Kenneth Ray Carlyle, Jr. v. United States
SecondAmendment DueProcess FifthAmendment FourthAmendment Punishment JusticiabilityDoctri
Whether the Second Amendment protects the right of felons to possess sawed-off shotguns
QUESTIONS PRESENTED 1. Whether A Hiéterical Analysis of the Second Amendment Reveals . ‘Felons Armed With Sawed-Off Shotguns Guarding Other Felons The Right of Property In Keeping and Bearing Arms Is Distinctly and Affirmed In-the 2d Amendment To All Persons Born In The United States of America Including ExConvict Citizeis Especially Those Who did Not Use Any Firearms To Commit The Prior Offense(s)?; 2, | Whether The Power To Regulate Commerce Include The Power To Ginvértcthe Free Exercise of an Unalieable Right Into A Crime? 3. Petitioner's Substantial Rights Were Affected Sufficient Enough to Merit Reversal Under Rule 52(b) Plain Error Standard Where the Jury Was Not Instructed to Find that the Firearm Petitioner Allegedly Possessed . Had been Shipped or transported In Interstate Commerce Due to Fact That Reheaif v. United States, 139 S.Ct. 2191(2019) Was Decided After Petitioner . Was Convicted And Creer v, United States, 141 S.Ct. 2090(2021) Did Not . Address Whether Government Wad To” PEOve befendant Khew Firearm He Allegedly Possessed Had Been Shipped Or Transported In Interstate or Foreign Commerce As An Essential Element of the § 922(g) Offense? . 4, Whether 922(g)'s Implied Constructive Possession Provision Is An Unconstitutional Strict Liability Provision Which Requires Saly That A: Defendant Voluntarily Be In A Motor Vehicle Or Other Place When He Knows That A Firearm Is The Same As The D.C. Code § 22-2511 Statute Declared Unconstitutional In Conley v. United States, 79 A.3d 270(D.C. 2013 D.C.) 5. Whether The Constitution Guarantees All Citizens The Right To . Keep And Bear And Arms Except Those Who Use Those Arms In A Manner As To : ‘ ‘ Terrify Other Citizens Unnecessarily Or Those’ Who Take Arms Against The . United States or State In A Manner Prohibited By 14th Amendment § 3? . + : a Prohibs tion Whether Bo.U15265,8 027 ¢B) Viphates, 5th & 8th