No. 25-5017

Brant Davis v. United States

Lower Court: Fifth Circuit
Docketed: 2025-07-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: commerce-clause criminal-conviction due-process firearm-possession interstate-commerce second-amendment
Latest Conference: 2025-09-29
Question Presented (from Petition)

1. Whether the government may deprive citizens of their Second Amendment rights because they were previously convicted of a non-violent crime.

2. Whether the government's prosecution of petitioner under 18 U.S.C. § 922(g)(1) based on his non-violent prior conviction s violates the Second Amendment.

3. Whether application of 18 U.S.C. § 922(g)(1) to petitioner violated the Commerce Clause where the only proof of a nexus between his firearm possession and interstate commerce consisted of the fact that the firearm had crossed a state line at some point before coming into petitioner's possession.

Question Presented (AI Summary)

Whether the government may deprive citizens of their Second Amendment rights based on a non-violent prior conviction and whether such prosecution violates the Second Amendment and Commerce Clause

Docket Entries

2025-10-06
Petition DENIED.
2025-07-17
DISTRIBUTED for Conference of 9/29/2025.
2025-07-10
Waiver of United States of right to respond submitted.
2025-07-10
Waiver of right of respondent United States to respond filed.
2025-06-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 1, 2025)

Attorneys

Brant Davis
Rosa Victoria Garcia-CrossFederal Public Defender's Office, Petitioner
United States
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent