No. 25-6198

Steven Perez v. United States

Lower Court: Second Circuit
Docketed: 2025-11-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split constitutional-rights firearms-acquisition meaningful-constraint second-amendment statutory-interpretation
Key Terms:
SecondAmendment
Latest Conference: 2026-01-09
Question Presented (from Petition)

Petitioner was convicted of interstate transport and receipt of firearms, in violation of 18 U.S.C. § 922(a)(3), and conspiracy to commit this offense, in violation of 18 U.S.C. § 371. In affirming the judgment of conviction, the Second Circuit held that an individual's "acquisition" of firearms was merely an "ancillary" Second Amendment right. Because this was the case, it adopted and applied a "meaningful constraint" test also used by the Ninth Circuit: "[R]egulations on the means of acquiring, transporting, and storing firearms only implicate the text of the Second Amendment if they meaningfully constrain the right to possess and carry arms." Accordingly, the questions presented are:

Does the Second Amendment presumptively protect an individual's right to acquire firearms?

Is the "meaningful constraint" standard applied by the Second and Ninth Circuits to determine the constitutionality of regulations concerning "ancillary" Second Amendment rights correct?

Question Presented (AI Summary)

Does the Second Amendment presumptively protect an individual's right to acquire firearms? Is the 'meaningful constraint' standard applied by the Second and Ninth Circuits to determine the constitutionality of regulations concerning 'ancillary' Second Amendment rights correct?

Docket Entries

2026-01-12
Petition DENIED.
2025-12-11
DISTRIBUTED for Conference of 1/9/2026.
2025-12-03
Waiver of United States of America of right to respond submitted.
2025-12-03
Waiver of right of respondent United States of America to respond filed.
2025-11-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 22, 2025)

Attorneys

Steven Perez
Kendra HutchinsonFederal Defenders of New York, Inc., Petitioner
United States of America
D. John SauerSolicitor General, Respondent