Supreme Court of the United States · Official docket →
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
Certiorari denied · January 20, 2026
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
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.