No. 25-5510

Monte Barry v. United States

Lower Court: Third Circuit
Docketed: 2025-08-29
Status: Denied
Type: IFP
Relisted (4)IFP
Tags: as-applied-challenge constitutional-interpretation felon-possession firearm-restriction historical-tradition second-amendment
Key Terms:
SecondAmendment
Latest Conference: 2026-01-16 (distributed 4 times)
Question Presented (AI Summary)

Whether courts should analyze as-applied Second Amendment challenges to 18 U.S.C. § 922(g)(1) by examining historical tradition for permanently disarming someone based on prior felony conviction

Question Presented (OCR Extract)

Section 922(g)(1) of Title 18 of the United States Code makes it a crime for a person convicted of a felony to possess a firearm at any time thereafter. Petitioner challenged the statute’s constitutionality on the ground that lifetime disarmament based on his legal status as a “felon” unlawfully abridges the Second Amendment right to keep and bear arms. The court of appeals rejected his challenge without resolving the constitutionality of the status offense. It relied instead on the view that the Second Amendment affords no protection to persons, li ke petitioner, who were on parole at the time of allegedly possessin g a gun. The questions presented are: 1. Whether courts should analyze as-applied Second Amendment challenges to 18 U.S.C. § 922(g)(1) by examining whether historical tradition supports permanently disarming someone for the predicate offense(s) underlying the defendant’s conviction. 2. Whether § 922(g)(1), on its fa ce, unconstitutionally abridges the Second Amendment right to keep and bear arms.

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.
2025-11-04
Reply of Monte Barry submitted.
2025-11-04
Reply of petitioner Monte Barry filed.
2025-10-29
Memorandum for the United States in Opposition of United States of America submitted.
2025-10-29
Memorandum of respondent United States filed.
2025-09-29
Motion to extend the time to file a response is granted and the time is extended to and including October 29, 2025.
2025-09-26
Motion of United States of America for an extension of time submitted.
2025-09-26
Motion to extend the time to file a response from September 29, 2025 to October 29, 2025, submitted to The Clerk.
2025-08-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 29, 2025)

Attorneys

Monte Barry
Renee Domenique PietropaoloFederal Public Defender's Office, Petitioner
United States of America
D. John SauerSolicitor General, Respondent