No. 24-6789

Johnell Lavell Barber, II v. United States

Lower Court: Fifth Circuit
Docketed: 2025-03-18
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights criminal-law firearm-possession interstate-commerce second-amendment statutory-interpretation
Key Terms:
SecondAmendment Jurisdiction
Latest Conference: 2025-06-18
Question Presented (AI Summary)

Whether 18 U.S.C. § 922(g)(1) is unconstitutional under the Second Amendment in light of New York State Rifle & Pistol Ass'n, Inc. v. Bruen

Question Presented (from Petition)

1. Whether 18 U.S.C. § 922(g)(1) is unconstitutional under the Second Amendment in light of New York State Rifle & Pistol Ass’n, Inc. v. Bruen , 142 S. Ct. 2111 (2022) . 2. Whether, as a statutory matter, 18 U.S.C. § 922(g)(1) prohibits a person’s present intrastate possession of a firearm or ammunition for the sole reason that the firearm or ammunition previously crossed state lines. 3. Whether Congress may criminalize intrastate possession of a firearm or ammunition solely because they crossed state lines at some point before they came into the defendant’s possession. STATEMENT REGARDING PARTIES TO THE CASE The names of all parties to the case are contained in the caption of the case. Barber Petition for Writ of Certiorari Page iii

Docket Entries

2025-06-23
Petition DENIED.
2025-06-04
DISTRIBUTED for Conference of 6/18/2025.
2025-05-16
Memorandum for the United States in Opposition of United States of America submitted.
2025-05-16
Memorandum of respondent United States filed.
2025-04-15
Motion to extend the time to file a response is granted and the time is extended to and including May 19, 2025.
2025-04-14
Motion of United States of America for an extension of time submitted.
2025-04-14
Motion to extend the time to file a response from April 17, 2025 to May 19, 2025, submitted to The Clerk.
2025-03-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 17, 2025)

Attorneys

Johnell Lavell Barber, II
Ryne Thomas SandelWhalen Law Office, Petitioner
Ryne Thomas SandelWhalen Law Office, Petitioner
United States of America
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent