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Jose Antonio Hernandez v. United States
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-50363, 24-50380 · judgment April 21, 2025
Question presented
Whether 18 U.S.C. § 922(g)(1), the federal statute that prohibits anyone who has been convicted of “a crime punishable by imprisonment for a term exceeding one year” from possessing a firearm, violates the Second Amendment either facially or as applied to individuals with prior convictions for non-violent offenses.
Counsel of record
For petitioner
Kristin L. Davidson
Federal Public Defender
For respondent
D. John Sauer
Solicitor General
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 5 conferences
Linked docket
24A1294
Order
Order list, January 20, 2026 · Certiorari denied
Proceedings
- Jan 20 2026Petition DENIED.
- Jan 12 2026DISTRIBUTED for Conference of 1/16/2026.
- Jan 05 2026DISTRIBUTED for Conference of 1/9/2026.
- Dec 08 2025DISTRIBUTED for Conference of 12/12/2025.
- Dec 01 2025DISTRIBUTED for Conference of 12/5/2025.
- Nov 06 2025DISTRIBUTED for Conference of 11/21/2025.
- Nov 05 2025Reply of petitioner Jose Antonio Hernandez filed. (Distributed)
- Oct 22 2025Memorandum of respondent United States filed.
- Sep 19 2025Motion to extend the time to file a response is granted and the time is extended to and including October 22, 2025.
- Sep 18 2025Motion to extend the time to file a response from September 22, 2025 to October 22, 2025, submitted to The Clerk.
- Aug 19 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 22, 2025)
- Jul 02 2025Application (24A1294) granted by Justice Alito extending the time to file until August 19, 2025.
- Jun 26 2025Application (24A1294) to extend the time to file a petition for a writ of certiorari from July 20, 2025 to August 20, 2025, submitted to Justice Alito.