United States v. Isaac

Case: 24-50112 Document: 71-1 Page: 1 Date Filed: 11/20/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 24-50112

FILED November 20, 2024 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

David Isaac, Jr.,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 5:22-CR-37-1 ______________________________

Before Higginbotham, Jones, and Oldham, Circuit Judges.

Per Curiam: *

David Isaac, Jr. was convicted of possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1). Isaac was previously convicted of the felony of aggravated assault with a deadly weapon for firing multiple shots Case: 24-50112 Document: 71-1 Page: 2 Date Filed: 11/20/2024

No. 24-50112 at someone. † See Tex. Penal Code § 22.02(a)–(b). Isaac argues that § 922(g)(1) is unconstitutional facially and as applied to him.

Recent precedent forecloses both claims. First, we have already held that § 922(g)(1) is facially constitutional. United States v. Diaz, 116 F.4th 458, 471–72 (5th Cir. 2024). Second, Isaac’s as-applied challenge is also foreclosed. “From the earliest days of the common law, firearm regulations have included provisions barring people from misusing weapons to harm or menace others.” United States v. Rahimi, 144 S. Ct. 1889, 1899 (2024). Here, Isaac previously misused a firearm in an attempt to harm another. A ban on his ability to possess a firearm thus fits easily within our Nation’s historical tradition of firearm regulation. See id. at 1888–902. Moreover, we recently held that someone convicted of “car theft” could be constitutionally dispossessed of his firearm. See Diaz, 116 F.4th at 467, 471–72. A fortiori, someone convicted of aggravated assault with a deadly weapon can be constitutionally dispossessed of a firearm.

AFFIRMED.

_____________________ †

Isaac was also convicted of deadly conduct, stemming from an incident where he pointed a firearm at a mother picking up her son from school. That was only a misdemeanor because he did not discharge his weapon. Tex. Penal Code § 22.05(e).