No. 20-5791

Anthony Moreno v. United States

Lower Court: Fifth Circuit
Docketed: 2020-09-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2nd-amendment civil-rights due-process firearms-possession home-defense interest-balancing risk-assessment second-amendment sentencing-guidelines standing
Key Terms:
SecondAmendment
Latest Conference: 2020-10-16
Question Presented (AI Summary)

Does the use of an interest-balancing test to evaluate the Second Amendment rights of a person to keep and bear arms in his home (or vehicle where possession in a vehicle is lawful) and which allows those rights to be restricted or taken away because a person 'poses a risk to society that is enhanced by their possessing firearms' meet the requirements of the Second Amendment?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does the use of an interest-balancing test to evaluate the Second Amendment rights of a person to keep and bear arms in his home (or vehicle where possession in a vehicle is lawful) and which allows those rights to be restricted or taken away because a person "poses a risk to society that is enhanced by their possessing firearms" meet the requirements of the Second Amendment? 2. Can the right to possess firearms in the home, as guaranteed in the Second Amendment, be taken away based on a presumption in a sentencing guideline that does not require evidence or proof of use or possession of such firearms for unlawful purposes? 3. Does an accused drug trafficker with no prior felony convictions or other disqualifications have the right, under the Second Amendment, to possess firearms for defense of home and hearth if that possession has not been shown to be connected in any way with his drug trafficking or otherwise unlawful or can such rights be denied to a citizen because he "poses a risk to society that is enhanced by his possessing firearms"?

Docket Entries

2020-10-19
Petition DENIED.
2020-10-01
DISTRIBUTED for Conference of 10/16/2020.
2020-09-29
Waiver of right of respondent United States of America to respond filed.
2020-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 26, 2020)

Attorneys

Anthony Moreno
Randall Harrison NunnRandall H. Nunn, Attorney at Law, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent