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Kevin Deane Jones v. United States

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 23-10227 · judgment July 7, 2025


Certiorari denied · November 17, 2025

Questions presented

1

  1. Whether 18 U.S.C. § 922(g)(1), the statute permanently prohibiting possession of firearms by persons convicted of a crime punishable by imprisonment for a term exceeding one year, is subject to as-applied challenges under the Second Amendment.

  2. Whether § 922(g)(1) is constitutional under the Second Amendment as applied to Mr. Jones, who had received a conditional pardon for his prior felony convictions, which were decades old and nonviolent. 1 This first question in this petition raises the same issue as other petitions, including Marshall v. United States, No. 25-5259 (response requested Aug. 19, 2025). The second question is similar to—but distinct from—petitions that turn on the availability and scope of an as-applied challenge. See, e.g., Howard v. United States, No. 25-5220 (response requested Aug. 19, 2025) (“Whether 18 U.S.C. §922(g)(1) comports with the Second Amendment as applied to a defendant whose most serious prior felony conviction is drug trafficking?”); Vincent v. Bondi, No. 24-1155 (“Whether the Second Amendment allows the federal government to permanently disarm Petitioner Melynda Vincent, who has one seventeen-year-old nonviolent felony conviction for trying to pass a bad check.”).

Counsel of record

For petitioner
Katherine Howard
Office of the Federal Defender

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 17 2025
    Petition DENIED.
  2. Oct 30 2025
    DISTRIBUTED for Conference of 11/14/2025.
  3. Oct 28 2025
    Waiver of right of respondent United States to respond filed.
  4. Oct 02 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 6, 2025)