⚖ Oral Arguments, with Context

The Fifth Circuit considers whether federal law may constitutionally disarm Raymond Andrew Luna based on a prior simple drug-possession felony. The district judge dismissed his felon-in-possession indictment on Second Amendment grounds, and the government appeals. Recent circuit cases distinguish simple possession from drug trafficking. The government says records from Luna's prior case show trafficking activity and also notes that he was under a separate firearm indictment when he possessed this gun. Luna says the court may consider only the offense of conviction, not disputed underlying conduct, and that the separate statute for people under indictment addresses receiving or transferring a firearm, not mere possession.

United States v. Luna (No. 25-40272) — U.S. Court of Appeals for the Fifth Circuit, argued August 4, 2026.