Austin Drake Day v. United States
SecondAmendment JusticiabilityDoctri
Whether 18 U.S.C. § 922(g) permits conviction for the possession of any firearm that has ever crossed state lines at any time in the indefinite past, and, if so, if it is facially unconstitutional?
QUESTIONS PRESENTED 1. Whether 18 U.S.C. § 922(g) permits conviction for the possession of any firearm that has ever crossed state lines at any time in the indefinite past, and, if so, if it is facially unconstitutional? 2. Whether 18 U.S.C. § 922(g)(1) comports with the Second Amendment? 3. Subsidiary Question: Whether this Court should hold the instant Petition pending United States v. Rahimi, cert. granted, 143 S. Ct. 2688 (No. 22-915) (oral argument heard Nov. 7, 2023), given the government’s concession in its Petition for Certiorari in Garland v. Range, (No. 23-374) that Rahimi presents “closely related Second Amendment issues” with respect to constitutional challenges to 18 U.S.C. § 922(g)(1), and urges this Court to “hold the petition for a writ of certiorari’ in Range “pending its decision Rahimi[?]?1 1 See Petition for Certiorari, Garland v. Range, (No. 23-374), at 7 (Filed October 5, 2023), available at i