No. 25-5790

Kyle Davey v. United States

Lower Court: Tenth Circuit
Docketed: 2025-10-02
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: controlled-substances criminal-law federal-statute firearm-possession statutory-interpretation tenth-circuit
Key Terms:
SecondAmendment JusticiabilityDoctri
Latest Conference: 2025-11-07
Question Presented (AI Summary)

Whether a person can be convicted of possessing a firearm by an 'unlawful user' of a controlled substance under 18 U.S.C. § 922(g)(3) even if no law prohibits the person from using controlled substances?

Question Presented (from Petition)

Whether a person can be convicted of possessing a firearm by an “unlawful user” of a controlled substance under 18 U.S.C. § 922(g)(3) even if no law prohibits the person from using controlled substances? i

Docket Entries

2025-11-10
Petition DENIED.
2025-10-16
DISTRIBUTED for Conference of 11/7/2025.
2025-10-09
Waiver of United States of right to respond submitted.
Main Document
2025-10-09
Waiver of right of respondent United States to respond filed.
Main Document
2025-09-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 3, 2025)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Kyle Davey
Daniel Tyler Hansmeier — Kansas Federal Public Defender's Office, Petitioner
Daniel Tyler Hansmeier — Kansas Federal Public Defender's Office, Petitioner
United States
D. John Sauer — Solicitor General, Respondent
D. John Sauer — Solicitor General, Respondent