United States v. Eric Gaten
CourtCourt of Appeals for the Eighth Circuit
Date FiledNovember 4, 2026
Docket25-2532
StatusPublished
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Full Opinion
United States Court of Appeals
For the Eighth Circuit
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No. 25-2532
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United States of America
Plaintiff - Appellee
v.
Eric Gaten
Defendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: September 21, 2026
Filed: November 4, 2026
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Before GRUENDER, KELLY, and KOBES, Circuit Judges.
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KOBES, Circuit Judge.
Missouri police found Eric Gaten with a gun once in 2020 and twice in 2022.
The Government charged him with three counts of violating 18 U.S.C. § 922(g)(1).
Section 922(g)(1) makes it illegal for a felon—someone who was convicted of a
crime punishable by a term of imprisonment exceeding one year—to knowingly
possess a firearm that was in or affected interstate commerce. See United States v.
Harris, 964 F.3d 718, 723 (8th Cir. 2020). Gaten moved to dismiss the indictment,
arguing § 922(g)(1) is an unconstitutional infringement of his Second Amendment
right to keep and bear arms. He also said § 922(g)(1) violates the Fifth
Amendment’s guarantee of equal protection because it can treat two convicted
criminals who did the same thing differently. The district court 1 denied Gaten’s
motion. We affirm.
We review the district court’s decision to deny Gaten’s motion to dismiss the
indictment de novo. United States v. Anderson, 771 F.3d 1064, 1067 (8th Cir. 2014).
We also review challenges to the constitutionality of a federal statute de novo. Id.
at 1066.
Gaten’s first argument is that § 922(g)(1) unfairly burdens his Second
Amendment right to keep and bear arms and so is unconstitutional under New York
State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022). Gaten concedes that this
argument is “foreclosed by circuit precedent,” but he wants to preserve it for further
review.
Gaten is correct that his first argument fails. In United States v. Jackson, we
held that “§ 922(g)(1) is not unconstitutional” as applied to the similarly situated
defendant in that case because the law is “consistent with the Nation’s historical
tradition of firearm regulation.” 110 F.4th 1120, 1125–26 (8th Cir. 2024). We
further held that “there is no need for felony-by-felony litigation regarding the
constitutionality of § 922(g)(1).” Id. at 1125. That cut off as-applied constitutional
challenges to the statute based on the Second Amendment. Then, in United States
v. Cunningham, we held more broadly that § 922(g)(1)’s “longstanding prohibition
on possession of firearms by felons is constitutional.” 114 F.4th 671, 675 (8th Cir.
2024). That foreclosed facial constitutional challenges to the statute based on the
1
The Honorable John A. Ross, United States District Judge for the Eastern
District of Missouri, adopting the report and recommendation of the Honorable John
M. Bodenhausen, United States Magistrate Judge for the Eastern District of
Missouri.
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Second Amendment. Together, Jackson and Cunningham dispose of Gaten’s first
argument, something we cannot revisit here. Anderson, 771 F.3d at 1066–67.
Gaten’s alternative argument is that § 922(g)(1) runs afoul of the Fifth
Amendment, which the Supreme Court held “contains within it the prohibition
against denying to any person the equal protection of the laws.” United States v.
Windsor, 570 U.S. 744, 774 (2013). The way Gaten sees it, the law’s method of
deciding what felonies count for being a “felon” in possession of a gun is
incompatible with the Fifth Amendment’s promise of equal protection. See 18
U.S.C. § 921(a)(20) (“What constitutes a [qualifying felony conviction] shall be
determined in accordance with the law of the jurisdiction in which the proceedings
were held.”). He argues that because one state may punish an act as a misdemeanor
while another state might punish the same act as a felony, § 922(g)(1) treats similar
people differently depending on where they were convicted. He says this means that
§ 922(g)(1) “burdens a fundamental right in explicitly unequal terms.”
To the extent Gaten is bringing an as-applied challenge to § 922(g)(1)’s
constitutionality under the Fifth Amendment, his guilty plea bars him from doing so.
See United States v. Deng, 104 F.4th 1052, 1054 (8th Cir. 2024), cert. denied, 145
S. Ct. 348 (Mem.) (2024). But we read his brief as also making a facial challenge,
which “survive[s] a guilty plea,” so we will consider its merits. United States v.
Nunez-Hernandez, 43 F.4th 857, 860 (8th Cir. 2022).
“A facial challenge is really just a claim that the law or policy at issue is
unconstitutional in all its applications.” Bucklew v. Precythe, 587 U.S. 119, 138
(2019). The Supreme Court has deliberately “made facial challenges hard to win.”
Moody v. NetChoice, LLC, 603 U.S. 707, 723 (2024). To prevail, Gaten would need
to “establish that no set of circumstances exists under which [§ 922(g)(1)] would be
valid.” United States v. Charles, 159 F.4th 545, 546 (8th Cir. 2025) (emphasis
added) (quoting United States v. Rahimi, 602 U.S. 680, 693 (2024)).
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Gaten does not show that § 922(g)(1) is unconstitutional in every case. His
argument depends entirely on comparing various state laws and is limited to
situations where a criminal could have been a misdemeanant if convicted in one state
but was convicted in another that made them a felon. Under this theory, there is no
equal protection violation if a crime is a felony in all 50 states because there would
be no relevant disparity. Gaten himself was previously convicted of selling cocaine
base, which is a felony in every state. Because § 922(g)(1) “is constitutional as
applied to the facts of [Gaten’s] own case,” the law “survives [his] facial challenge.”
Rahimi, 602 U.S. at 693, 700.
Affirmed.
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