Matthew Ryan Hunt v. United States
SecondAmendment JusticiabilityDoctri
Whether defendants are precluded from asserting as-applied challenges to 18 U.S.C. § 922(g)(1) under the Second Amendment, or whether such challenges remain available to defendants
The questions presented are: 1. Whether defendants are precluded from asserting as-applied challenges to 18 U.S.C. § 922(g)(1) under the Second Amendment, as the Fourth, Eighth, and Tenth Circuits hold, or whether as-applied Second Amendment challenges to § 922(g)(1) remain available to defendants, as the Third, Fifth, and Sixth Circuits hold. 2. Whether 18 U.S.C. § 922(g)(1)’s lifetime ban of firearm possession for all individuals previously convicted of a crime punishable by more than one year in any jurisdiction violates the Second Amendment, either facially or as applied to the appellant, Matthew Hunt, who was previously convicted of a non-violent theft offense; namely, West Virginia breaking and entering a non-dwelling under W. Va. Code § 61-3-12.