Jackey Wayne Nunamaker v. United States

The country is in the midst of a circuit split as to the appropriate resolution of challenges to 18 U.S.C. § 922(g)(1). Three circuits have opened the door to individuals with prior felony convictions retaining their right to possess firearms despite their convictions. Unlike those other circuits, the Tenth Circuit openly rejects application of the Bruen analysis when a defendant challenges the constitutionality of 18 U.S.C. § 922(g)(1). Mr. Nunamaker has previous convictions for violations of Oklahoma Second Degree Burglary. However, Second Degree Burglary is indisputably not generic burglary, as it currently permits convictions based upon breaking into and stealing from vending machines or other coin-operated devices, and earlier versions included breaking into vehicles. This Petition for Writ of Certiorari poses two questions:

1. Whether the Tenth Circuit’s open rejection of Bruen, in reliance upon its pre-Bruen precedent, is appropriate in light of the current circuit split.

2. What is the appropriate standard to be applied when courts consider whether a particular prior felony offense allows Congress to permanently disarm an individual under penalty of imprisonment?