No. 25-184

Deamonte Law v. United States

Lower Court: Third Circuit
Docketed: 2025-08-15
Status: Denied
Type: Paid
Tags: as-applied-challenge circuit-split constitutional-review firearm-regulation historical-tradition second-amendment
Key Terms:
SecondAmendment
Latest Conference: 2025-11-14
Question Presented (AI Summary)

Does the Second Amendment allow for an 'as applied' challenge to the constitutionality of Section 922(g)(1)'s lifetime ban?

Question Presented (OCR Extract)

This Court’s decisions in N.Y. State Rifle & Pistol Ass’n v. Bruen , 597 U.S. 1 (2022) and United States v. Rahimi , 602 U.S. 680 (2024), require our district courts to engage in a history -based analysis when deciding whether a firearm regulation is part of the historical tradition that sets the outer boundaries of the right to keep and bear arms. To make this determination, a district court must determine whether the challenger or conduct at issue is protected by the Second Amendment and, if so, whether the Government has presented sufficient historical analogues to justify the restriction. Here, the Third Circuit addressed Petitioner’s as-applied challenge to the lifetime ban under 18 U.S.C. §922(g)(1). In doing so, it solidified the division amongst our circuit courts on whether that argument can even be made. The question presented is: Does the Second Amendment allow for an “as applied” challenge to the constitutionality of Section 922(g)(1)’s lifetime ban?

Docket Entries

2025-11-17
Petition DENIED.
2025-10-29
DISTRIBUTED for Conference of 11/14/2025.
2025-10-15
Memorandum for the United States in Opposition of United States submitted.
2025-10-15
Memorandum of respondent United States filed.
2025-09-12
Motion to extend the time to file a response is granted and the time is extended to and including October 15, 2025.
2025-09-11
Motion of United States for an extension of time submitted.
2025-09-11
Motion to extend the time to file a response from September 15, 2025 to October 15, 2025, submitted to The Clerk.
2025-07-31
Petition for a writ of certiorari filed. (Response due September 15, 2025)
2025-06-25
Application (24A1267) granted by Justice Alito extending the time to file until July 31, 2025.
2025-06-17
Application (24A1267) to extend the time to file a petition for a writ of certiorari from July 1, 2025 to August 30, 2025, submitted to Justice Alito.

Attorneys

Deamonte Law
David Brian ChontosChontos & Chontos, P.C., Petitioner
David Brian ChontosChontos & Chontos, P.C., Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent