No. 25-5516

Joshua Omar Garcia v. United States

Lower Court: Tenth Circuit
Docketed: 2025-09-02
Status: Denied
Type: IFP
Relisted (4)IFP Experienced Counsel
Tags: None
Key Terms:
SecondAmendment
Latest Conference: 2026-01-16 (distributed 4 times)
Question Presented (from Petition)

1. Whether 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms or ammunition, violates the Second Amendment—either on its face or as applied to the petitioner.

2. Whether 18 U.S.C. § 922(g)(1), which purports to make a felon's intrastate possession of firearms and ammunition a federal crime solely because those items crossed state lines at some point, exceeds Congress's Commerce Clause authority.

Question Presented (AI Summary)

Question not identified.

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.
2025-11-19
DISTRIBUTED for Conference of 12/5/2025.
2025-11-03
Memorandum for the United States in Opposition of United States submitted.
2025-11-03
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 November 3, 2025.
2025-09-26
Motion of United States for an extension of time submitted.
2025-09-26
Motion to extend the time to file a response from October 2, 2025 to November 3, 2025, submitted to The Clerk.
2025-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 2, 2025)
2025-07-25
Application (25A85) granted by Justice Gorsuch extending the time to file until August 28, 2025.
2025-07-18
Application (25A85) to extend the time to file a petition for a writ of certiorari from July 29, 2025 to August 28, 2025, submitted to Justice Gorsuch.

Attorneys

Joshua Garcia
Leah D. YaffeOffice of the Federal Public Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent