Tremon Staley v. United States

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.”).