No. 24-7348

Spencer Wayne Bacon v. United States

Lower Court: Fifth Circuit
Docketed: 2025-06-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: commerce-clause conviction-restriction criminal-statute firearm-possession interstate-commerce second-amendment
Key Terms:
SecondAmendment JusticiabilityDoctri
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether 18 U.S.C. § 922(g)(1) prohibiting firearm possession by persons with prior convictions violates the Second Amendment and the Commerce Clause

Question Presented (OCR Extract)

(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 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. ii

Docket Entries

2025-10-06
Petition DENIED.
2025-07-03
DISTRIBUTED for Conference of 9/29/2025.
2025-06-30
Waiver of United States of America of right to respond submitted.
2025-06-30
Waiver of right of respondent United States of America to respond filed.
2025-05-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 3, 2025)

Attorneys

Spencer Bacon
Scott Andrew MartinFederal Public Defender, Petitioner
Scott Andrew MartinFederal Public Defender, Petitioner
United States of America
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent