Supreme Court of the United States · Official docket →
Devin Joe Smith v. United States
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-50622 · judgment September 16, 2025
Question presented
Whether 18 U.S.C. § 922(g)(1), the federal statute that prohibits anyone who has been convicted of “a crime punishable by imprisonment for a term exceeding one year” from possessing a firearm, violates the Second Amendment either facially or as applied to individuals with convictions for non-violent offenses.
Counsel of record
For petitioner
Shane O'Neal
O'Neal Law
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, February 23, 2026 · Certiorari denied
Proceedings
- Feb 23 2026Petition DENIED.
- Jan 15 2026DISTRIBUTED for Conference of 2/20/2026.
- Jan 12 2026Waiver of right of respondent United States to respond filed.
- Dec 15 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2026)