No. 25-6403

Miguel Abreu v. United States

Lower Court: Second Circuit
Docketed: 2025-12-18
Status: Pending
Type: IFP
Response WaivedIFP
Tags: constitutional-challenge criminal-statute felony-possession gun-rights permanent-disarmament second-amendment
Key Terms:
SecondAmendment
Latest Conference: 2026-02-20
Question Presented (AI Summary)

Whether 18 U.S.C. § 922(g)(1) is unconstitutional as a permanent disarmament of citizens with prior felony convictions under the Second Amendment

Question Presented (OCR Extract)

Petitioner Miguel Abreu possessed a gun only because, during a dispute, he disarmed another person and then retreated. Because he had two prior felony convictions, he was charged and convicted of violating 18 U.S.C. § 922(g)(1). The question presented is whet her 18 U.S.C. § 922(g)(1) is unconstitutional on its face or as applied to Mr. Abreu because, consistent with the Second Amendment, the federal government may not permanently disarm citizens like him, preventing them from defending themselves.

Docket Entries

2026-01-15
DISTRIBUTED for Conference of 2/20/2026.
2026-01-12
Waiver of right of respondent United States of America to respond filed.
2025-12-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 20, 2026)

Attorneys

Miguel Abreu
Allegra GlashausserFederal Defenders of New York, Petitioner
Allegra GlashausserFederal Defenders of New York, Petitioner
Allegra GlashausserFederal Defenders of New York, Petitioner
United States of America
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent