On October 5, 2026, the Supreme Court declined to hear United States v. Hembree, a Justice Department appeal over the federal law that bars people with felony convictions from having firearms. The one-line order means a Fifth Circuit decision in the defendant’s favor stays in place.
What the case was about
Federal law, 18 U.S.C. 922(g)(1), bars anyone convicted of a crime punishable by more than a year in prison from possessing a gun. It is one of the most commonly charged federal firearm laws.
Charles Hembree was convicted under that law. His qualifying felony was a 2018 conviction for simple possession of methamphetamine. A three-judge panel of the Fifth Circuit threw out his gun conviction, ruling that the government had not shown a historical tradition of permanently disarming people for simple drug possession. In other words, the ban was unconstitutional as applied to him.
The Justice Department asked the Supreme Court to send the case back to the Fifth Circuit for another look after the Court’s 2026 decision in United States v. Hemani, which dealt with the federal ban on gun possession by drug users. Hembree’s public defenders argued Hemani did not change the outcome. The Court considered the petition at its September 28 conference and denied it without comment.
Why it matters
A denial is not a ruling on the merits, and it does not set nationwide precedent. But it does leave the Fifth Circuit’s reasoning standing in Texas, Louisiana and Mississippi. In those states, prosecutors face a harder road when the only “felony” behind a gun charge is a nonviolent, decades-old possession offense.
It also fits a pattern. The Congressional Research Service notes that since Bruen, the Court has generally allowed laws aimed at people who are actually dangerous, as in Rahimi, while rejecting broad bans that sweep in people without showing dangerousness, as in Hemani. Lower courts are now sorting out what that means for the felon ban, and they do not all agree.
What it does not mean
This decision does not restore anyone’s gun rights automatically. The felon-in-possession law remains on the books and is enforced every day. A person with a felony record who wants to possess a firearm should not rely on news reports about other people’s cases. The safe path is a consultation with a lawyer about rights restoration, expungement or pardon options under federal and state law.
Expect the issue to return. With circuits split on as-applied challenges, the Supreme Court will likely take up a felon-ban case eventually, and that ruling would apply everywhere.
This article is news, not legal advice. If you have a criminal record, talk with a licensed attorney before possessing a firearm.
