Law360 (July 29, 2026, 9:41 PM EDT) -- The Eighth Circuit has reversed a Missouri man's gun conviction, finding that a decision earlier this year from the U.S. Supreme Court changes what kind of analysis is needed to decide whether to dismiss firearms-related charges filed against known drug users.

The three-judge panel held on Tuesday that because of recent precedent from the high court, Benjamin K. Striplin should be afforded a new hearing to determine whether a federal law banning gun possession by drug users, known as section 922(g)(3), now violates Striplin's Second Amendment rights.

"Because the district court issued its decision before much of the case law on the constitutionality of § 922(g)(3) had been developed, it did not engage in the analysis described above," Circuit Judge Bobby Shepherd said in the opinion. "Thus, remand is appropriate to allow the district court to conduct this analysis in the first instance."

Striplin led police on a high-speed chase in April 2020 and after the deployment of stop sticks, he lost control of his vehicle and crashed. Law enforcement then searched Striplin's vehicle, finding a loaded pistol and a plastic bottle converted into a drug pipe, the opinion said.

Striplin admitted to being a habitual methamphetamine user over the last decade and that the bottle was paraphernalia used to smoke the drug. He also admitted to police that he was the owner of the pistol they located in his vehicle, the opinion said.

A federal grand jury charged Striplin with one count of possession of a firearm by a drug user. He moved to dismiss the indictment, arguing that section 922(g)(3) violated his Second Amendment rights, the opinion said.

The request went before a federal magistrate judge, who dismissed the motion after analyzing the U.S. Supreme Court's 2022 decision New York State Rifle & Pistol Ass'n, Inc. v. Bruen . The magistrate held that under Bruen, there was sufficient historical analogue to justify disarming Striplin and charging him with a crime as an admitted drug user, the opinion said.

The district court adopted in April 2023 the magistrate's recommendation not to dismiss the indictment, relying on both Bruen and relevant Eighth Circuit precedent in its decision. The Eighth Circuit in its 2023 case United States v. Jackson held subcategories like "drug user" could be used when enforcing federal firearm laws, the opinion said.

The case went to a bench trial, and a federal district court found that based on the facts that both sides agreed to, Striplin was guilty of violating section 922(g)(3). The court sentenced Striplin to 33 months in prison followed by three years of probation, the opinion said.

Striplin appealed the conviction, arguing that because of recent changes in U.S. Supreme Court and Eighth Circuit precedent, the charge against him should be thrown out. The appeal argues that under the new rules, federal courts are required to shift how they conduct Second Amendment analysis, the opinion said.

The panel on Tuesday agreed, finding the district court's reliance on the Eighth Circuit's holding in the 2023 Jackson decision was outdated. The circuit updated its precedent in 2025 with United States v. Cooper , holding that categories like "drug user" could not be used to disarm a defendant under the Second Amendment, the opinion said.

The opinion also references changes to U.S. Supreme Court precedent earlier this year in United States v. Hemani that changed gun ownership rules for marijuana users. The justices ruled in that case that people accused of being casual marijuana users cannot be disarmed under the label "drug user," the opinion said.

The rapidly evolving landscape for Second Amendment law meant that the district court in Striplin's case did not properly analyze his motion to dismiss. The panel reversed Striplin's conviction and ordered the lower court to conduct a new hearing in light of the new precedent.

An attorney representing Striplin and a spokesperson for the U.S. Attorney's Office for the Western District of Missouri did not respond to a request for comment.

Circuit Judges Lavenski Smith, Morris S. Arnold and Bobby Shepherd sat for the U.S. Court of Appeals for the Eighth Circuit.

The government is represented by Don Michael Green, John Benton Hurst and Brandon E. Gibson of the U.S. Attorney's Office for the Western District of Missouri.

Striplin is represented by Stephen C. Moss and Rebecca L. Kurz of the Federal Public Defender's Office.

The case is United States of America v. Benjamin K. Striplin, case number 24-2969 in the U.S. Court of Appeals for the Eighth Circuit.

--Editing by Vaqas Asghar.

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