Third Circuit Narrows the Federal Felon Gun Ban
Circuit RulingU.S. Court of Appeals, 3rd Circuit (full court) · Oct 13, 2026
Can the federal government permanently disarm everyone with a felony conviction, no matter what the crime was?
What a ruling could mean
- If no one seeks further review: The rulings stand in Pennsylvania, New Jersey, Delaware, and the Virgin Islands, where courts now ask whether a prior offense signals a risk of violence.
- If the Justice Department or another party asks the Supreme Court to step in: The Court could finally decide whether the federal felon ban can apply to people with nonviolent convictions, where the circuits are split.
What happened
In two same-day decisions, the full Third Circuit held that the federal felon gun ban (18 U.S.C. § 922(g)(1)) can't be applied to Edward Williams, whose record consisted of two early-2000s DUI convictions (Williams v. Attorney General), while upholding the conviction in United States v. Bost, where the prior offense was terroristic threats tied to a 2002 carjacking. Courts in Pennsylvania, New Jersey, Delaware, and the Virgin Islands must now ask whether a prior offense signals a risk of violence, rather than treating every felony as disqualifying.
Why it matters
The judges split several ways on the right test, and the circuits remain divided on nonviolent felons. The Supreme Court declined the government's petition in Hembree on October 5, so this question has no Supreme Court answer yet. The Justice Department could seek further review; no filing has been reported.
Key dates
- Oct 13, 2026 En banc decisions in Williams (ban can't apply) and Bost (conviction upheld)