Want to Own a Gun? Avoid a Felony Conviction—Even a Nonviolent One
If you value your right to own or possess a firearm, there’s one thing you must understand: any felony conviction—violent or nonviolent—can permanently take that right away under federal law.
A recent decision by the 9th U.S. Circuit Court of Appeals made this clear. On May 10, 2025, the court upheld a federal statute that bans all felons from possessing firearms, even those convicted of nonviolent crimes. The case, United States v. Duarte, is now a major legal flashpoint and is widely expected to be reviewed by the U.S. Supreme Court.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our defense attorneys near you.
The Duarte Case: What’s at Stake?
Steven Duarte was convicted under the Gun Control Act of 1968 (§ 922(g)(1)) after Inglewood police arrested him for allegedly throwing a gun out of a moving car in Los Angeles. Although his prior felony conviction was nonviolent, Duarte argued that the lifetime ban on firearm possession violated his Second Amendment rights.
Initially, a smaller panel of 9th Circuit judges sided with Duarte. But the full en banc panel reversed that ruling. In the majority opinion, Judge Kim McLane Wardlaw wrote that federal lawmakers have historically had the authority to disarm those who pose a “special danger of misuse” of firearms. The court concluded that a permanent ban on felons owning guns aligns with the nation’s tradition of firearm regulation.
Importantly, the court rejected the argument that only those convicted of serious, violent crimes at the time of the nation’s founding should be disqualified from gun ownership.
A Divided Bench—and a Divided Nation
Not all the judges agreed with the reasoning. Some, including Judge Lawrence VanDyke, dissented sharply, accusing the court of ignoring the growing importance of Second Amendment protections and criticizing what he called the court’s “deep-seated prejudice” against gun rights.
Other judges agreed with the final outcome—upholding Duarte’s conviction—but did so on procedural grounds. They noted Duarte had not properly raised his constitutional challenge at the trial level.
The case now highlights a deep divide among federal courts. Some circuits have held that the gun ban is unconstitutional when applied to certain nonviolent offenders, while others have upheld it across the board. This kind of disagreement, called a “circuit split,” often leads to Supreme Court review.
Why This Decision Matters
The Duarte case underscores a crucial point: any felony conviction, even for a nonviolent offense, can result in the permanent loss of your Second Amendment rights. And while the Supreme Court may ultimately weigh in on this issue, the law as it stands today is unforgiving.
If you are currently facing felony charges—or even being offered a plea deal that includes a felony—you must understand the consequences. A single conviction could permanently bar you from owning a firearm.
Contact Wallin & Klarich Today
If you have been charged with a felony, you need to contact an experienced attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.
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