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Felon gun possession ban

Reginald Herman Smith, Jr. v. United States

Updated Nov 11, 2026

In brief

Where it stands
Petition Pending

Awaiting an order on the petition

No decision timeline until the Court agrees to hear the case.

What it’s about
Reginald Smith filed a petition asking the Supreme Court to review his federal firearm case and reconsider a prior ruling about what facts a jury must decide.
What's at stake
For Smith, the outcome remains unresolved: the Court has not decided whether his jury and firearm-law challenges succeed.

Summary: written with AI from the case record.

What it's about

He also asks whether the law barring firearm possession by people with felony convictions exceeds Congress’s power over interstate commerce or may be challenged under the Second Amendment, including for possession within one state.

Smith’s petition challenges a federal law barring people with felony convictions from possessing firearms, alongside a separate challenge to a rule about the jury’s role in criminal trials.

Question presented

1. Should the Court overrule Neder v. United States, 527 U.S. 1 (1999), as inconsistent with the Fifth and Sixth Amendment principles underlying this Court’s precedent in Apprendi v. New Jersey, 530 U.S. 466 (2000), and its progeny? 2. Does 18 U.S.C. § 922(g)(1) exceeds Congress’s authority under the Commerce Clause, facially and as applied to Petitioner Reginald Smith’s intrastate possession? 3. Is 18 U.S.C. § 922(g)(1) subject to as-applied Second Amendment challenges?

What happens next

The Supreme Court must decide whether to hear Smith’s petition. No oral argument or decision date is set.

Documents

1

Docket activity

5
  • New analysis added

    Nov 11, 2026 · Court records

  • AI analysis generated: Case Briefing

    Nov 11, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Nov 11, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Nov 11, 2026 · Court records

  • Brief added: Petition

    Nov 2, 2026 · Court records

More questions

2
What does Smith argue about the firearm law?
He asks whether the law exceeds Congress’s power to regulate trade between states, including when applied to his possession within one state, and whether it can be challenged under the Second Amendment based on an individual’s circumstances.
What earlier ruling does Smith want the Court to revisit?
He asks the Court to overrule Neder v. United States, arguing that it conflicts with later decisions about what facts a jury must decide.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Nov 11, 2026Methodology

Court records and filings

Reporting and analysis