Isaac John Olivas v. United States
SecondAmendment
1. Federal law bans the possession of fire arms by anyone who has ever been convicted of a crime punishable by more th an one year of imprisonment. 18 U.S.C. § 922(g)(1). How should courts decide whethe r an individual prosecution or conviction under that statute is consistent with th e Second Amendment to the Constitution?
2. Under the prevailing interpretation of the nexus-with-commerce element of the federal possession ban, a former felon possesses "in or affecting commerce" a firearm if the firearm was made in an other state. Does Congress have the constitutional authority to enact such a law?
Whether a federal law banning firearm possession by individuals with prior felony convictions is consistent with the Second Amendment and Congress's constitutional authority to regulate interstate commerce