Last week, I wrote about the Supreme Court’s decision in Rehaif v. United States and how that decision, along with United States v. Davis, produced interesting lineups and may lead to big changes in the enforcement and prosecution of gun crimes. Today, I want to focus on Davis—and what it means for the future.
In the past week, the Supreme Court issued two decisions likely to have a major impact on gun prosecutions: Rehaif v. United States, in which the Court tossed out an immigrant’s conviction for unlawful possession of a firearm, and United States v. Davis, in which the Court tossed out a pair of convictions for possessing a firearm during a crime of violence. Justice Kavanaugh chronicled a list of crimes potentially imperiled by Davis. Justice Gorsuch dismissed the relevance of this “rogue’s gallery of offenses.” How should we understand these decisions?