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Nathan Bermea v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 25-50046 · judgment October 23, 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 prior convictions for non-violent offenses. RELATED PROCEEDINGS United States District Court for the Western District of Texas: United States v. Nathan Bermea, No. 7:24-cr-134-1 (Jan. 21, 2025) (judgment of conviction) United States Court of Appeals for the Fifth Circuit: United States v. Nathan Bermea, No. 25-50046 (Oct. 23, 2025)

Counsel of record

For petitioner
Kristin Michelle Kimmelman
Federal Public Defender's Office

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 23 2026
    Petition DENIED.
  2. Jan 29 2026
    DISTRIBUTED for Conference of 2/20/2026.
  3. Jan 26 2026
    Waiver of right of respondent United States of America to respond filed.
  4. Jan 20 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 23, 2026)