United States of America v. Pouk Kang Kang

United States Court of Appeals
For the Eighth Circuit
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No. 25-1453
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United States of America
Plaintiff - Appellee
v.
Pouk Kang Kang
Defendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Central
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Submitted: April 13, 2026
Filed: July 20, 2026
[Unpublished]
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Before KELLY, ARNOLD, and KOBES, Circuit Judges.
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PER CURIAM.
Pouk Kang Kang was charged with one count of possession of a firearm as a
felon, in violation of 18 U.S.C. § 922(g)(1). He moved to dismiss the indictment,
arguing § 922(g)(1) violates his right to possess firearms under the Second

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Amendment. The district court1 denied the motion, finding Kang’s arguments
foreclosed by this circuit’s precedent. Kang then entered a conditional guilty plea,
reserving the right to appeal the denial of his motion to dismiss.
On appeal, Kang asserts that the class of individuals who are prohibited from
possessing a firearm due to a prior felony conviction is too broad, contending that
some modern-day felonies involve significantly less serious conduct than crimes
recognized at the time the Second Amendment was ratified. However, to adopt this
argument would be to require an assessment of each prior felony conviction, and we
have held that “there is no need for felony-by-felony litigation regarding the
constitutionality of § 922(g)(1).” United States v. Jackson, 110 F.4th 1120, 1125 (8th
Cir. 2024). Kang also argues that a permanent or lifetime ban on the ability to possess
a firearm is facially unconstitutional, but we have held to the contrary. United States
v. Bernard, 136 F.4th 762, 765 (8th Cir. 2025) (describing Jackson as holding “that
the permanent prohibition of § 922(g)(1) is indeed constitutional”).
The judgment of the district court is affirmed.
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1 The Honorable Stephanie M. Rose, Chief Judge, United States District Court
for the Southern District of Iowa.

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