No. 23-7451

Hector Patricio Galvan v. United States

Lower Court: Fifth Circuit
Docketed: 2024-05-10
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 2nd-amendment congressional-power criminal-conviction criminal-law due-process enumerated-powers firearm firearm-possession interstate-commerce second-amendment statutory-interpretation
Key Terms:
SecondAmendment JusticiabilityDoctri
Latest Conference: 2024-06-06
Question Presented (AI Summary)

Does 18 U.S.C. § 922(g)(1) violate the Second Amendment?

Question Presented (from Petition)

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

Docket Entries

2024-06-10
Petition DENIED.
2024-05-22
DISTRIBUTED for Conference of 6/6/2024.
2024-05-16
Waiver of right of respondent United States to respond filed.
2024-05-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2024)

Attorneys

Hector Patricio Galvan
James Matthew WrightOffice of the Federal Public Defender, Petitioner
James Matthew WrightOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent