Supreme Court of the United States · Official docket →
Joseph Frederick Johnson v. United States
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 25-5159 · judgment April 29, 2026
(petition-stage, structural)
About 3.4× the 4.1% base rate. The model weights this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
18 U.S.C. § 922(g)(1) makes it a crime for any person “who has been [previously] convicted in any court of[] a crime punishable by imprisonment for a term exceeding one year” to “possess … any firearm or ammunition.” Petitioner’s sole predicate felony is a 2015 state conviction for marijuana cultivation—a non-violent offense involving a substance that the federal government has since rescheduled and many States have legalized. The Tenth Circuit nevertheless affirmed his § 922(g)(1) convictions over his Second Amendment challenge because circuit precedent categorically foreclosed any as-applied challenge, regardless of the predicate offense. The question presented, on which there is an acknowledged and entrenched 6-3 circuit split, is: Whether an individual whose sole predicate felony is a non-violent offense may bring an asapplied Second Amendment challenge to § 922(g)(1)’s permanent dispossession of the right to keep and bear arms.
Counsel of record
For petitioner
E. Joshua Rosenkranz
Orrick, Herrington & Sutcliffe LLP
For respondent
D. John Sauer
Solicitor General
Proceedings
- Aug 27 2026Petition for a writ of certiorari filed. (Response due October 1, 2026)
- Jul 23 2026Application (26A100) granted by Justice Gorsuch extending the time to file until August 27, 2026.
- Jul 17 2026Application (26A100) to extend the time to file a petition for a writ of certiorari from July 28, 2026 to September 26, 2026, submitted to Justice Gorsuch.