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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
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:
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Does § 922(g)(1) violate the Second Amendment facially?
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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
- 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 19 2025DISTRIBUTED for Conference of 12/5/2025.
- Nov 14 2025Reply of petitioner Jason Daniel Carbajal filed.
- Nov 03 2025Memorandum of respondent United States filed.
- Sep 29 2025Motion to extend the time to file a response is granted and the time is extended to and including November 3, 2025.
- Sep 26 2025Motion to extend the time to file a response from October 3, 2025 to November 3, 2025, submitted to The Clerk.
- Aug 29 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 3, 2025)