No. 23-7293

Shawn Thomas Borne v. United States

Lower Court: Tenth Circuit
Docketed: 2024-04-23
Status: GVR
Type: IFP
IFP Experienced Counsel
Tags: 2nd-amendment constitutional-challenge criminal-law due-process federal-criminal-law firearm firearm-possession interstate-commerce second-amendment standing statutory-interpretation
Key Terms:
SecondAmendment
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether 18 U.S.C. § 922(g)(1) is unconstitutional under the Second Amendment

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether 18 U.S.C. § 922(¢)(1) is unconstitutional under the Second Amendment, both facially and as applied to Mr. Borne, in light of New York State Rifle ¢> Pistol Ass'n, Inc. v. Bruen, 142 §. Ct. 2111 (2022). 2. Whether, as a statutory matter, 18 U.S.C. § 922(g)(1) prohibits a person’s present intrastate possession of a firearm or ammunition for the sole reason that the firearm or ammunition previously crossed state lines. 3. Whether Congress may criminalize intrastate possession of a firearm or ammunition solely because they crossed state lines at some point before they came into the defendant’s possession. i

Docket Entries

2024-10-07
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>United States</i> v. <i>Rahimi</i>, 602 U. S. ___ (2024).
2024-08-08
DISTRIBUTED for Conference of 9/30/2024.
2024-07-24
Memorandum For The United States of United States submitted.
2024-07-24
Memorandum of respondent United States filed.
2024-06-12
Motion to extend the time to file a response is granted and the time is further extended to and including July 24, 2024.
2024-06-11
Motion to extend the time to file a response from June 24, 2024 to July 24, 2024, submitted to The Clerk.
2024-05-16
Motion to extend the time to file a response is granted and the time is extended to and including June 24, 2024.
2024-05-15
Motion to extend the time to file a response from May 23, 2024 to June 24, 2024, submitted to The Clerk.
2024-04-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 23, 2024)
2024-03-12
Application (23A830) granted by Justice Gorsuch extending the time to file until April 19, 2024.
2024-03-07
Application (23A830) to extend the time to file a petition for a writ of certiorari from March 20, 2024 to April 19, 2024, submitted to Justice Gorsuch.

Attorneys

Shawn Thomas Borne
Leah D. YaffeOffice of the Federal Public Defender, Petitioner
Leah D. YaffeOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent