Zherka v. Bondi
Court of Appeals for the Second Circuit · No. 22-1108 · 140 F.4th 68
👎Unfavorable to gun rights
Second Circuit upheld 922(g)(1) as applied to a nonviolent felon and rejected the due process claim to an individualized dangerousness hearing.
GunMapUSA assessment of the outcome's direction, not a statement that the court decided rightly or wrongly.
What the court held
Selim Zherka, convicted of a nonviolent financial felony involving bank fraud and false tax returns, sued to have the federal felon-in-possession ban declared unconstitutional as applied to him and argued he was due an individualized assessment of his dangerousness before losing his gun rights. The Second Circuit affirmed dismissal of the complaint, holding that the Second Amendment does not bar Congress from disarming convicted felons as a class and declining to carve out nonviolent felons, which it said would usurp the legislative function and require unworkable line-drawing. Because the statute constitutionally disarms felons categorically, the court also held he had no procedural due process right to a hearing on his current dangerousness.
Summarized from the court's opinion.
What this case is about
Second and Fifth Amendment challenge to the federal felon-in-possession law by a person convicted of a financial felony
GunMapUSA summary of the issue, not a quotation from the court.
Key Dates
- 2025-06-09 — Decided
- 2023-05-08 — Argued
Sources
- CourtListener — retrieved 2026-08-08
Summary of public court records. Not legal advice.