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Jorge L. Medina v. William P. Barr, Attorney General

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 17-5248 · judgment January 18, 2019


Certiorari denied · December 9, 2019
Pre-decision estimate: 15% cert probability (95% interval 9%–22%)

Before the decision, about 3.6× the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, counsel with five or more prior petitions here, and a circuit split argued in the petition.

Question presented

Nearly thirty years ago, Jorge Medina was convicted of one felony count of making a false statement to a lending institution in violation of 18 U.S.C. § 1014. Medina was not imprisoned. The bank sustained no loss, and would resume doing business with him. Medina is a successful entrepreneur and family man, with no record of violence. Yet on account of his single false statement conviction, 18 U.S.C. § 922(g)(1) permanently bars Medina’s possession of firearms. The Third, Seventh, and D.C. Circuits hold that individuals convicted of felonies may challenge the application of firearm dispossession laws under the Second Amendment, although the basis for such challenges remains disputed. The First, Eighth, and Ninth Circuits have expressed openness to such challenges, while the Fourth and Tenth Circuits bar them. The D.C. Circuit below reiterated that as-applied challenges to felony firearm dispossession laws are theoretically possible, but rejected Medina’s claim for such relief. The question presented is: Whether the Second Amendment secures Jorge Medina’s right to possess arms, notwithstanding his conviction for making a false statement to a lending institution 29 years ago.

Counsel of record

For petitioner
Alan Gura
Institute for Free Speech

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
18A1273

Proceedings

  1. Dec 09 2019
    Petition DENIED.
  2. Nov 20 2019
    DISTRIBUTED for Conference of 12/6/2019.
  3. Nov 19 2019
    Reply of petitioner Jorge L. Medina filed.
  4. Nov 04 2019
    Brief of respondent Barr, Att'y Gen. in opposition filed.
  5. Oct 01 2019
    Brief amici curiae of Firearms Policy Coalition, et al. filed.
  6. Sep 25 2019
    Motion to extend the time to file a response is granted and the time is extended to and including November 4, 2019.
  7. Sep 24 2019
    Motion to extend the time to file a response from October 4, 2019 to November 4, 2019, submitted to The Clerk.
  8. Aug 30 2019
    Petition for a writ of certiorari filed. (Response due October 4, 2019)
  9. Jun 08 2019
    Application (18A1273) granted by The Chief Justice extending the time to file until August 30, 2019.
  10. May 30 2019
    Application (18A1273) to extend the time to file a petition for a writ of certiorari from July 1, 2019 to August 30, 2019, submitted to The Chief Justice.