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Terry Dee Hensley v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-10509 · judgment January 13, 2026


Certiorari denied · June 8, 2026

Questions presented

  1. Federal law bans the possession of firearms by anyone who has ever been convicted of a crime punishable by more than one year of imprisonment. 18 U.S.C. § 922(g)(1). How should courts decide whether an individual prosecution or conviction under that statute is consistent with the Second Amendment to the Constitution? 2. Under the prevailing interpretation of the nexus-with-commerce element of the federal possession ban, a former felon possesses “in or affecting commerce” a firearm if the firearm was made in another state. Does Congress have the constitutional authority to enact such a law? PARTIES TO THE PROCEEDING Petitioner is Terry Dee Hensley, an individual, who was Defendant-Appellant below. Respondent is the United States of America, who was Plaintiff-Appellee below. DIRECTLY RELATED PROCEEDINGS United States v. Hensley, No. 4:24-cr-43 (N.D. Tex. June 7, 2024) United States v. Hensley, No. 24-10509 (5th Cir. Jan. 13, 2026)

Counsel of record

For petitioner
James Matthew Wright
Office of the Federal Public Defender

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 08 2026
    Petition DENIED.
  2. May 20 2026
    DISTRIBUTED for Conference of 6/4/2026.
  3. May 14 2026
    Waiver of right of respondent United States to respond filed.
  4. Apr 13 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 26, 2026)