Jesse Shane Owens v. United States
DueProcess
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 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. ‘