Whether after Bruen and Rahimi, a criminal defendant may raise an as-applied Second Amendment challenge to 18 U.S.C. § 922(g)(1) and if so, whether the statute is unconstitutional as applied to a defendant with only non-violent priors

QUESTIONS PRESENTED (1) Whether after New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022) and United States v. Rahimi, 602 U.S. __, 144 U.S. 144 S.Ct. 1889 (2024), a criminal defendant may raise an as-applied Second Amendment challenge to 18 U.S.C. § 922(g)(1). (2) If so, whether under the Bruen/Rahimi methodology, the Second Amendment is unconstitutional as applied to a defendant like Petitioner with only non-violent priors. i INTERESTED PARTIES Pursuant to Sup. Ct. R. 14.1(b)(i), Mr. Whitaker submits that there are no