Tremon Staley v. United States
SecondAmendment
Whether 18 U.S.C. § 922(g)(1), the statute permanently prohibiting possession of firearms by persons convicted of a crime punishable by imprisonment for a term exceeding one year, is subject to as-applied challenges under the Second Amendment; Whether § 922(g)(1) is constitutional under the Second Amendment as applied to Mr. Staley, whose prior felonies were themselves nonviolent gun-possession offenses
1. Whether 18 U.S.C. § 922(g)(1) , the statute permanently prohibiting possession of firearms by persons convicted of a crime punishable by imprisonment for a term exceeding one year, is subject to as-applied challenges under the Second Amendment. 2. Whether § 922(g)(1) is constitutional under the Second Amendment as applied to Mr. Stal ey, whose prior felonies were themselves nonviolent gun-possession offenses. 1 The first question in this petiti on raises the same issue as other petitions, including Marshall v. United States , No. 25-5259 (response requested Aug. 19, 2025). The second question is similar to—b ut distinct from—petitions that turn on the availability and scope of an as-applied challenge. See, e.g. , Howard v. United States , No. 25-5220 (response re quested Aug. 19, 2025) (“Whether 18 U.S.C. §922(g)(1) comports with the Second Amendment as applied to a defendant whose most serious prior felony conviction is drug trafficking?”); Vincent v. Bondi , No. 24-1155 (“Whether the Second Amendment allows the federal gove rnment to permanently disarm Petitioner Melynda Vincent, who ha s one seventeen-year-old nonviolent felony conviction for tryi ng to pass a bad check.”).