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David Robinson, Jr. v. United States
IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 23-12551 · judgment March 20, 2025
Questions presented
Petitioner David Robinson Jr. was convicted under 26 U.S.C. §§5861(d), 5871, and 5841—sections of the National Firearms Act that impose criminal penalties of up to 10 years’ imprisonment for possessing a shortbarreled rifle not registered by the transferor of the rifle. As the transferee, Robinson was not responsible for paying the $200 fee required to register the rifle. The constitutional foundation justifying the federal criminalization of his conduct is Congress’s power to tax under Article I, section 8, clause 1 of the Constitution. The important federal questions presented are:
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Whether federal criminal punishment of the possession of an unregistered short-barreled rifle violates the Second Amendment.
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Whether federal criminal punishment of the possession of an unregistered short-barreled rifle exceeds Congress’s power to tax under Article I, section 8, clause 1 of the Constitution and violates the Tenth Amendment.
Counsel of record
For petitioner
Matthew D. Cavender
Office of the Federal Defender (MDFL)
For respondent
D. John Sauer
Solicitor General
Proceedings
- Dec 15 2025Petition DENIED.
- Nov 25 2025DISTRIBUTED for Conference of 12/12/2025.
- Oct 31 2025Reply of petitioner David Robinson, Jr. filed.
- Oct 20 2025Brief of respondent United States in opposition filed.
- Sep 19 2025Brief amicus curiae of Robert M. Miller, PH.D filed.
- Sep 19 2025Brief amici curiae of Gun Owners of America, et al. filed.
- Sep 12 2025Motion to extend the time to file a response is granted and the time is extended to and including October 20, 2025.
- Sep 11 2025Motion to extend the time to file a response from September 19, 2025 to October 20, 2025, submitted to The Clerk.
- Aug 20 2025Response Requested. (Due September 19, 2025)
- Aug 12 2025Brief amici curiae of Second Amendment Foundation, et al. filed. (Distributed)
- Aug 07 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 30 2025Waiver of right of respondent United States of America to respond filed.
- Jul 16 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 18, 2025)
- Jun 02 2025Application (24A1183) granted by Justice Thomas extending the time to file until July 18, 2025.
- May 07 2025Application (24A1183) to extend the time to file a petition for a writ of certiorari from June 18, 2025 to July 18, 2025, submitted to Justice Thomas.