No. 25-5421

Jose Antonio Hernandez v. United States

Lower Court: Fifth Circuit
Docketed: 2025-08-21
Status: Denied
Type: IFP
Relisted (5)IFP Experienced Counsel
Tags: constitutional-rights criminal-conviction federal-law firearms-possession second-amendment statutory-interpretation
Key Terms:
SecondAmendment JusticiabilityDoctri
Latest Conference: 2026-01-16 (distributed 5 times)
Question Presented (AI Summary)

Whether 18 U.S.C. § 922(g)(1) violates the Second Amendment for individuals with prior non-violent criminal convictions

Question Presented (OCR Extract)

Whether 18 U.S.C. § 922(g)(1) , the federal statute that prohibits anyone who has been convicted of “a crime punishable by imprisonment for a term exceeding one year” from possessing a firearm, violates the Second Amendment either facially or as applied to individuals with prior convictions for non-violent offenses .

Docket Entries

2026-01-20
Petition DENIED.
2026-01-12
DISTRIBUTED for Conference of 1/16/2026.
2026-01-05
DISTRIBUTED for Conference of 1/9/2026.
2025-12-08
DISTRIBUTED for Conference of 12/12/2025.
2025-12-01
DISTRIBUTED for Conference of 12/5/2025.
2025-11-06
DISTRIBUTED for Conference of 11/21/2025.
2025-11-05
Reply of Jose Antonio Hernandez submitted.
2025-11-05
Reply of petitioner Jose Antonio Hernandez filed. (Distributed)
2025-10-22
Memorandum of respondent United States filed.
2025-09-19
Motion to extend the time to file a response is granted and the time is extended to and including October 22, 2025.
2025-09-18
Motion of United States for an extension of time submitted.
2025-09-18
Motion to extend the time to file a response from September 22, 2025 to October 22, 2025, submitted to The Clerk.
2025-08-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 22, 2025)
2025-07-02
Application (24A1294) granted by Justice Alito extending the time to file until August 19, 2025.
2025-06-26
Application (24A1294) to extend the time to file a petition for a writ of certiorari from July 20, 2025 to August 20, 2025, submitted to Justice Alito.

Attorneys

Jose Antonio Hernandez
Kristin L. DavidsonFederal Public Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent