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
Certiorari denied · February 23, 2026
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
Conference history
Distributed for 1 conference
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)