No, said an Eighth Circuit panel in U.S. v. Jackson earlier this year; yesterday, the court refused to rehear the case en banc, so the answer is still no in the Eighth Circuit. Judge David Stras, joined by Judges Ralph Erickson, Steven Grasz, and Jonathan Kobes (a total of four of the eleven judges on the court), dissented from the denial of rehearing:
I have no special affection for felons either, but the Second Amendment does not care. It says what it says, and so do the Supreme Court decisions interpreting it. See generally U.S. v. Rahimi (2024); N.Y. State Rifle & Pistol Ass'n v. Bruen (2022). And what Jackson [II] [the panel decision] says about as-applied challenges conflicts with both.
Start with Rahimi. It was a facial challenge, but the Supreme Court dealt with it by examining whether the statute was "constitutional in some of its applications," including in "Rahimi's own case." It reviewed the historical analogues, surety and going-armed laws, and held that an individual like Rahimi—someone who has been "found by a court to pose a credible threat to the physical safety of another[—]may be temporarily disarmed consistent with the Second Amendment."
If the Court meant to cut off all as-applied challenges to disarmament laws, as Jackson II concludes, it would have been odd to send that message by deciding Rahimi based on how his as-applied challenge would have gone. See id. (stating that "[s]ection 922(g)(8)'s restriction was temporary as applied to Rahimi"); id. (noting that § 922(g)(8) applies "only once a court has found that the defendant represents a credible threat to the physical safety of another"). It would have just announced the law's across-the-board constitutionality and moved on, like Jackson II does.
