No. 25-5481

Isaac John Olivas v. United States

Lower Court: Fifth Circuit
Docketed: 2025-08-27
Status: Denied
Type: IFP
Relisted (4)IFP Experienced Counsel
Tags: constitutional-authority federal-law felony-conviction firearm-possession interstate-commerce second-amendment
Key Terms:
SecondAmendment
Latest Conference: 2026-01-16 (distributed 4 times)
Question Presented (AI Summary)

Whether a federal law banning firearm possession by individuals with prior felony convictions is consistent with the Second Amendment and Congress's constitutional authority to regulate interstate commerce

Question Presented (from Petition)

1. Federal law bans the possession of fire arms by anyone who has ever been convicted of a crime punishable by more th an one year of imprisonment. 18 U.S.C. § 922(g)(1). How should courts decide whethe r an individual prosecution or conviction under that statute is consistent with th e Second Amendment to the Constitution? 2. Under the prevailing interpretation of the nexus-with-commerce element of the federal possession ban, a former felon possesses “in or affecting commerce” a firearm if the firearm was made in an other state. Does Congress have the constitutional authority to enact such a law? DIRECTLY

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.
2025-11-13
DISTRIBUTED for Conference of 12/5/2025.
2025-10-27
Memorandum for the United States in Opposition of United States submitted.
2025-10-27
Memorandum of respondent United States filed.
2025-09-22
Motion to extend the time to file a response is granted and the time is extended to and including October 27, 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 26, 2025 to October 27, 2025, submitted to The Clerk.
2025-08-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 26, 2025)

Attorneys

Isaac John Olivas
James Matthew WrightOffice of the Federal Public Defender, Petitioner
James Matthew WrightOffice of the Federal Public Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent