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United States v. Allam

Court of Appeals for the Fifth Circuit · No. 24-40065 · 140 F.4th 289

Decided

👎Unfavorable to gun rights

As-applied Second Amendment challenge rejected and the conviction under the school-zone statute affirmed.

GunMapUSA assessment of the outcome's direction, not a statement that the court decided rightly or wrongly.

What the court held

A man who parked for weeks beside a Beaumont, Texas school with an AR-15-style rifle in his vehicle was convicted under the federal Gun-Free School Zones Act and argued the statute violated the Second Amendment as applied to him. The Fifth Circuit affirmed, holding that the historical analogues offered by the government - going-armed and affray laws, nineteenth-century restrictions on guns in schools, and polling-place buffer zones - together support disarming a visibly threatening individual as close to a school as he was. The court expressly declined to decide how far the statute's 1,000-foot buffer zone may reach in other circumstances.

Summarized from the court's opinion.

What this case is about

Second Amendment challenge to the federal Gun-Free School Zones Act, 18 U.S.C. § 922(q)(2)(A)

GunMapUSA summary of the issue, not a quotation from the court.

Key Dates

Read the full opinion The complete text of the court's decision, reproduced in full.

Sources

Summary of public court records. Not legal advice.