Reported / Citable
Background
A grand jury charged Marc Lance Avila Jr. with possessing a firearm as a convicted felon on or about May 16, 2026, in violation of 18 U.S.C. § 922(g)(1) and § 924(a)(8).
Avila moved before trial to dismiss Count One, arguing that § 922(g)(1)’s prohibition on firearm possession by convicted felons exceeds Congress’s authority under the Commerce Clause. He conceded that controlling Fifth Circuit precedent foreclosed the argument.
The Court’s Holding
Judge Mark T. Pittman denied the motion to dismiss. On a Rule 12(b)(1) motion, the court accepted the indictment’s allegations as true and concluded that Fifth Circuit precedent treats § 922(g)(1) as a valid exercise of Congress’s commerce power.
The court cited United States v. Alcantar and United States v. Daugherty, among other authority. Although Avila noted that the Fifth Circuit had granted en banc review in another case involving a similar challenge, the district court held that it remained bound by existing Fifth Circuit precedent.
Key Takeaways
- Section 922(g)(1) remains constitutional under binding Fifth Circuit Commerce Clause precedent.
- A pending en banc proceeding does not free a district court from following existing circuit precedent.
- Avila’s felon-in-possession count will proceed.
Why It Matters
The decision confirms that Commerce Clause attacks on § 922(g)(1) remain unavailable in the Northern District of Texas unless and until controlling Fifth Circuit or Supreme Court authority changes. Defendants may preserve such arguments, but district courts must apply current circuit law.