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Gerson Armando Romero Salazar v. United States
IFP petition · United States Court of Appeals for the Tenth Circuit, No. 25-5035 · judgment January 29, 2026
Question presented
Whether 18 U.S.C. § 922(g)(5)(A), which prohibits the possession of firearms by aliens unlawfully present in the United States, violates the Second Amendment on its face. a. Whether the Bruen analysis permits consideration of whether a class of persons is among “the people” prior to the Second Step in which the government bears the burden to demonstrate a historical tradition that would permit disarming that class. b. Whether the Nation’s historical tradition of firearms regulation permits the permanent disarmament of all illegal aliens based on their perceived lack of loyalty to the United States.
Counsel of record
For petitioner
Jared Timothy Guemmer
Federal Public Defender, ND Oklahoma
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Jun 22 2026Petition DENIED.
- Jun 03 2026DISTRIBUTED for Conference of 6/18/2026.
- May 26 2026Waiver of right of respondent United States to respond filed.
- Apr 29 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 1, 2026)