No. 25-6427

Devin Joe Smith v. United States

Lower Court: Fifth Circuit
Docketed: 2025-12-23
Status: Pending
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: constitutional-challenge criminal-conviction firearm-possession non-violent-offense second-amendment statutory-interpretation
Key Terms:
SecondAmendment JusticiabilityDoctri
Latest Conference: 2026-02-20
Question Presented (from Petition)

Whether 18 U.S.C. § 922(g)(1), the federal statute that prohibits anyone who has been convicted of "a crime punishable by imprisonment for a term exceeding one year" from possessing a firearm, violates the Second Amendment either facially or as applied to individuals with convictions for non-violent offenses.

Question Presented (AI Summary)

Whether 18 U.S.C. § 922(g)(1), the federal statute that prohibits anyone who has been convicted of 'a crime punishable by imprisonment for a term exceeding one year' from possessing a firearm, violates the Second Amendment either facially or as applied to individuals with convictions for non-violent offenses

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.
2025-12-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2026)

Attorneys

Devin Smith
Shane O'NealO'Neal Law, Petitioner
United States
D. John SauerSolicitor General, Respondent