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United States v. Brown: FPC Statement
United States v. Brown (25-60102) is complex and continues the intricate legal battles surrounding Second Amendment rights in the United States. In United States v. Brown, the Federal Government accused the defendant (Justin Brown) of violating 18 U.S. Code § 922(o), or Unlawful Acts in everyday terms, for unlawfully possessing a machine gun. The question brought to court was whether the federal prohibition against machinegun possession violates the Second Amendment. In 2022, the Supreme Court “established a new historical paradigm for analyzing Second Amendment claims.” This refers to Bruen, through which all docketed Second Amendment cases must be interpreted (as passed down by SCOTUS to all lower courts when hearing current and future Second Amendment cases).
With the precedent of Bruen, the United States District Court for the Southern District of Mississippi (Northern Division) dismissed the charge as a violation of the Second Amendment. The Federal Government, in turn, appealed to the Fifth Circuit, where the case now resides. A brief released on April 24, 2025, by the Acting U.S. Attorney for the Southern District of Mississippi, Patrick Lemon, stated, “machineguns are not the kind of arms protected by the Second Amendment and that America’s history of regulating dangerous and unusual weapons confirms [the federal gun ban’s] constitutionality.” This statement challenges Bruen’s historical argument.
FPC, a Second Amendment membership organization that aims to “defend constitutional rights, advance individual liberty, and restore freedom,” responded to Acting U.S. Attorney Patrick Lemon. FPC President Brandon Combs argued, “Acting U.S. Attorney Lemon’s horrifically flawed brief is unprincipled and an incredible affront to the People and our constitutionally protected rights. Not only does this lemon of a brief expressly advance anti-liberty arguments, but it also goes so far as to cite the radically anti-Second Amendment Everytown propaganda publication, The Trace, in support of its position. This brief could not be less consistent with President Trump’s ‘Protecting Second Amendment Rights’ executive order.”
United States v. Brown is one example of ongoing legal actions regarding the Second Amendment in the United States.
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