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 Second Amendment and 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 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.