Supreme Court of the United States · Official docket →
Tremon Staley v. United States
IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 24-11503 · judgment June 9, 2025
Questions presented
1
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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.
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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
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.
- Dec 01 2025DISTRIBUTED for Conference of 12/5/2025.
- Nov 05 2025DISTRIBUTED for Conference of 11/21/2025.
- Nov 04 2025Rescheduled.
- Oct 30 2025DISTRIBUTED for Conference of 11/14/2025.
- Oct 28 2025Waiver of right of respondent United States to respond filed.
- Oct 07 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 10, 2025)
- Aug 29 2025Application (25A244) granted by Justice Thomas extending the time to file until October 7, 2025.
- Aug 27 2025Application (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.