United States v. Mitchell: Fifth Circuit Second Amendment Appeal

This episode is a Fifth Circuit Court of Appeals opinion affirming the conviction of Maurice Mitchell for being a felon in possession of a firearm. Mitchell unsuccessfully argued that his prosecution violated the Second Amendment, claiming his prior felony—attempting to disarm a police officer—was not a historically valid reason to strip him of gun rights. The court rejected this, ruling the crime is functionally similar to robbery, an offense that traditionally justifies disarmament under the Bruen framework. Additionally, the court upheld the use of a flight instruction to the jury, finding that Mitchell’s attempt to evade police supported an inference of guilt. Finally, the judges determined that sufficient evidence linked Mitchell to the weapon found on his bicycle, despite his claims of a flawed investigation. This ruling reinforces the government's power to prohibit violent or dangerous felons from legally owning firearms.