Heriberto Carbajal-Flores v. United States
1) Whether 18 U.S.C. § 922(g)(5)(A), which prohibits
firearm possession by all unlawfully present
noncitizens, is unconstitutional on its face underthe Second Amendment's text and history,particularly in light of this Court's decision in
New York State Rifle & Pistol Ass'n v. Bruen , 597
U.S. 1 (2022).
2) Whether 18 U.S.C. § 922(g)(5)(A) is subject to asapplied challenges, and if so, whether the
government must demonstrate that the individualis dangerous before disarmament is permissible.
Whether 18 U.S.C. § 922(g)(5)(A), which prohibits firearm possession by unlawfully present noncitizens, is unconstitutional under the Second Amendment's text and in light of Bruen, and whether the government must demonstrate individual dangerousness before disarmament