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Jason Daniel Carbajal v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-50107 · judgment June 2, 2025


Certiorari denied · January 20, 2026

Questions presented

Below, Petitioner Jason Daniel Carbajal 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 held that colonial-era laws punished theft severely, so § 922(g)(1) is constitutional as applied to Carbajal, who has a prior aggravated robbery conviction, even though none of his prior convictions involved misuse of a firearm. The questions presented are:

  1. Does § 922(g)(1) violate the Second Amendment facially?

  2. Does § 922(g)(1) violate the Second Amendment as applied to individuals with convictions for offenses that did not involve the misuse of firearms or establish a credible threat of such misuse?

Counsel of record

For petitioner
Kristin Michelle Kimmelman
Federal Public Defender's Office

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 4 conferences

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 14 2025
    Reply of petitioner Jason Daniel Carbajal filed.
  7. Nov 03 2025
    Memorandum of respondent United States filed.
  8. 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.
  9. Sep 26 2025
    Motion to extend the time to file a response from October 3, 2025 to November 3, 2025, submitted to The Clerk.
  10. Aug 29 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 3, 2025)