No. 25A731

Michael Thomas McCowan v. United States

Lower Court: Fifth Circuit
Docketed: 2025-12-22
Status: Application
Type: A
Tags: 922(g)(1) constitutional-challenge criminal-conviction firearm-possession second-amendment supervised-release
Latest Conference: N/A
Question Presented (AI Summary)

Whether a conviction for a § 922(g)(1) offense that bars firearm possession for individuals with prior criminal records violates the Second Amendment when applied to a defendant on supervised release

Question Presented (OCR Extract)

No question identified. : 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 an individual whose predicate conviction according to the criminal complaint was for a prior § 922(g)(1) offense. The court of appeals upheld petitioner’s conviction, citing its precedent that §922(g)(1) can be constitutionally applied to defendants still on supervised release at the time of the § 922(g)(1) offense. This case presents an important issue concerning the scope of a fundamental right that has divided the courts of appeals. An extension of the deadline to file a petition for certiorari will enable petitioner to thoroughly brief the matter so that this Honorable Court has as full a picture of the current legal landscape as possible. For these reasons, petitioner respectfully requests that an order be entered extending his time to petition for certiorari in the above-captioned case to and including March 5, 2026. Respectfully submitted. SHANNON LOCKE State Bar No. 24048623 15600 San Pedro Avenue, Suite 105 San Antonio, Texas 78232 Tel: 210-229-8300 Fax: 210-229-8301 Counsel for Petitioner CERTIFICATE OF SERVICE Thereby certify that on this the December 17, 2025, have served a copy of the enclosed Application for Extension of Time to File a Petition for Writ of Certiorari on all parties required to be served by enclosing a copy of each in an envelope and delivering it to United States Postal Service for delivery within three calendar days to: Solicitor General of the United States U.S. Department of Justice 950 Pennsylvania Avenue NW, Room 5614 Washington, D.C. 20530 /s/ SHANNON LOCKE Shannon Locke

Docket Entries

2025-12-23
Application (25A731) granted by Justice Alito extending the time to file until February 3, 2026.
2025-12-17
Application (25A731) to extend the time to file a petition for a writ of certiorari from January 4, 2026 to March 5, 2026, submitted to Justice Alito.

Attorneys

Michael McCowan
Shannon Willis LockeThe Locke Law Group, Petitioner
United States
D. John SauerSolicitor General, Respondent