No. 23-6100

Joseph Eugene Dix v. United States

Lower Court: Tenth Circuit
Docketed: 2023-11-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: commerce-clause constitutional-law constitutional-limits criminal-law felon-in-possession felony-conviction firearm-possession interstate-commerce interstate-travel statutory-interpretation
Key Terms:
Securities EmploymentDiscrimina JusticiabilityDoctri
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Whether a felon's intrastate possession of a firearm violates 18 U.S.C. § 922(g)(1) solely because the firearm previously crossed state lines

Question Presented (from Petition)

QUESTIONS PRESENTED (1) Federal law makes it a crime for a person with a prior felony conviction to “possess .. . affecting commerce, any firearm or ammunition.” 18 U.S.C. § 922(g)(1). Can such a person’s present intrastate possession of a firearm violate § 922(g)(1) for the sole reason that the firearm previously crossed state lines, or must the possession itself contemporaneously “affect[ ] commerce”?! (2) Congress cannot exercise its Commerce Clause power to regulate an activity merely because that activity might lead to violent crime. A stronger link is required between the activity and interstate commerce. Assuming § 922(g)(1) prohibits a person with a prior felony conviction from possessing any firearm that previously crossed state lines, can a firearm’s past life sufficiently link a person’s present possession to interstate commerce, or did Congress exceed its Commerce Clause power when it enacted § 922(g)(1)?2 2 Question Two is presented by both Petitioners. i

Docket Entries

2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-12-01
Waiver of right of respondent United States to respond filed.
2023-11-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 22, 2023)

Attorneys

Joseph Dix, et al.
Paige A. NicholsOffice of the Federal Public Defender, Petitioner
Paige A. NicholsOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent