No. 25-6355
Derrick Fitzgerald Dial v. United States
Response WaivedIFP
Tags: as-applied-challenge bruen-test circuit-split felony-restriction firearm-possession second-amendment
Key Terms:
SecondAmendment JusticiabilityDoctri
SecondAmendment JusticiabilityDoctri
Latest Conference:
2026-02-20
Question Presented (from Petition)
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. Dial, who was previously convicted
of non-violent drug and property offenses.
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 criminal histories
Docket Entries
2026-01-15
DISTRIBUTED for Conference of 2/20/2026.
2026-01-12
Waiver of right of respondent United States to respond filed.
2025-12-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 12, 2026)
Attorneys
Derrick Dial
Kristen Leigh Gartman Rogers — Federal Defenders Organization, Petitioner
United States
D. John Sauer — Solicitor General, Respondent