No. 22-7590

Jesse Shane Owens v. United States

Lower Court: Fourth Circuit
Docketed: 2023-05-18
Status: Denied
Type: IFP
IFP
Tags: 2nd-amendment civil-rights constitutional-law domestic-violence due-process federal-courts firearm-restrictions second-amendment standing statutory-interpretation
Key Terms:
DueProcess
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether courts must assess the elements 18 U.S.C. § 922(g)(8) and, if so, whether federal courts must consider a state's own law about the due process protections, or lack thereof, provided when the order issues

Question Presented (OCR Extract)

QUESTION PRESENTED The question presented is whether courts must assess the elements 18 U.S.C. § 922(g)(8) and, if so, whether federal courts must consider a state’s own law about the due process protections, or lack thereof, provided when the order issues. Of particular relevance to the question is this Court’s New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 142 8. Ct. 2111 (2022) opinion, which issued after briefing in Mr. Owens’ case. ! 1 Mr. Owens points the Court to the Solicitor General’s petition filed in United States v. Rahimi, No. 22-915 (S. Ct. docketed Mar. 21, 2023), which presents the issue: Whether 18 U.S.C. § 922(g)(8), which prohibits the possession of firearms by persons subject to domestic-violence restraining orders, violates the Second Amendment on its face. Whether the Rahimi petition is granted would have bearing on Mr. Owens’ case, and he respectfully suggests a decision on his petition could be deferred until the outcome in Rahimi. ‘

Docket Entries

2023-10-02
Petition DENIED.
2023-08-03
DISTRIBUTED for Conference of 9/26/2023.
2023-07-28
Reply of petitioner Jesse Shane Owens filed.
2023-07-20
Brief of respondent United States in opposition filed.
2023-06-15
Motion to extend the time to file a response is granted and the time is extended to and including July 20, 2023.
2023-06-14
Motion to extend the time to file a response from June 20, 2023 to July 20, 2023, submitted to The Clerk.
2023-05-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 20, 2023)
2023-03-14
Application (22A805) granted by The Chief Justice extending the time to file until May 18, 2023.
2023-03-06
Application (22A805) to extend the time to file a petition for a writ of certiorari from March 20, 2023 to May 18, 2023, submitted to The Chief Justice.

Attorneys

Jesse Shane Owens
Kimberly H. AlbroFederal Public Defender's Office, Petitioner
Kimberly H. AlbroFederal Public Defender's Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent