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Rehaif v. United States

Updated Sep 18, 2026

In brief

To convict under this law, the government must prove the person knew they had a gun and knew they were in a group forbidden to possess one.

Where it stands
Decided

Decided 7-2 · June 21, 2019 · Opinion by Justice Breyer

What it’s about
This case asked whether, to convict someone under the federal law banning certain people from possessing firearms, the government must prove not only that the person knowingly possessed a gun but also that he knew he belonged to a prohibited category, such as being unlawfully in the United States.
Who it affects
Federal prosecutors must now prove knowledge of the person's barred status as well as knowing possession of a firearm. That can matter, for example, when the claimed barred status is being unlawfully in the United States.

Summary: written with AI from the case record.

Illustration for Rehaif v. United States
Conceptual illustration · AI-generated

What it's about

The Supreme Court held that the government must prove both.

The decision interprets the federal law that bars specified groups of people from possessing firearms.

Question presented

Whether the "knowingly" provision of § 924(a)(2) applies to both the possession and status elements of a § 922(g) crime, as has been urged by then-Judge, now Justice Gorsuch, or whether it applies only to the possession element, as has been held by the courts.

What the Court decided

Holding

In a prosecution under §922(g) and §924(a)(2), the Government must prove both that the defendant knew he possessed a firearm and that he knew he belonged to the relevant category of persons barred from possessing a firearm. 888 F. 3d 1138, reversed and remanded.

Result
Reversed

The vote

  • Joined the judgment
  • Dissented
  • Wrote an opinion
Majority · 7joined the Court's opinion
  1. Breyerwrote the opinion
  2. Kagan
  3. Kavanaugh
  4. Ginsburg
  5. Sotomayor
  6. Roberts
  7. Gorsuch
Dissenting · 2disagreed with the result
  1. Thomas
  2. Alitowrote the dissent
7 justices joined the judgment, 2 dissented.

From the opinions

“The Court casually overturns the long-established interpretation of an important criminal statute, 18 U. S. C. §922(g), an interpretation that has been adopted by every single Court of Appeals to address the question.”

— Justice Alito(dissent)

What's next

The case goes back to the lower court to apply the Supreme Court's rule. The Supreme Court has finished its work in this docket.

Documents

3

Docket activity

6
  • New analysis added

    Sep 18, 2026 · Court records

  • AI analysis generated: Case Briefing

    Sep 18, 2026 · Generated

  • AI analysis generated: Decision Record

    Sep 18, 2026 · Generated

  • Opinion added: opinion

    Jun 21, 2019 · Court records

  • Brief added: Petition

    Jun 21, 2018 · Court records

Show 1 more
  • Brief added: Questions Presented

    Court records

More questions

4
What did Rehaif v. United States decide?
The Court said the government must prove knowledge of both firearm possession and the person's prohibited status.
How did the Supreme Court rule in Rehaif?
It overturned the Eleventh Circuit's ruling and sent the case back to the lower court for further proceedings.
What must prosecutors prove after Rehaif?
They must prove the accused knew they possessed a firearm and knew they belonged to a category barred from possessing one.
What happens next in Rehaif?
The lower court will handle the case under the Supreme Court's interpretation. The Supreme Court's docket action is complete.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Sep 18, 2026Methodology

Court records and filings

Reporting and analysis