No. 18-6515

Kevin Wayne Vanover and Meredith Ann Yates v. United States

Lower Court: Fourth Circuit
Docketed: 2018-10-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2nd-amendment 2nd-amendment,constitutional-interpretation,histor civil-procedure civil-rights constitutional-interpretation due-process firearm-rights founding-era government-power historical-evidence historical-intent individual-liberty military-force right-to-bear-arms second-amendment standing takings
Key Terms:
AdministrativeLaw SecondAmendment DueProcess JusticiabilityDoctri
Latest Conference: 2018-11-30
Question Presented (AI Summary)

Whether the Second Amendment protects the right of the people to be prepared to resist abuse of government power by military force, with equal force

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. Since the courts and the legislature once recognized the Second Amendment was to protect the right of the people to be prepared to resist abuse of government power by military force, with equal force, and since the Judiciary was given no legislative or constitution-making powers, and are duty bound to interpret the Constitution with the full value, understanding and intention of the Framers in mind, when and where did the Constitution change from the plain wording in the Second Amendment of "shall not be infringed" to "shall not be unreasonably infringed"? II. Based on the wording of the Preamble to the Bill of Rights, does the Court recognize the chief political principle of the Second Amendment was to serve, which is that of protecting the right of the people to remain capable , of mounting an effectual resistance against "misconstruction or abuse" of government power at any level; and does the court recognize the overwhelming amount of historical evidence that the Founders intended the People to resist encroachments of their liberties by the government? TII. Do punishments of common law or founding era offenses equivalent to modern "non-violent" "victimless" "felonies", support a lifetime ban of possessing firearms or ammunition by anyone convicted of such offense? "IV. Was the Second Amendment intended to prohibit Congress from placing upon the right to keep and bear arms which would be similar in nature to those imposed by the Crown and Parliament in England ’ 1 . during the Revolutionary periods of 1688 and1776, and to prevent arms seizures as transpired under Nazi rule in Germany and Nazi occupied territories before and during WWII; and would the Founders have considered current Federal gun control legislation (26 U.S.C. §§ 5841, 5861 (d), 5871; 18 U.S.C. §§ 922 (g) (1), 924 (a) (2), 922 (g) (3), 922 (a) (6)) to be infringements of their right to bear arms? V. Did the public which ratified the Second Amendment understand that every type of firearm, ammunition or explosive available was protected by the guarantee against infringement; and did the Founders intend for the People to : have equal or inferior firearms technology the the military forces? VI. Would the Founders have considered the laws (18 U.S.C. § 2; 21 U.S.C. § . B41 (a)(1); (b)(1)(B)) to be a violation of the Ninth Amendment; Tenth Amendment; Article 4, Section 2, Clause 1; the absolute rights of man; and rightful liberty; and does historical evidence support the fact that the Founders considered cultivation, possession, consumption and use of cannabis as an economic commodity, to be one of the people's rights? cii ' 4

Docket Entries

2018-12-03
Petition DENIED.
2018-11-14
DISTRIBUTED for Conference of 11/30/2018.
2018-11-06
Waiver of right of respondent United States to respond filed.
2018-10-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 30, 2018)

Attorneys

Kevin Wayne Vanover, et al.
Kevin Wayne Vanover — Petitioner
Kevin Wayne Vanover — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent