Is the 3rd Circuit About to Crush Another Federal Gun Law?

Published on November 3, 2025
Duration: 7:00

The Third Circuit Court of Appeals is reconsidering the constitutionality of federal law 18 U.S.C. § 922(g)(1), which prohibits individuals convicted of crimes punishable by over a year in jail from possessing firearms. The case, Williams v. Attorney General, involves an individual convicted of multiple DUIs, none of which were violent. The court has ordered an en banc review to determine if evidence beyond predicate convictions can be considered when evaluating the law's constitutionality as applied.

Quick Summary

The Third Circuit Court of Appeals is undertaking an en banc review of Williams v. Attorney General, a case challenging federal law 18 U.S.C. § 922(g)(1). This law prohibits firearm possession by individuals convicted of crimes punishable by over a year in jail. The court will examine whether evidence beyond predicate convictions can be considered when assessing the law's constitutionality.

Chapters

  1. 00:00Introduction: Third Circuit's Metamorphosis
  2. 00:52The Federal Law in Question: 18 U.S.C. § 922(g)(1)
  3. 01:16Broader Implications: Non-Violent Offenses
  4. 01:53District Court Ruling in Williams v. Attorney General
  5. 02:11Appeal to the Third Circuit
  6. 02:46No Ruling from Three-Judge Panel: En Banc Review
  7. 03:06Shift in the Third Circuit's Attitude
  8. 03:37Chief Justice's Order for En Banc Rehearing
  9. 03:44The Key Issue for the En Banc Panel
  10. 04:16Focus Beyond Predicate Convictions
  11. 04:47Supreme Court and Prior Circuit Decisions
  12. 05:21Briefing Schedule and Next Steps
  13. 05:42Significance of Third Circuit Litigation
  14. 06:14Case Recap: Williams v. Attorney General
  15. 06:26Contact Washington Gun Law

Frequently Asked Questions

What federal law is being challenged in Williams v. Attorney General?

The federal law being challenged is 18 United States Code Section 922(g)(1). This law generally prohibits individuals convicted of crimes punishable by more than a year in jail from possessing firearms.

Why is the Third Circuit Court of Appeals' review of this case significant?

The Third Circuit has recently seen a shift towards a more conservative majority, making it a key venue for Second Amendment litigation. Their en banc review of this case suggests a willingness to re-examine established federal gun prohibitions.

What is the specific legal question the Third Circuit will consider in the en banc review?

The Third Circuit will determine if a court can consider evidence beyond an individual's predicate convictions when evaluating the constitutionality of 18 U.S.C. § 922(g)(1) as applied to them.

What type of convictions does the individual in Williams v. Attorney General have?

The individual in this case has a history of chronic drunk driving, accumulating enough DUIs in Pennsylvania to be subject to more than a year in jail. Importantly, none of these specific DUI allegations were violent in nature.

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