Iklas Richard Davis v. United States
SocialSecurity Securities Immigration
Does the Third Circuit's presumption that 18 U.S.C. § 922(g)(1) defendants knew of their prohibiting status conflict with Rehaif?
question presented is: Does the Third Circuit’s creation of a presumption that all individuals convicted of 18 U.S.C. § 922(g)(1) (felon in possession), knew of their relevant status conflict with Supreme Court precedent and essentially eliminate the knowledge element just established by this Court in Rehaif? 2. In recent decisions, this Court and individual Justices have expressed its growing discomfort with the expansion of federal criminal statutes into an area expressly reserved to state police power, by issuing opinions striking down federal criminal statutes that failed to have a bona fide interstate commerce nexus. This is particularly the case in areas that are in fact sufficiently being regulated by the states. The question presented is: Does the federal Unlawful Felon in Possession of a Firearm statute (18 U.S.C. § 922(g)(1)) exceed Congress’s authority to regulate under the Commerce Clause? 1 OTHER PARTIES AND CORPORATE DISCLOSURE There are no