Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of December 9, 2024.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Ex parte Huell, No. 02-24-00315-CR (Dec. 12, 2024) (Wallach, J., joined by Bassel and Womack, JJ.).

Held:  Texas Penal Code Section 46.04(a), which regulates possession of firearms by felons, is not facially unconstitutional under N.Y. State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1, 142 S. Ct. 2111 (2022). To prevail on his facial challenge, Appellant had to show that no circumstances exist under which the statute would be valid. But neither Bruen nor the most recent United States Supreme Court opinion—United States v. Rahimi, 144 S. Ct. 1889 (2024)—reject regulations restricting firearm possession by felons.