Supreme Court of the United States · Official docket →
Taylor Dan Truex v. United States
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-50199 · judgment May 28, 2025
Questions presented
Below, petitioner challenged the constitutionality of 18 U.S.C. § 922(g)(1), which makes it a crime for a person convicted of a felony to possess a firearm. He argued that § 922(g)(1)’s permanent disarmament violates the Second Amendment right to keep and bear arms both facially and as applied to him. The court of appeals affirmed. It relied on a tradition of capital punishment and permanent estate forfeiture to hold that § 922(g)(1) is constitutional on its face. For the as-applied challenge, the court of appeals did not analyze whether there is a historical tradition of permanently disarming someone with a non-violent criminal history like petitioner’s. Instead, it relied on a historical tradition of prohibiting people who are serving sentences, such as supervised release, from possessing a firearm—even though § 922(g)(1) does not criminalize the possession of a firearm by someone serving a sentence. The questions presented are:
-
Does § 922(g)(1) violate the Second Amendment facially?
-
To determine the constitutionality of § 922(g)(1) as applied to a defendant, must courts examine whether there is a historical tradition permanently disarming a person with analogous convictions instead of relying on a historical tradition disarming someone serving a sentence?
Counsel of record
For petitioner
Kristin Michelle Kimmelman
Federal Public Defender's Office
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 4 conferences
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.
- Nov 13 2025DISTRIBUTED for Conference of 12/5/2025.
- Nov 07 2025Reply of petitioner Taylor Dan Truex filed.
- Oct 27 2025Memorandum of respondent United States filed.
- Sep 22 2025Motion to extend the time to file a response is granted and the time is extended to and including October 27, 2025.
- Sep 18 2025Motion to extend the time to file a response from September 26, 2025 to October 27, 2025, submitted to The Clerk.
- Aug 25 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 26, 2025)