’s worth understanding that federal circuits still disagree on some of the finer details. The Third Circuit has found § 922(g)(1) unconstitutional in at least one specific circumstance involving a relatively minor, decades-old fraud conviction. But the broad, categorical felon-in-possession ban remains intact and enforceable across most of the country, including the circuit covering Florida.
What This Means If You’re Facing This Charge
If you’re facing a felon-in-possession charge, whether under federal law or Florida’s own Statute § 790.23, the final word in Duarte doesn’t provide the constitutional escape route the original 2024 panel decision briefly suggested. That door closed when the en banc court reversed course in 2025. Separately, a different pending Florida case, Christopher Morgan v. State, currently has Florida’s own Attorney General arguing for a narrower application of the state’s felon-in-possession statute specifically for nondangerous felons, but that case remains unresolved and represents a distinct legal question from what Duarte ultimately decided.
If You Want More Related Content
Check out our more videos and breakdown articles covering major updates in Florida defense law. You can also use the links below to stay informed. Learn how to protect your constitutional rights when dealing with law enforcement.
Watch: https://youtu.be/u3CKthEcSZo
Read: https://jgcrimlaw.com/articles/officer-jason-raynor-act-florida-sb156/
John’s Takeaways
- A three-judge Ninth Circuit panel initially vacated Duarte’s felon-in-possession conviction on May 9, 2024, applying Bruen’s historical framework to find the ban unconstitutional as applied to him.
- The government requested en banc review, and the full Ninth Circuit reversed that panel decision on May 9, 2025, ultimately upholding Duarte’s conviction and his 51-month sentence.
- This final outcome aligns the Ninth Circuit with the Eighth, Tenth, and Eleventh Circuits, all of which have upheld felon-in-possession bans, reinforcing the law that applies in Florida specifically.
- Federal and Florida felon-in-possession laws remain fully enforceable despite the earlier, ultimately overturned panel decision that briefly suggested otherwise.
- A separate, still-pending Florida case, Christopher Morgan v. State, raises a related but distinct question about nondangerous felons under Florida’s own statute, and that case remains unresolved.
Facing a Felon in Possession Charge in Central Florida?
I’ve been following Second Amendment developments affecting felon firearm rights closely, and understanding the full, current history of cases like Duarte matters enormously. I represent clients across Orange, Seminole, Osceola, Lake, Brevard, and Volusia County.
Give my office a call. Let’s talk through exactly where the law currently stands on your specific charge.
John Guidry — (407) 423-1117
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 33 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
John Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.