1. Whether 18 U.S.C. § 922(g)(1) is unconstitutional as applied
to a defendant whose prior conviction is not accompanied by any
judicial finding that he poses a present danger to the physical safety of
others, where the Government does not prove that permanently
disarming such individuals is consistent with the Nation's historical
tradition of firearm regulation.
2. Whether a defendant preserves an as-applied constitutional
challenge to § 922(g)(1) for appellate review by filing and litigating a
pretrial motion to dismiss the indictment on Second Amendment
grounds, or whether a court of appeals may treat the claim as forfeited
and apply plain-error review.
Whether 18 U.S.C. § 922(g)(1) is unconstitutional as applied to a defendant whose prior conviction is not accompanied by any judicial finding that he poses a present danger to the physical safety of others, where the Government does not prove that permanently disarming such individuals is consistent with the Nation's historical tradition of firearm regulation, and whether a defendant preserves an as-applied constitutional challenge to § 922(g)(1) for appellate review by filing and litigating a pretrial motion to dismiss the indictment on Second Amendment grounds