Demarcus Deon Staples v. United States
SecondAmendment
I. Mr. Staples pleaded guilty to violating 18 U.S.C. § 922( g)(1), which criminalizes the possession of a firearm by anyone previously convicted for a felony offense . He then attacked the statute of conviction as unconstitutional on appeal . Applying the plain -error stan dard of review, th e Fifth Circuit declared the error alleged to be insufficiently clear. To support the point, it noted a circuit split on the question of § 922( g)(1)'s constitutionality. That split turns on whether § 922(g)(1) is sufficiently similar to Founding Era surety laws and other laws disarming groups perceived to be dangerous. Those same arguments are now before the Court in United States v. Rahimi , No. 22 -915.
The question presented is:
Whether a ruling in Mr. Rahimi's favor would affect the Fifth Circuit's plain -error analysis concerning the constitutionality of § 922( g)(1).
Whether a ruling in Mr. Rahimi's favor would affect the Fifth Circuit's plain-error analysis concerning the constitutionality of § 922(g)(1)