Jonathan Garcia v. United States
SecondAmendment JusticiabilityDoctri
Whether the government may deprive citizens of their Second Amendment rights based on a non-violent prior conviction and whether such prosecution violates the Commerce Clause
1. Whether the government may deprive citizens of their Second Amendment rights because they were previously convicted of a non-violent crime. 2. Whether the government’s prosecution of petitioner under 18 U.S.C. § 922(g)(1), based on his non-violent prior conviction for transporting aliens in violation of 8 U.S.C. § 1324, violates the Second Amendment. 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. i