No. 25-5017

Brant Davis v. United States

Lower Court: Fifth Circuit
Docketed: 2025-07-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: commerce-clause criminal-conviction due-process firearm-possession interstate-commerce second-amendment
Key Terms:
SecondAmendment JusticiabilityDoctri
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether the government may deprive citizens of their Second Amendment rights based on a non-violent prior conviction and whether such prosecution violates the Second Amendment and Commerce Clause

Question Presented (OCR Extract)

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 s 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.

Docket Entries

2025-10-06
Petition DENIED.
2025-07-17
DISTRIBUTED for Conference of 9/29/2025.
2025-07-10
Waiver of United States of right to respond submitted.
2025-07-10
Waiver of right of respondent United States to respond filed.
2025-06-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 1, 2025)

Attorneys

Brant Davis
Rosa Victoria Garcia-CrossFederal Public Defender's Office, Petitioner
Rosa Victoria Garcia-CrossFederal Public Defender's Office, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent