No. 25-5347

Daniel Lee Lusk, Jr. v. United States

Lower Court: Fifth Circuit
Docketed: 2025-08-13
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: constitutional-challenge criminal-statute firearms-possession gun-rights interstate-commerce second-amendment
Key Terms:
SecondAmendment
Latest Conference: 2025-11-14
Question Presented (AI Summary)

Whether 18 U.S.C. §922(g)(1) comports with the Second Amendment and whether 18 U.S.C. §922(g) permits conviction for firearm possession that has crossed state lines

Question Presented (from Petition)

I. Whether 18 U.S.C. §922( g)(1) comports with the Second Amendment? II. Whether 18 U.S.C. §922(g) permits conviction for the possession of any firearm that has ever crossed state lines at any time in the indefinite past, and, if so, if it is facially unconstitutional?

Docket Entries

2025-11-17
Petition DENIED.
2025-10-30
DISTRIBUTED for Conference of 11/14/2025.
2025-10-14
Memorandum For The United States In Opposition of United States of America submitted.
2025-10-14
Memorandum of respondent United States filed.
2025-09-09
Motion to extend the time to file a response is granted and the time is extended to and including October 14, 2025.
2025-09-08
Motion of United States of America for an extension of time submitted.
2025-09-08
Motion to extend the time to file a response from September 12, 2025 to October 14, 2025, submitted to The Clerk.
2025-08-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 12, 2025)

Attorneys

Daniel Lusk, Jr.
Christy Posnett MartinFederal Public Defender-Northern District of Texas, Petitioner
Christy Posnett MartinFederal Public Defender-Northern District of Texas, Petitioner
United States of America
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent