John Miguel Swan v. United States

18 U.S.C. §922(g)(1) prohibits a person “who has been convicted in any court, of a crime punishable by imprisonment for a term exceeding one year,” from possessing a firearm or ammunition. Petitioner was convicted for violating this prohibition; but all his past convictions satisfying the criterion of being “punishable by imprisonment for a term exceeding one year” were for nonviolent crimes. Indeed his only conviction in the decade proceeding the charged events was for a misdemeanor traffic offense. The questions presented are:

1. Whether 18 U.S.C. §922(g)(1) is consistent with the Second Amendment to the U.S. Constitution in all cases, or rather is susceptible to as-applied challenges under the Second Amendment; and

2. Whether the Second Amendment prohibits the conviction of, and judgment against, petitioner for violating 18 U.S.C. §922(g)(1) given the nonviolent character of his prior predicate convictions.