8th Circuit upholds federal law banning felons from owning guns, ruling no case-by-case review of…
United States v. Pouk Kang
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8th Circuit upholds federal law banning felons from owning guns, ruling no case-by-case review of each prior felony is needed under the Second Amendment.
Why it matters
The Eighth Circuit affirmed the district court's denial of Pouk Kang Kang's motion to dismiss a federal felon-in-possession charge. Kang argued that the federal law banning felons from possessing firearms is too broad under the Second Amendment, and that a lifetime ban is unconstitutional. The court rejected both arguments, citing its own prior rulings that no felony-by-felony analysis is required and that the permanent prohibition is constitutional.
Who it affects
This ruling directly affects people in the Eighth Circuit who are charged under the federal felon-in-possession statute and wish to challenge it on Second Amendment grounds. It signals that such constitutional challenges will not succeed in this circuit under current precedent.
What happens next
Current
Decision issued Jul 20, 2026
Unpublished opinion
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- Decision issued Jul 20, 2026Unpublished opinion
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Decision issued
Jul 20, 2026 · Unpublished opinion
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DEEPER READ
Pouk Kang Kang was charged under 18 U.S.C. Section 922(g)(1), the federal law that makes it a crime for a convicted felon to possess a firearm. Before pleading guilty, he asked the court to dismiss the charge entirely, arguing the law violates the Second Amendment. He entered a conditional guilty plea so he could challenge the dismissal denial on appeal. Kang raised two main constitutional arguments. First, he said the category of people banned from gun ownership under Section 922(g)(1) is too broad because some modern felonies involve far less serious conduct than crimes that existed when the Second Amendment was ratified in 1791. He argued courts should look at each prior felony individually to decide whether that particular conviction justifies a firearms ban. Second, Kang argued that a permanent, lifetime ban on firearm possession is unconstitutional on its face, meaning it should be struck down entirely regardless of the specific circumstances. The Eighth Circuit rejected both arguments based on its own recent precedents. On the first point, the court cited United States v. Jackson (2024), in which the circuit held that 'there is no need for felony-by-felony litigation regarding the constitutionality of Section 922(g)(1).' On the second point, the court cited United States v. Bernard (2025), which described Jackson as holding that the permanent prohibition is constitutional. The three-judge panel issued a unanimous, unpublished per curiam opinion affirming the district court. The ruling does not change existing law in the Eighth Circuit. It reaffirms that courts in this circuit will not conduct individualized Second Amendment reviews of prior felony convictions when applying Section 922(g)(1).
CITATION AND RECORD
Record source: CourtListener
United States Court of Appeals For the Eighth Circuit ___________________________ No. 25-1453 ___________________________ United States of America Plaintiff - Appellee v. Pouk Kang Kang Defendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Central ____________ Submitted: April 13, 2026 Filed: July 20, 2026 [Unpublished] ____________ Before KELLY, ARNOLD, and KOBES, Circuit Judges. ____________ PER CURIAM. Pouk Kang Kang was charged with one count of possession of a firearm as a felon, in violation of 18 U.S.C. § 922(g)(1). He moved to dismiss the indictment, arguing § 922(g)(1) violates his right to possess firearms under the Second Amendment. The district court 1 denied the motion, finding Kang’s arguments foreclosed by this circuit’s precedent. Kang then entered a conditional guilty plea, reserving the right to appeal the denial of his motion to dismiss. On appeal, Kang asserts that the class of individuals who are prohibited from possessing a firearm due to a prior felony conviction is too broad, contending that some modern-day felonies involve significantly less serious conduct than crimes recognized at the time the Second Amendment was ratified. However, to adopt this argument would be to require an assessment of each prior felony conviction, and we have held that “there is no need for felony-by-felony litigation regarding the constitutionality of § 922(g)(1).” United States v. Jackson, 110 F.4th 1120, 1125 (8th Cir. 2024). Kang also argues that a permanent or lifetime ban on the ability to possess a firearm is facially unconstitutional, but we have held to the contrary. United States v. Bernard, 136 F.4th 762, 765 (8th Cir. 2025) (describing Jackson as holding “that the permanent prohibition of § 922(g)(1) is indeed constitutional”). The judgment of the district court is affirmed. ______________________________ 1 The Honorable Stephanie M. Rose, Chief Judge, United States District Court for the Southern District of Iowa. -2-
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