Tramain Deon Price v. United States
SocialSecurity Securities Immigration
I. This Court should use this case to answer the reoccurring, important question whether, when enacting the Unlawful Possession of a Firearm statute (18 U.S.C. ' 922(g)(1), Congress intruded into an area traditionally left to the states= exercise of the police power and exceeded its authority under the Commerce Clause; whether the courts below have contradicted the plain words of the statute, legislative history, and this Court=s holdings in allowing for convictions that do not comport with the statute=s requirements that the possession of the firearm be in or affection interstate commerce or that there be a know ing violation of the statute.
II. Certiorari should be granted to correct the Fifth Circuit =s interpretation of 18 U.S.C. ' 922(g),which is that the statute requires only that the government prove that the defendant possessed a firearm that had been shipped in the unknown past by unknown individual =s unrelated to the defendant or his possession of the firearm, and which contra dicts the plain words of the statute which require that the defendant A ship or transport in interstate commerce, or possess in or affecting commerce. @
III. Certiorari should be granted to correct the Fifth Circuit =s error in reading the statutory scheme as requiring only a knowing possession of a firearm, in contradiction to the plain language of the statute, which requires a knowing violation of 18 U.S.C. ' 922(g) for there to be an offense, the legislative history of the statute ,and this Court =s holdin gs in Bryan v. United States, 524 U.S. 184, 193 (1998), Flores -Figueroa v. United States , 556 U.S. 646 (2009), Staples v. United States, 511 U.S. 600, 618- 19 (1994), McFadden v. United States , 135 S.Ct. 2298 (2015), United States v. X -Citement Video, 513 U.S. 64, 72 (1994); Liparota v. United States , 471 U.S. 419, 423 (1985); Morissette v. United States, 342 U.S. 246, 273 (1952), all of which hold that if the mens rea is Aknowingly, @ the government must prove the defendant had knowledge of the facts that c onstitute the offense?
Whether Congress exceeded its authority under the Commerce Clause in enacting the Unlawful Possession of a Firearm statute