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Luis Garza-Gomez v. United States
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-50914 · judgment September 12, 2025
Question presented
Petitioner Luis Garza-Gomez challenged the constitutionality of 18 U.S.C. § 922(g)(1), which makes it a crime for a person convicted of a felony to possess a firearm. He argued that § 922(g)(1)’s permanent disarmament violates the Second Amendment right to keep and bear arms. The court of appeals affirmed on plain-error review, citing United States v. Diaz, 116 F.4th 458, 472 (5th Cir. 2024), cert. denied, 145 S. Ct. 2822 (2025). In Diaz, the Fifth Circuit relied on a tradition of capital punishment and permanent estate forfeiture to hold that § 922(g)(1) is constitutional on its face. The question presented is does § 922(g)(1) violate the Second Amendment?
Counsel of record
For petitioner
Judy Fulmer Madewell
Federal Public Defender
For respondent
D. John Sauer
Solicitor General
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, January 20, 2026 · Certiorari denied
Proceedings
- Jan 20 2026Petition DENIED.
- Dec 31 2025DISTRIBUTED for Conference of 1/16/2026.
- Dec 22 2025Waiver of right of respondent United States to respond filed.
- Dec 11 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 14, 2026)