The feds have staunchly opposed the effort by NBA Youngboy to dismiss charges related to gun possession in a move that could have significant implications for firearm regulation and individual rights under the Second Amendment.
The legal battle ensues over the controversial statute, 18 U.S.C. § 922(g)(1), which NBA Youngboy claims infringes upon his constitutional rights following a 2021 charge for possession of firearms by a convicted felon.
The charges stem from an incident during a music video shoot in Baton Rouge, Louisiana, where the rapper and 15 others were apprehended.
According to federal prosecutors, the arrest was the result of a broader investigation into illegal activities in the Baton Rouge area.
Police reported recovering 14 guns, $79,000 in cash, and various illegal drugs from the scene. Among the seized firearms were a .45 caliber pistol and a 9mm handgun, both reportedly in NBA Youngboy’s possession.
Given his status as a convicted felon due to a previous robbery and assault conviction, his involvement with these firearms constitutes a federal offense.
NBA Youngboy’s initial argument centers on the assertion that the statute, which prohibits felons from possessing firearms, violates the Second Amendment’s safeguarding of a citizen’s right to keep and bear arms.
This argument was put to the test against existing Fifth Circuit precedent, which has historically maintained the legality of restricting firearm possession among convicted felons as a lawful regulatory measure.
The U.S. government’s memorandum, responding to NBA Youngboy’s motion to dismiss, highlights the Fifth Circuit’s consistent rejection of challenges to the statute based on the Second Amendment.
Citing numerous cases and historical evidence, the memorandum supports the notion that restrictions on firearm possession by felons align with the longstanding tradition of firearm regulation, emphasizing the intent to disarm individuals deemed irresponsible or a danger to public safety.
Moreover, the government contends that even if the court were to reassess the constitutionality of the statute under the framework endorsed by the recent Supreme Court decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen, it would still withstand scrutiny.
The decision in Bruen, which refined the legal standard for applying the Second Amendment, underscores the historical precedent of regulating firearm ownership, thereby bolstering the government’s position against NBA Youngboy’s motion.
