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Zherka v. Bondi: Gun Law Case Guide

Last reviewed: 2026-08-28Topic: Court Cases & Sentencing
Quick answer

The Second Circuit upheld § 922(g)(1) against facial and as-applied challenges by a person with a nonviolent fraud conviction.

Zherka v. Bondi is one of the major modern court decisions shaping firearm regulation, prohibited-person law, Second Amendment analysis, or federal firearm sentencing.

Court U.S. Court of Appeals for the Second Circuit
Decision date June 9, 2025
Citation 140 F.4th 68 (2d Cir. 2025)
Main issue Nonviolent felony and § 922(g)(1)
Current status Binding in the Second Circuit; certiorari was denied January 20, 2026.

What the court held

The Second Circuit upheld § 922(g)(1) against facial and as-applied challenges by a person with a nonviolent fraud conviction.

Why Zherka v. Bondi matters

Zherka deepened the circuit disagreement over how much individualized Second Amendment review is available to people with nonviolent felony convictions.

What the case does not automatically mean

A major firearm decision should not be reduced to “all gun laws are invalid” or “every person with a felony may possess a gun.” Constitutional challenges are often facial or as-applied, statutory decisions can be narrower than constitutional decisions, and lower-court holdings are binding only within their jurisdiction. Always identify the exact statute and court before applying the holding.

Felony gun charge and restoration impact

For a person researching a felony gun charge, the practical question is whether this case changes the elements, constitutional validity, sentencing exposure, or interpretation of the relevant firearm statute. Restoration remains a separate question. Review the gun-rights restoration guide, the state law page, and the § 922(g) guide.

How this fits into the current court split

Since Bruen and Rahimi, courts have produced a large body of new firearm decisions involving felony convictions, controlled-substance users, domestic-violence orders, age limits, carry restrictions, ghost guns, and ACCA sentencing. Compare this case with the full 25 major gun-law court cases library before drawing a nationwide conclusion.

Frequently asked questions

What did Zherka v. Bondi change about gun law?

Zherka deepened the circuit disagreement over how much individualized Second Amendment review is available to people with nonviolent felony convictions.

Does Zherka v. Bondi mean a felon can own a gun?

Not as a blanket rule. The holding must be applied within its court, facts and issue. Federal § 922(g)(1), state law, and any legally effective restoration remain separate questions.

How does Zherka v. Bondi affect felony gun rights restoration?

Court decisions can change whether a firearm prohibition is constitutional or how a statute is interpreted, but restoration is a distinct statutory or executive process. A favorable case does not automatically create a restoration order.

Is Zherka v. Bondi still current law?

Binding in the Second Circuit; certiorari was denied January 20, 2026.

Sources and legal references