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Tremon Staley v. United States

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 24-11503 · judgment June 9, 2025


Certiorari denied · January 20, 2026

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. Staley, whose prior felonies were themselves nonviolent gun-possession offenses. 1 The 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
Jonas Holbrook Cummings
Federal Defender's Office, M.D. Fla.

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 6 conferences

Linked docket
25A244

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. Dec 01 2025
    DISTRIBUTED for Conference of 12/5/2025.
  6. Nov 05 2025
    DISTRIBUTED for Conference of 11/21/2025.
  7. Nov 04 2025
    Rescheduled.
  8. Oct 30 2025
    DISTRIBUTED for Conference of 11/14/2025.
  9. Oct 28 2025
    Waiver of right of respondent United States to respond filed.
  10. Oct 07 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 10, 2025)
  11. Aug 29 2025
    Application (25A244) granted by Justice Thomas extending the time to file until October 7, 2025.
  12. Aug 27 2025
    Application (25A244) to extend the time to file a petition for a writ of certiorari from September 7, 2025 to October 8, 2025, submitted to Justice Thomas.