Luis Garza-Gomez v. United States

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?