Dajavan Speaks v. United States

Dajavan Speaks is a gainfully employed young man with a singular non-violent underlying conviction for gun possession. A victim of a prior drive-by shooting, he had a readily understandable self-defense interest at the time of his arrest for the underlying conviction and his current conviction. His best friend was killed at that time and he and his cousin were injured. He has no juvenile criminal record, no gang affiliation, no drug convictions, was not subject to supervision or a restraining order at the time of his arrest. He had never been charged with using a gun in any way, only with the possession of one. He challenges the constitutionality of § 922(g)(1) as applied to him, and the questions presented are as follows:

1. Is § 922(g)(1) unconstitutional as applied to an individual when he was a victim of a drive by shooting and has been convicted of a non-violent predicate offense, completed his sentence, and is not under supervision?

2. Whether a certificate of appealability should be issued to examine whether 18 U.S.C. § 922(g)(1), as applied in this instance, violates the Second Amendment when reasonable jurists could disagree with the District Court’s decision? RELATED PROCEEDINGS United States District Court for the Eastern District of Pennsylvania: United States v. Dajavan Speaks, No. 2:22-cr-00154-MAK (Mar. 28, 2024) United States Court of Appeals for the Third Circuit: United States v. Dajavan Speaks, No. 24-1968 (Feb. 20, 2025)