SecondAmendment DueProcess FifthAmendment JusticiabilityDoctri
Whether 18 U.S.C. § 922(g)(1) violates the Second Amendment and Due Process Clause by prohibiting firearm possession for individuals with prior convictions
(1) Whether 18 U.S.C. § 922(g)(1)—the statute that prohibits firearm possession by any person who was previously convicted of “a crime punishable by imprisonment for a term exceeding one year”—violates the Second Amendment. (2) Whether 18 U.S.C. § 922(g)(1) violates the Fifth Amendment Due Process Clause because it burdens the fundamental right of firearms possession and is not narrowly tailored to achieve any compelling government interest. (3) Whether application of 18 U.S.C. § 922(g)(1) to petitioner violated the Commerce Clause where the only proof of a nexus between his firearm possession and interstate commerce consisted of the fact that the firearm had crossed a state line at some point before coming into petitioner’s possession.