No. 25-5339

David Keith Nutter v. United States

Lower Court: Fourth Circuit
Docketed: 2025-08-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-law firearm-regulation historical-analogues misdemeanor-conviction second-amendment
Latest Conference: 2025-09-29
Question Presented (from Petition)

1. Whether § 922(g)(9) runs afoul of the Second Amendment, facially and as-applied, where (a) ambiguous historical regulation of generalized "dangerousness" justifies the "why," (b) the relevant proxy for such "dangerousness" is a misdemeanor conviction categorically requiring no more than reckless non consensual touching to establish use of physical force as an element, and (c) the statute exacts the much greater burden than any referenced historical analogues in Rahimi by permanently disarming citizens who sustained such convictions.

2. Whether the Fourth Circuit erred by concluding that Nutter's as applied challenge to § 922(g)(9) had been waived.

Question Presented (AI Summary)

Whether a federal statute permanently disarming individuals with certain misdemeanor convictions violates the Second Amendment under the historical analogues test established in Rahimi

Docket Entries

2025-10-06
Petition DENIED.
2025-08-28
DISTRIBUTED for Conference of 9/29/2025.
2025-08-21
Waiver of right of respondent United States to respond filed.
2025-08-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 12, 2025)

Attorneys

David Nutter
Lex Alan ColemanOffice of the Federal Public Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent