In Re Michael Albert Focia

QUESTION’(S) PRESENTED usa

1. Does the district court's application of the Gun Control Act, 18 U.S.C. section 921 and following, to apply to private arms sales on the secondary market constitute a clear absence of jurisdiction, violating the statute's text, congressional intent, Supreme Court precedent, and a recent federal injunction supported by the attorneys general of Texas, Louisiana, Mississippi, and Utah, and three gun rights organizations, thus requiring a writ of mandamus to compel dismissal?

2. Whether 18 U.S.C. § 921 (a)(21 )(C) is unlawfully being applied outside the statutory scheme to private sales on the secondary markets allowing Batfe agents, prosecutors and judges to assume “hypothetical jurisdiction” to decide the merits of a case, when there is a clear absence of jurisdiction as congress never gave the courts of limited jurisdiction any delegation of authority over private sales on the secondary market?

3. If the above question is answered in the negative, then did congress violate the fifth amendment’s substantive due process clause by taking the right to dispose of one’s own lawfully owned private property of arms and violate the unconstitutional conditions doctrine?

4. Whether the Gun Control Act of 1968 exceeds federal authority under the Commerce Clause by regulating private, non-commercial secondary-market Page 1 of 5