No. 25-6368

Luis Garza-Gomez v. United States

Lower Court: Fifth Circuit
Docketed: 2025-12-15
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: constitutional-challenge felony-disarmament firearm-possession plain-error-review second-amendment statutory-interpretation
Key Terms:
SecondAmendment JusticiabilityDoctri
Latest Conference: 2026-01-16
Question Presented (from Petition)

Petitioner Luis Garza-Gomez challenged the constitutionality of 18 U.S.C. § 922(g)(1), which makes it a crime for a person convicted of a felony to possess a firearm. He argued that § 922(g)(1)'s permanent disarmament violates the Second Amendment right to keep and bear arms. The court of appeals affirmed on plain-error review, citing United States v. Diaz, 116 F.4th 458, 472 (5th Cir. 2024), cert. denied, 145 S. Ct. 2822 (2025). In Diaz, the Fifth Circuit relied on a tradition of capital punishment and permanent estate forfeiture to hold that § 922(g)(1) is constitutional on its face. The question presented is does § 922(g)(1) violate the Second Amendment?

Question Presented (AI Summary)

Does 18 U.S.C. § 922(g)(1)'s permanent disarmament of felons violate the Second Amendment?

Docket Entries

2026-01-20
Petition DENIED.
2025-12-31
DISTRIBUTED for Conference of 1/16/2026.
2025-12-22
Waiver of United States of right to respond submitted.
2025-12-22
Waiver of right of respondent United States to respond filed.
2025-12-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 14, 2026)

Attorneys

Luis Garza-Gomez
Judy Fulmer MadewellFederal Public Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent