No. 25-5607

Dustin Dewayne Gilbert v. United States

Lower Court: Eleventh Circuit
Docketed: 2025-09-11
Status: Denied
Type: IFP
Response WaivedRelisted (6)IFP
Tags: as-applied-challenge circuit-split felony-conviction firearm-possession second-amendment statutory-interpretation
Key Terms:
SecondAmendment JusticiabilityDoctri
Latest Conference: 2026-01-16 (distributed 6 times)
Question Presented (AI Summary)

Whether defendants may assert as-applied challenges to 18 U.S.C. § 922(g)(1) under the Second Amendment and whether the statute's lifetime ban on firearm possession by felons violates the Second Amendment as applied to individuals with non-violent theft convictions

Question Presented (OCR Extract)

1. Whether defendants may assert as-applied challenges to 18 U.S.C. § 922(g)(1) under the Second Amendment. 2. Whether 18 U.S.C. § 922(g)(1)’s lifetime ban on firearm possession by felons violates the Second Amendment as applied to Mr. Gilbert, who was previously convicted of a non-violent theft offense. ii

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.
2025-11-05
DISTRIBUTED for Conference of 11/21/2025.
2025-10-24
Rescheduled.
2025-10-16
DISTRIBUTED for Conference of 11/7/2025.
2025-10-09
Waiver of United States of right to respond submitted.
2025-10-09
Waiver of right of respondent United States to respond filed.
2025-09-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 14, 2025)

Attorneys

Dustin Gilbert
Kristen Leigh Gartman RogersFederal Defenders Organization, Petitioner
Kristen Leigh Gartman RogersFederal Defenders Organization, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent