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Joshua Omar Garcia v. United States

IFP petition · United States Court of Appeals for the Tenth Circuit, No. 24-1051 · judgment April 30, 2025


Certiorari denied · January 20, 2026

Questions presented

  1. Whether 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms or ammunition, violates the Second Amendment—either on its face or as applied to the petitioner.

  2. Whether 18 U.S.C. § 922(g)(1), which purports to make a felon’s intrastate possession of firearms and ammunition a federal crime solely because those items crossed state lines at some point, exceeds Congress’s Commerce Clause authority.

Counsel of record

For petitioner
Leah D. Yaffe
Office of the Federal Public Defender

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 4 conferences

Linked docket
25A85

Proceedings

  1. Jan 20 2026
    Petition DENIED.
  2. Jan 12 2026
    DISTRIBUTED for Conference of 1/16/2026.
  3. Jan 05 2026
    DISTRIBUTED for Conference of 1/9/2026.
  4. Dec 08 2025
    DISTRIBUTED for Conference of 12/12/2025.
  5. Nov 19 2025
    DISTRIBUTED for Conference of 12/5/2025.
  6. Nov 03 2025
    Memorandum of respondent United States filed.
  7. Sep 29 2025
    Motion to extend the time to file a response is granted and the time is extended to and including November 3, 2025.
  8. Sep 26 2025
    Motion to extend the time to file a response from October 2, 2025 to November 3, 2025, submitted to The Clerk.
  9. Aug 28 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 2, 2025)
  10. Jul 25 2025
    Application (25A85) granted by Justice Gorsuch extending the time to file until August 28, 2025.
  11. Jul 18 2025
    Application (25A85) to extend the time to file a petition for a writ of certiorari from July 29, 2025 to August 28, 2025, submitted to Justice Gorsuch.