No. 25-5850

Tremon Staley v. United States

Lower Court: Eleventh Circuit
Docketed: 2025-10-09
Status: Denied
Type: IFP
Response WaivedRelisted (6)IFP
Tags: as-applied-challenge constitutional-review felony-prohibition firearms-possession gun-rights second-amendment
Key Terms:
SecondAmendment
Latest Conference: 2026-01-16 (distributed 6 times)
Question Presented (AI Summary)

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

Question Presented (from Petition)

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.”).

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.
2025-11-04
Rescheduled.
2025-10-30
DISTRIBUTED for Conference of 11/14/2025.
2025-10-28
Waiver of United States of right to respond submitted.
2025-10-28
Waiver of right of respondent United States to respond filed.
2025-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 10, 2025)
2025-08-29
Application (25A244) granted by Justice Thomas extending the time to file until October 7, 2025.
2025-08-27
Application (25A244) to extend the time to file a petition for a writ of certiorari from September 7, 2025 to October 8, 2025, submitted to Justice Thomas.

Attorneys

Tremon Staley
Jonas Holbrook CummingsFederal Defender's Office, M.D. Fla., Petitioner
Jonas Holbrook CummingsFederal Defender's Office, M.D. Fla., Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent