Hector Patricio Galvan v. United States
SecondAmendment JusticiabilityDoctri
Does 18 U.S.C. § 922(g)(1) violate the Second Amendment?
QUESTIONS PRESENTED Title 18, section 922(g) identifies nine categories of persons who are commanded not “to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.” The most commonly prosecuted category of prohibited persons is 18 U.S.C. § 922(g)(1)—anyone “(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year.” 1. Does 18 U.S.C. § 922(g)(1) violate the Second Amendment on its face or as applied in this case? 2. Does the mere movement of a firearm from one state to another mean that every subsequent act of possession is possession “in or affecting commerce?” 3. Does 18 U.S.C. § 922(g)(1) exceed Congress’s enumerated powers? ii DIRECTLY