Convicted Felon Challenging Constitutionality of Gun Laws Must Now Convince Court to Allow Him to Withdraw Plea

Despite having reached a plea agreement and cancelling his trial, the sentencing of a Fairbury man prohibited from owning firearms due to a felony conviction has been postponed once again, this time for a hearing to determine if he will be allowed to withdraw his guilty plea.Cameron D. May, age 54, was originally charged with possession of a firearm by a prohibited person, a class 1D felony punishable by three to 50 years in prison.It is May’s intention to fight the constitutionality of the law that prevents him from owning guns.Nebraska law prohibits an individual with a felony conviction from possessing a firearm. Per Nebraska Revised Statute 28-1206, “The felony conviction may have been had in any court in the United States, the several states, territories, or possessions, or the District of Columbia.”May was convicted of a felony in California. Despite being represented by an attorney, Dustin Garrison, May filed a number of documents with the court on his own. May filed 11 affidavits in October and November alone. Previously, May told FJN he had fired his attorney. However, Garrison appeared with his client in court.At one point, the defendant attempted to ask the judge a question directly. Judge David J.A. Bargen told May, “You are represented by council. You speak to your council.”Can May Withdraw His Plea?There is no guarantee that May will be allowed to withdraw his plea.May pleaded no contest to a reduced charge of possession of a deadly weapon, a knife, by a prohibited person, a class 3 felony punishable by four years in prison, two years of post-release supervision and a $25,000 fine. There was also an agreement as to the disposition of six firearms owned by May. Three of the guns were to be surrendered to law enforcement. Three others could be turned over to another individual, provided that individual can legally take ownership of the weapons.Jefferson County Attorney Joseph Casson pointed out, “I believe that the court has received a number of filings pro se by Mr. May. The thrust of those is, he’s arguing that there's a constitutional defense to the possession of firearm, and that would be the new information that he wishes to present to the court. This case is not a case currently involving firearms. Mr. May pled no contest to possession of the knife. There is no constitutional protection for a knife, so any new evidence would not relate to the charge for which he's currently for the court. And I would submit to the court that he's not submitted a fair and just reason for withdrawing his plea, and would object to withdrawing additional basis for withdrawing.”Garrison countered, “I don't think the court knows what our basic basis is. That's what he recited in his pleadings. That may not be what he's going to recite by way of evidence, though. I think we need a hearing on it.”“The case law does indicate that a plea may not be withdrawn simply because someone changes their mind,” said Judge Bargen. “The defendant does bear the burden, by clear and convincing evidence, to show a reason to withdraw the plea. That typically is shown at a hearing.”Bargen said, “So, I don't know that the state would be prejudiced by a short hearing for the defendant to be allowed to make a case for that purpose, and so the court will grant the motion to have a hearing so that the defendant has the ability, or the opportunity, rather, to present if there is a reason for the withdrawal of plea in this matter.” What Happens Next?Judge Bargen had ordered May to completed a PSI (Pre-Sentencing Investigation), which May did not do. Garrison said, “I think it's important for the court to see the entire picture before the court can make a decision.”The hearing is scheduled for December 4, 2025. May remains free on a $80,000 (10 percent) bond as of press time.

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