United States v. Brown (25-60102) is advanced and continues the intricate authorized battles surrounding Second Modification rights in america. In United States v. Brown, the Federal Authorities accused the defendant (Justin Brown) of violating 18 U.S. Code § 922(o), or Illegal Acts in on a regular basis phrases, for unlawfully possessing a machine gun. The query delivered to courtroom was whether or not the federal prohibition towards machinegun possession violates the Second Modification. In 2022, the Supreme Court docket “established a brand new historic paradigm for analyzing Second Modification claims.” This refers to Bruen, via which all docketed Second Modification circumstances should be interpreted (as handed down by SCOTUS to all decrease courts when listening to present and future Second Modification circumstances).
With the precedent of Bruen, america District Court docket for the Southern District of Mississippi (Northern Division) dismissed the cost as a violation of the Second Modification. The Federal Authorities, in flip, appealed to the Fifth Circuit, the place the case now resides. A brief launched on April 24, 2025, by the Appearing U.S. Lawyer for the Southern District of Mississippi, Patrick Lemon, said, “machineguns are usually not the sort of arms protected by the Second Modification and that America’s historical past of regulating harmful and strange weapons confirms [the federal gun ban’s] constitutionality.” This assertion challenges Bruen’s historic argument.
FPC, a Second Modification membership group that goals to “defend constitutional rights, advance particular person liberty, and restore freedom,” responded to Appearing U.S. Lawyer Patrick Lemon. FPC President Brandon Combs argued, “Appearing U.S. Lawyer Lemon’s horrifically flawed transient is unprincipled and an unbelievable affront to the Individuals and our constitutionally protected rights. Not solely does this lemon of a short expressly advance anti-liberty arguments, however it additionally goes as far as to quote the radically anti-Second Modification Everytown propaganda publication, The Hint, in help of its place. This transient couldn’t be much less in keeping with President Trump’s ‘Defending Second Modification Rights’ govt order.”
United States v. Brown is one instance of ongoing authorized actions relating to the Second Modification in america.
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