On December 17, 2025, the United States Court of Appeals for the Fifth Circuit delivered a landmark ruling in United States v. Cockerham, striking down a lifetime firearm ban imposed under 18 U.S.C. § 922(g)(1) as a violation of the Second Amendment. This decision marks a significant moment in the ongoing debate over the scope of Second Amendment rights, particularly for individuals convicted of non-violent offenses. The case centers on Edward Cockerham, whose sole predicate offense was failing to pay child support, a crime for which he served no prison time.
The Second Amendment, which guarantees the right to keep and bear arms, is recognized as a fundamental civil right, akin to the protections afforded by the First, Fourth, Fifth, and Sixth Amendments. The Supreme Court’s decision in New York State Rifle & Pistol Ass’n v. Bruen clarified that firearm regulations must align with the nation’s historical tradition of firearm regulation to pass constitutional muster. The Fifth Circuit’s analysis in Cockerham adheres to this framework, emphasizing that history, not fear of firearms, must guide judicial review.
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