Whether section 922(g)(1)'s lifetime ban for possessing a firearm violates the Second Amendment as applied to Petitioner?

18 U.S.C. § 922(g)(1) makes it unlawful for anyone who has been convicted of a crime punishable by a prison term of more than one year to possess a firearm. There is no time limit on the firearm ban; it is for life. In 2011, Petitioner was convicted of a drug trafficking offense and received a nine year sentence, seven and one half y ears of which was suspended. Twelve years later, Petitioner was arrested after a routine traffic stop when he was found to be in possession of two firearms. He was subsequently indicted , pled guilty and was sentenced to prison for violating section 922(g)(1). The constitutionality of section 922(g)(1) has been called into question since this Court’s decision s in Bruen and Rahimi. The United States Sentencing Commission’s Quick Facts Section on Firearms evinces the national significance of this issue. Since 2019, over 38,000 people have been convicted for 922(g) offenses. The average prison sentence is 68 months. Moreover, of the 8, 040 individuals convicted under 922(g) in 2023, 88.5% were convicted under 922(g)(1). facts/section -922g -firearms. As stated, Petitioner pled guilty to the indictment charging him with violating section 922(g)(1). Section 3E1.1(a) of the United States Sentencing Guidelines now states “[i]f the defendant clearly demonstrates acceptance of responsibility for his offense, decrease the offense level by 2 levels.” A previous version of this Guideline required a defendant to demonstrate acceptance of responsibility for his “criminal conduct.” Petitioner pled guilty to a one count indictment charging him for being a ii convicted felon in possession of two firearms. Petitioner met with the U.S. Probation Office where he readily admitted to his offense; stated he understood the seriousness of it; vowed to never possess a firearm again ; and timely pled guilty . Petitioner thus clearly evinced acceptance of responsibility for his offense. Nevertheless, Petitioner was denied a reduction in his offense level for acceptance of responsibility due to a positive drug test unrelated to his offense of conviction. The record reveals that Petitioner’s mother got him addicted to drugs and that he has struggled with substance abuse since he was 12. Petitioner’s positive drug test, therefore, manifests his addiction and dependence rather than his lack of contrition, which was otherwise demonstrated. But for the district court’s error in denying Petitioner acceptance of responsibility, he would have received a range of 41 51 months. Instead, he received a Guideline range of 57 -71 months and a sentence of 57 months. The question s presented are : 1. Whether section 922(g)(1)’s lifetime ban for possessing a firearm violates the Second Amendment as applied to Petitioner? 2. Can a district court deny a defendant a reduction for acceptance of responsibility when he pleads guilty, cooperates with the U.S. Probation Office but subsequent to his guilty plea test s positive for drugs, conduct which is unrelated to his offense of conviction ? 3. When the plain reading of the Guideline demonstrates that unrelated post plea conduct cannot form the basis for the denial of an acceptance of iii responsibility reduction, can the district court rely upon Guideline commentary to hold otherwise? 4 . Whether denying a defendant a reduction in his sentence for acceptance of responsibility for being an addict runs afoul of this Court’s decision in Robinson? iv REASONS FOR GRANTING THE PETITION Question 1. There is a split of authority among the Circuits regarding whether section 922(g)(1)’s lifetime ban for the possession of a firearm by a felon violates the Second Amendment to the United States Constitution. Questions 2 -4. The Fifth Circuit Court of Appeals’ decision that a defendant can be denied a reduction in his offense level for acceptance of responsibility based on a post plea positive drug test unrelated to his offense of conviction conflicts with prior decisions of the Sixth Circuit Court of Appe