No. 23-7293
Shawn Thomas Borne v. United States
Tags: 2nd-amendment constitutional-challenge criminal-law due-process federal-criminal-law firearm firearm-possession interstate-commerce second-amendment standing statutory-interpretation
Key Terms:
SecondAmendment
SecondAmendment
Latest Conference:
2024-09-30
Question Presented (from Petition)
1. Whether 18 U.S.C. § 922(¢)(1) is unconstitutional under the Second Amendment, both facially and as applied to Mr. Borne, in light of New York State Rifle ¢> Pistol Ass'n, Inc. v. Bruen, 142 §. Ct. 2111 (2022).
2. Whether, as a statutory matter, 18 U.S.C. § 922(g)(1) prohibits a person's present intrastate possession of a firearm or ammunition for the sole reason that the firearm or ammunition previously crossed state lines.
3. Whether Congress may criminalize intrastate possession of a firearm or ammunition solely because they crossed state lines at some point before they came into the defendant's possession.
Question Presented (AI Summary)
Whether 18 U.S.C. § 922(g)(1) is unconstitutional under the Second Amendment
Docket Entries
2024-10-07
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>United States</i> v. <i>Rahimi</i>, 602 U. S. ___ (2024).
2024-08-08
DISTRIBUTED for Conference of 9/30/2024.
2024-07-24
Memorandum For The United States of United States submitted.
2024-07-24
Memorandum of respondent United States filed.
2024-06-12
Motion to extend the time to file a response is granted and the time is further extended to and including July 24, 2024.
2024-06-11
Motion to extend the time to file a response from June 24, 2024 to July 24, 2024, submitted to The Clerk.
2024-05-16
Motion to extend the time to file a response is granted and the time is extended to and including June 24, 2024.
2024-05-15
Motion to extend the time to file a response from May 23, 2024 to June 24, 2024, submitted to The Clerk.
2024-04-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 23, 2024)
2024-03-12
Application (23A830) granted by Justice Gorsuch extending the time to file until April 19, 2024.
2024-03-07
Application (23A830) to extend the time to file a petition for a writ of certiorari from March 20, 2024 to April 19, 2024, submitted to Justice Gorsuch.
Attorneys
Shawn Thomas Borne
Leah D. Yaffe — Office of the Federal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Respondent