No. 22-6993

Kenneth Ray Carlyle, Jr. v. United States

Lower Court: Fourth Circuit
Docketed: 2023-03-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: commerce-clause constitutional-rights ex-convict-firearms felons interstate-commerce right-to-bear-arms sawed-off-shotguns second-amendment strict-liability
Key Terms:
SecondAmendment DueProcess FifthAmendment FourthAmendment Punishment JusticiabilityDoctri
Latest Conference: 2023-04-14
Question Presented (from Petition)

1. Whether A Hiéterical Analysis of the Second Amendment Reveals
. 'Felons Armed With Sawed-Off Shotguns Guarding Other Felons The Right of
Property In Keeping and Bearing Arms Is Distinctly and Affirmed In-the 2d
Amendment To All Persons Born In The United States of America Including ExConvict Citizeis Especially Those Who did Not Use Any Firearms To Commit
The Prior Offense(s)?

2. Whether The Power To Regulate Commerce Include The Power To
Ginvértcthe Free Exercise of an Unalieable Right Into A Crime?

3. Petitioner's Substantial Rights Were Affected Sufficient Enough
to Merit Reversal Under Rule 52(b) Plain Error Standard Where the Jury Was
Not Instructed to Find that the Firearm Petitioner Allegedly Possessed
. Had been Shipped or transported In Interstate Commerce Due to Fact That
Reheaif v. United States, 139 S.Ct. 2191(2019) Was Decided After Petitioner
. Was Convicted And Creer v, United States, 141 S.Ct. 2090(2021) Did Not .
Address Whether Government Wad To" PEOve befendant Khew Firearm He Allegedly
Possessed Had Been Shipped Or Transported In Interstate or Foreign Commerce
As An Essential Element of the § 922(g) Offense?

4. Whether 922(g)'s Implied Constructive Possession Provision Is
An Unconstitutional Strict Liability Provision Which Requires Saly That A- :
Defendant Voluntarily Be In A Motor Vehicle Or Other Place When He Knows
That A Firearm Is The Same As The D.C. Code § 22-2511 Statute Declared
Unconstitutional In Conley v. United States, 79 A.3d 270(D.C. 2013 D.C.)

5. Whether The Constitution Guarantees All Citizens The Right To .
Keep And Bear And Arms Except Those Who Use Those Arms In A Manner As To :
' ' Terrify Other Citizens Unnecessarily Or Those' Who Take Arms Against The
. United States or State In A Manner Prohibited By 14th Amendment § 3?

6. Prohibs tion Whether Bo.U15265,8 027 ¢B) Viphates, 5th & 8th es 0° Punish
The Accused for thei Exercise of A Clearly Written Constitutional Right?

Question Presented (AI Summary)

Whether the Second Amendment protects the right of felons to possess sawed-off shotguns

Docket Entries

2023-04-17
Petition DENIED.
2023-03-23
DISTRIBUTED for Conference of 4/14/2023.
2023-03-15
Waiver of right of respondent United States to respond filed.
2023-01-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2023)

Attorneys

Kenneth Carlyle
Kenneth Ray Carlyle Jr. — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent