Petition for Writ of Certiorari — Deondre Lamont Bain, Petitioner v. United States

Supreme Court briefOct 29, 2025

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IN THE

SUPREME COURT OF THE UNITED STATES

DEONDRE LAMONT BAIN,

Petitioner,

versus

UNITED STATES OF AMERICA,

Respondent.

On Petition for a Writ of Certiorari

to the United States Court of Appeals for the Eleventh Circuit

PETITION FOR A WRIT OF CERTIORARI

RICHARD F. DELLA FERA

500 East Broward Blvd., Suite 1710

Fort Lauderdale, FL 33394

Telephone: (954) 848-2872

Attorney for the Petitioner

1

QUESTION PRESENTED

Is the lifetime ban on possession of firearms by all felons, codified at 18 U.S.C.

§ 922(g)(1), plainly unconstitutional on its face under New York State Rifle & Pistol

Association, Inc. v. Bruen, 597 U.S. 1 (2022), because it is permanent and applies to

all persons convicted of felonies?

2

TABLE OF CONTENTS

QUESTION PRESENTED ............................................................................................ 2

TABLE OF CONTENTS ................................................................................................ 3

APPENDIX INDEX........................................................................................................ 4

TABLE OF AUTHORITIES .......................................................................................... 5

OPINIONS BELOW....................................................................................................... 7

JURISDICTION ............................................................................................................. 7

STATUTORY PROVISIONS INVOLVED .................................................................... 7

STATEMENT OF THE CASE ....................................................................................... 7

REASONS FOR GRANTING THE WRIT................................................................... ..9

I.

II.

Simple application of Bruen’s historical-tradition test makes clear that

a blanket, lifetime ban on possession of firearms for all felons cannot

withstand constitutional scrutiny.............................................................. 10

A.

Bruen represented a fundamental shift in Second Amendment

B.

Under the new framework, Section 922(g)(1) violates the Second

Amendment because firearm possession is protected by the

Amendment’s plain text, and the government cannot show a

historical tradition of categorically disarming felons ...................... 11

analysis .............................................................................................. 10

1.

The text of the Second Amendment covers Bain’s

conduct, and he is among “the people” the Amendment

protects.................................................................................... 11

2.

There is no relevantly similar historical regulation that

bans firearm possession for life ............................................. 13

This is a critically important and recurring question ............................... 20

3

III.

Alternatively, this Court should hold Bain’s petition pending

consideration of one of the many other petitions that will place these

same issues before this Court ................................................................. 21

CONCLUSION ............................................................................................................. 21

APPENDIX INDEX

Eleventh Circuit opinion, August 20, 2025…...................................................App. A

District court judgment, February 12, 2024.....................................................App. B

4

TABLE OF AUTHORITIES

CASES

Binderup v. Att’y Gen. of the U.S., 836 F.3d 336 (3d Cir. 2016) (en banc) ................ 17

Dist. of Columbia v. Heller, 554 U.S. 570 (2008) .................................................passim

Entler v. Gregoire, 872 F.3d 1031 (9th Cir. 2017) ...................................................... 13

Jennings v. State, 5 Tex. Ct. App. 298 (1878) ..............................................................19

Kanter v. Barr, 919 F.3d 437 (7th Cir. 2019)................................................... 9-10, 16, 17

McDonald v. City of Chicago, 561 U.S. 742 (2010) ............................................... 10, 11

New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022) ....passim

Rehaif v. United States, 588 U.S. 225, 239 (2019……………………………………… 20

United States v. Bain, 24-10480 (11th Cir. Aug. 20, 2025)(unpublished).....................7

United States v. Dubois, 139 F.4th 887 (11th Cir. 2025)………………………………..8

United States v. Lara, 815 F.3d 605 (9th Cir. 2016)……………………………………13

United States v. Rahimi, 144 S. Ct. 1889 (2024)…………………………………….passim

United States v. Rozier, 598 F.3d 768 (11th Cir. 2010)………………………………….10

United States v. Verdugo-Urquidez, 494 U.S. 259 (1990) .......................................... 12

STATUTES

U.S. Const. Amend. I ................................................................................................... 15

U.S. Const. Amend. II ...........................................................................................passim

U.S. Const. Amend. IV ............................................................................................ 14-15

18 U.S.C. § 922(g)(1) .............................................................................................passim

18 U.S.C. § 924(c)(1) .................................................................................................... 8-9

1 Wm. & Mary c. 15, § 4, in 3 Eng. Stat. at Large 399 (1688).................................... 19

5

Sec’y of the Commonwealth, Acts and Resolves of Massachusetts 1786–87,

(1893) ................................................................................................................. 20

OTHER

Adam Winkler, Heller’s Catch-22, 56 U.C.L.A. L. Rev. 1551 (2009) ......................... 17

C. Kevin Marshall, Why Can’t Martha Stewart Have A Gun?, 32 Harv. J.L. & Pub.

Policy 695 (2009) ............................................................................................... 18

Dru Stevenson, In Defense of Felon-in-Possession Laws, 43 CARDOZO L. REV.

1573 (2022)…………………………………………………………………………… 21

Joseph G.S. Greenlee, The Historical Justification for Prohibiting Dangerous

Persons from Possessing Arms, 20 Wyo. L. Rev. 249 (2020)................... 18, 20

Robert H. Churchill, Gun Regulation, the Police Power, and the Right to Keep

Arms in Early America: The Legal Context of the Second Amendment, 25

Law & Hist. Rev. 139 (2007)............................................................................. 20

Steven G. Bradbury, et al., Whether the Second Amendment Secures an

Individual Right, 28 OP. O.L.C. 126 (2004) .................................................... 21

U.S. Sent’g Comm’n, Quick Facts: 18 U.S.C. § 922(g) Firearms Offenses

(June 2024)……………………………………………………………………………..20

6

OPINIONS BELOW

The opinion of the United States Court of Appeals for the Eleventh Circuit

affirming petitioner’s conviction and sentence can be found at United States v. Bain,

No. 24-10480 (11th Cir. August 20, 2025) (unpublished), and is set forth at App. 001.

JURISDICTION

The judgment of the court of appeals was entered on August 20, 2025. The

jurisdiction of this Court is invoked under 28 U.S.C. 1254(1).

STATUTORY PROVISIONS INVOLVED

18 U.S.C. § 922(g)(1) states in relevant part:

(g) It shall be unlawful for any person—

(1) who has been convicted in any court of, a crime punishable by

imprisonment for a term exceeding one year;

***

to ship or transport in interstate or foreign commerce, or possess in or

affecting commerce, any firearm or ammunition; or to receive any

firearm or ammunition which has been shipped or transported in

interstate or foreign commerce.

The Second Amendment to the U.S. Constitution provides in relevant part:

A well regulated Militia, being necessary to the security of a free State,

the right of the people to keep and bear Arms, shall not be infringed.

STATEMENT OF THE CASE

The Petitioner Deondre Lamont Bain was indicted with possession of a firearm

by a convicted felon in violation of 18 U.S.C. § 922(g)(1) (Count 1) and illegal

possession of a machine gun in violation of 18 U.S.C. § 922(o)(1)(Count 2). Bain filed

a motion to dismiss Count 1 as violative of his Second Amendment rights. That

7

motion was denied. The case proceeded to trial and on September 14, 2023, a jury

found Bain guilty on both counts. Bain was sentenced to 144 months imprisonment

on Count 1 and 120 months on Count 2 to run concurrently and three years of

supervised release. A written judgment was entered by the district court on February

12, 2024. Bain filed a timely notice of appeal on February 13, 2025.

Bain appealed the facial constitutionality of Section 922(g)(1), his only count of

conviction, to the Eleventh Circuit. Bain asserted that Section 922(g)(1) was facially

unconstitutional after New York State Rifle & Pistol Association, Inc. v. Bruen, 597

U.S. 1 (2022) because there was no historical evidence of categorically disarming all

felons. On August 20, 2025, the Eleventh Circuit affirmed Bain’s conviction and

rejected his Second Amendment challenge to Section 922(g)(1) under United States

v. Dubois, 139 F.4th 887 (11th Cir. 2025), where the Eleventh Circuit had upheld the

facial constitutionality of Section 922(g)(1).

8

REASONS FOR GRANTING THE WRIT

This Court should grant a writ of certiorari in Bain’s case, or, alternatively,

grant certiorari in another case raising the same issues and then hold Bain’s petition

pending a resolution of these important questions.

In Bruen, this Court established a new framework for determining whether a

firearm regulation is constitutional under the Second Amendment, eliminating the

two-step history and means-end scrutiny test that the Eleventh Circuit and others

previously employed. Specifically, Bruen got rid of the second step. This Court

declared that “a constitutional guarantee subject to future judges’ assessments of its

usefulness is no constitutional guarantee at all.” Bruen, 597 U.S. at 23 (quotations

omitted). Now, under Bruen, for a law to survive a Second Amendment challenge, the

government must “identify an American tradition” justifying the law’s existence. If it

cannot, courts may no longer apply “means-end scrutiny” to uphold the law under the

second step. Id. at 2125, 2138. Instead, the inquiry ends, and the law is

unconstitutional.

Thus, under Bruen, the government must prove that Section 922(g)(1) is

consistent with this Nation’s historical tradition of firearm regulation. But it plainly

cannot do so because there is no relevantly similar historical analogue to a lifetime

ban on possession of firearms. As one Justice has noted, no historical tradition of

prohibiting felons from possessing firearms for life exists. Kanter v. Barr, 919 F.3d

9

437, 458 (7th Cir. 2019) (Barrett, J., dissenting), abrogated by Bruen, 597 U.S. 1.

Thus, Section 922(g)(1) is unconstitutional on its face. And that is clearly and

obviously dictated by simple application of Bruen. The Eleventh Circuit was wrong

to hold that Bruen does not compel this straightforward result. Bain’s conviction

under Section 922(g)(1) should be reversed.

I.

Simple application of Bruen’s historical-tradition test makes clear that a

blanket, lifetime ban on possession of firearms for all felons cannot withstand

constitutional scrutiny

A.

Bruen represented a fundamental shift in Second Amendment analysis

The Second Amendment to the U.S. Constitution mandates that a “wellregulated militia, being necessary to the security of a free state, the right of the people

to keep and bear arms, shall not be infringed.” U.S. Const. amend. II. In Dist. of

Columbia v. Heller, this Court held that the Second Amendment codifies an

individual right to possess and carry weapons, explaining that the inherent right of

self-defense is central to its protections. 554 U.S. 570, 628 (2008); see also McDonald

v. City of Chicago, 561 U.S. 742, 767 (2010) (holding “that individual self-defense is

the central component of the Second Amendment right”).

Following Heller (but before Bruen), the Eleventh Circuit and others adopted

a two-step, means-end inquiry for analyzing laws that might impact the Second

Amendment. United States v. Rozier, 598 F.3d 768 (11th Cir. 2010). In Bruen, this

Court expressly abrogated the two-step inquiry adopted by the Eleventh Circuit and

others and announced a new framework for analyzing Second Amendment claims.

The Court reasoned that “[s]tep one of the predominant framework is broadly

consistent with Heller, which demands a test rooted in the Second Amendment’s text,

10

as informed by history.” Bruen, 597 U.S. at 19. However, Bruen rejected the practice

of applying “means-end scrutiny” to conduct deemed protected (i.e., step two of the old

framework), explaining that “Heller and McDonald do not support applying meansend scrutiny in the Second Amendment context.” Id. Under Bruen’s newly announced

framework, “when the Second Amendment’s plain text covers an individual’s conduct,

the Constitution presumptively protects that conduct.” Id. at 17. And, upon such a

finding, “[t]he government must then justify its regulation by demonstrating that it is

consistent with the Nation’s historical tradition of firearm regulation.” Id. at 24. Only

upon the government making such a showing may a court “conclude that the

individual’s conduct falls outside of the Second Amendment’s ‘unqualified command.’”

Id. (citation omitted). In other words, for a firearm regulation to pass constitutional

muster, “the government must affirmatively prove that its firearms regulation is part

of the historical tradition that delimits the outer bounds of the right to keep and bear

arms.” Id. at 19.

B.

Under the new framework, Section 922(g)(1) violates the Second

Amendment because firearm possession is protected by the

Amendment’s plain text, and the government cannot show a historical

tradition of categorically disarming felons

Straightforward application of Bruen’s test makes clear that Section 922(g)(1)

cannot survive constitutional scrutiny, and the Eleventh Circuit was wrong to hold

otherwise.

1.

The text of the Second Amendment covers Bain’s conduct, and he

is among “the people” the Amendment protects

11

The plain text of the Second Amendment protects the right to possess and carry

weapons for self-defense. See Heller, 554 U.S. at 583-92. And Bruen clarified that this

right extends outside of the home. 597 U.S. at 8. Section 922(g)(1) is a permanent and

complete ban on any firearm possession by felons in any context. Thus, the statute

regulates (and in fact fully prohibits) conduct that is presumptively protected under

the plain text of the Second Amendment. As a result, the statute is presumptively

unconstitutional under Bruen. Id. at 24.

In an attempt to sidestep this straightforward conclusion, the government has

adopted a novel argument that a person’s status as a “felon” excludes that person

from the Second Amendment’s protections. But the plain text of the Second

Amendment and this Court’s precedent hold otherwise. In Heller, this Court rejected

the theory that “the people” protected by the Second Amendment was limited to a

specific subset—i.e., those in a militia. 554 U.S. at 579-81, 592-600. The Court

explained that when the Constitution refers to “‘the people,’ the term unambiguously

refers to all members of the political community, not an unspecified subset,” and there

is thus a “strong presumption that the Second Amendment right is exercised

individually and belongs to all Americans.” Id. at 580-81 (emphasis added).

Comparison to other constitutional amendments confirms this view. As Heller

explained, “the people” is a “term of art employed in select parts of the Constitution,”

including “the Fourth Amendment, . . . the First and Second Amendments, and . . .

the Ninth and Tenth Amendments.” Id. (quoting United States v. Verdugo-Urquidez,

494 U.S. 259, 265 (1990)). It is beyond challenge that felons are among “the people”

12

whose “persons, houses, papers, and effects” enjoy Fourth Amendment protection.

U.S. Const. Amend. IV; see United States v. Lara, 815 F.3d 605 (9th Cir. 2016). And

felons likewise enjoy “the right of the people” to “petition the government for redress

of grievances.” U.S. Const. Amend. I; see Entler v. Gregoire, 872 F.3d 1031, 1039 (9th

Cir. 2017). If a person with a felony conviction is one of “the people” protected by the

First and Fourth Amendments, Heller teaches that he is one of “the people” protected

by the Second Amendment, too.

This view was confirmed when this Court addressed a challenge to a different

subsection of § 922(g) in United States v. Rahimi, 144 S. Ct. 1889 (2024). The Court

analyzed historical laws dealing with dangerous persons to find that

§ 922(g)(8) was consistent with historical tradition and therefore constitutional. Id.

at 1899-1900. But the Court never suggested for a moment that Mr. Rahimi was not

one of “the people” protected by the Second Amendment. Accordingly, Bain is among

“the people” to whom the Second Amendment applies.

2.

There is no relevantly similar historical regulation that bans

firearm possession for life

Bruen provided guidance on conducting historical analysis in the hunt for

relevantly similar regulations. The Court can consider “whether ‘historical precedent’

from before, during, and even after the founding evinces a comparable tradition of

regulation.” Bruen, 597 U.S. at 27. But Bruen reminded that “not all history is

created equal.” Id. at 34. That is because “[c]onstitutional rights are enshrined with

the scope they were understood to have when the people adopted them.” Id.

(quotations omitted). Because the Second Amendment was adopted in 1791, earlier

13

historical evidence “may not illuminate the scope of the right if linguistic or legal

conventions changed in the intervening years.” Id. Similarly, post-ratification laws

that “are inconsistent with the original meaning of the constitutional text obviously

cannot overcome or alter that text.” Id. at 36 (quotations and emphasis omitted).

Bruen—and, later, Rahimi—also offered analytical guidance for evaluating

historical clues. As this Court explained in Rahimi: “A court must ascertain whether

the new law is ‘relevantly similar’ to laws that our tradition is understood to permit,

‘apply[ing] faithfully the balance struck by the founding generation to modern

circumstances.’” Rahimi, 144 S. Ct. at 1898 (quoting Bruen, 597 U.S. at 29). In doing

so, “[w]hy and how the regulation burdens the right are central to this inquiry.”

Id. Thus, “if laws at the founding regulated firearm use to address particular

problems, that will be a strong indicator that contemporary laws imposing similar

restrictions for similar reasons fall within a permissible category of regulations.” Id.

Importantly, though, “[e]ven when a law regulates arms-bearing for a permissible

reason, . . . it may not be compatible with the right if it does so to an extent beyond

what was done at the founding.” Id. And this Court made clear that the burden falls

squarely on the government to “affirmatively prove that its firearms regulation is

part of the historical tradition that delimits the outer bounds of the right to keep and

bear arms.” Bruen, 597 U.S. at 19. If the government cannot do so, the infringement

on the right cannot survive.

In Heller, this Court confirmed an individual’s right to keep and bear arms but

cautioned that this right is “not unlimited.” 554 U.S. at 626. As an example, the Court

14

provided, in dicta, a non-exhaustive list of “presumptively lawful regulatory

measures”—i.e., ones that had not yet undergone a full historical analysis. Id. at 627

n.26 (emphasis added). This list included laws restricting possession by felons and

the mentally ill and the carrying of firearms in “sensitive places.” Id. at 626. Heller

emphasized that “we do not undertake an exhaustive historical analysis today of the

full scope of the Second Amendment.” Id. And since this was the Court’s “first indepth examination of the Second Amendment,” Heller explained that it could not

“clarify the entire field.” Id. at 635. But Heller promised that there would be “time

enough to expound upon the historical justifications for the exceptions we have

mentioned if and when those exceptions come before us.” Id. That time is now. The

government cannot meet its burden to establish the requisite “relevantly similar”

historical tradition. Rahimi, 144 S. Ct. at 1898 (quoting Bruen, 597 U.S. at 29).

The government cannot meet its burden to establish Section 922(g)(1)’s

historical pedigree for a simple reason: neither the federal government nor a single

state barred all people convicted of felonies until the 20th century. See, e.g., Adam

Winkler, Heller’s Catch-22, 56 U.C.L.A. L. Rev. 1551, 1563 (2009). The modern

version of Section 922(g)(1) was adopted 177 years after the Second Amendment.

Bruen, 597 U.S. at 66 n.28 (“[L]ate-19th-century evidence” and any “20th-century

evidence . . . does not provide insight into the meaning of the Second Amendment

when it contradicts earlier evidence.”).

Section 922(g)(1) very much contradicts earlier evidence from the relevant

historical periods: “(1) . . . early modern England; (2) the American Colonies and the

15

early Republic; (3) antebellum America; [and] (4) Reconstruction.” Id. at 2135–36.

Those periods lack evidence of any analogue to Section 922(g)(1).

The government may argue that, historically, some jurisdictions sometimes

regulated firearm use by those considered presently violent. But not all people with

a felony conviction are presently violent. Moreover, the historical regulations

required an individualized assessment of a person’s threat to society. And finally, the

historical regulations almost always allowed people deemed violent to still possess

weapons for self-defense. Thus, even those convicted of serious crimes—including

rebellion—remained entitled to protect themselves in a dangerous world, with

firearms if necessary. Those laws’ targeted nature makes them a far cry from

declaring that any person, convicted of any felony, can never possess “the most

popular weapon chosen by Americans for self-defense in the home.” Heller, 554 U.S.

at 629.

England, before the founding, did not ban felons from ever again possessing a

firearm. See Kanter, 919 F.3d at 457 (Barrett, J., dissenting); C. Kevin Marshall, Why

Can’t Martha Stewart Have A Gun?, 32 Harv. J.L. & Pub. Policy 695, 717 (2009);

Joseph G.S. Greenlee, The Historical Justification for Prohibiting Dangerous Persons

from Possessing Arms, 20 Wyo. L. Rev. 249, 260 (2020). To the extent that England

sought to disarm individuals, those regulations usually required a more culpable

mental state and made exceptions for self-defense, both features absent from Section

922(g)(1). Rahimi discusses at length the surety laws and laws against affray or going

armed against the king’s subjects. 144 S. Ct. at 1899-1902.

16

To the extent that England tried to disarm whole classes of subjects, it did so

on discriminatory grounds that would be unconstitutional today—and yet still

permitted those targeted to keep arms for self-defense. For example, in the age of

William and Mary (both Protestants), Catholics were presumed loyal to James II (a

Catholic trying to retake the throne) and treasonous. Thus, Catholics could keep

“Arms, Weapons, Gunpowder, [and] Ammunition,” only if they declared allegiance to

the crown and renounced key parts of their faith. See Bruen, 597 U.S. at 45 n.12

(quoting 1 Wm. & Mary c. 15, § 4, in 3 Eng. Stat. at Large 399 (1688)). In short, the

English never tried to disarm all felons. Rather, they tried to limit the use of firearms

by those individuals found to be violent and rebellious. And even those individuals

could keep arms for self-defense. A “relevantly similar” historical regulation that is

not. Bruen, 597 U.S. at 29.

“[T]here is little evidence of an early American practice of,” forever barring all

people convicted of a felony from ever again possessing a firearm. Bruen, 597 U.S. 1

at 46. The early United States accepted that those who committed crimes—even

serious ones—retained a right to defend themselves. That can be seen in the colonies’

and states’ statutes, early American practice, and rejected proposals from state

constitutional conventions. See Kanter, 919 F.3d at 454 (Barrett, J., dissenting);

ssenting); Binderup v. Att’y Gen. of the U.S., 836 F.3d 336, 368 (3d Cir. 2016) (en

banc) (Hardiman, J., concurring).

To the extent that the new nation sought to disarm people, the regulatory

17

approach was much more limited than Section 922(g)(1). For example, the Virginia

colony disarmed Catholics, still viewed as traitors to the crown. Robert H. Churchill,

Gun Regulation, the Police Power, and the Right to Keep Arms in Early America: The

Legal Context of the Second Amendment, 25 Law & Hist. Rev. 139, 157 (2007)

(citation omitted). But there was an exception for weapons allowed by a justice of the

peace “for the defense of his house and person.” Id. And following the Declaration of

Independence, Pennsylvania ordered that those who did not pledge allegiance to the

Commonwealth and renounce British authority be disarmed. Id. at 159. Thus, to the

extent that either regulation would comply with the Second Amendment, as

understood today, they required a specific finding that a specific person posed a risk

of violence to the state.

Colonial and Founding-era practice also suggests that committing a serious

crime did not result in a permanent disarmament. For example, leaders of the

seminal Massachusetts Bay colony once disarmed supporters of a banished

seditionist. Greenlee, supra, at 263 (citations omitted). Nevertheless, “[s]ome

supporters who confessed their sins were welcomed back into the community and able

to retain their arms.” Id. And in 1787, after the participants in Shay’s Rebellion

attacked courthouses, a federal arsenal, and the Massachusetts militia, they were

barred from bearing arms, for three years, not life. Id. at 268-67. In fact,

Massachusetts law required the Commonwealth to hold and then return the rebels’

arms after that period. Sec’y of the Commonwealth, Acts and Resolves of

Massachusetts 1786–87, at 178 (1893).

18

American practice and laws during the Nineteenth Century—before and after

the Civil War—also confirm that Section 922(g)(1) does not comport with the

“Nation’s historical tradition of firearm regulation.” Bruen, 597 U.S. at 34. The

United States continued to regulate—but not ban—firearm possession by those

feared to be violent. See id. at 55 (holding that 19th century surety laws allowed

people likely to breach the peace to still keep guns for self-defense or if they posted a

bond). But, as discussed above, that is not similar to Section 922(g)(1). There is no

evidence of a precursor to Section 922(g)(1)’s broad, categorical ban. In fact, there are

at least two documented instances where attempts to disarm a class of offenders was

rejected as inconsistent with the right to bear arms.

First, as with Shay’s Rebellion, Congress declined to disarm southerners who

fought against the Union in the Civil War. Steven G. Bradbury, et al., Whether the

Second Amendment Secures an Individual Right, 28 OP. O.L.C. 126, 226 (2004). The

reason: some northern and Republican senators feared that doing so “would violate

the Second Amendment.” Id. Second, when a Texas law ordered that people convicted

of unlawfully using a pistol be disarmed, it was struck down as unconstitutional

under the Texas constitution. Jennings v. State, 5 Tex. Ct. App. 298, 298 (1878).

In sum, the 19th century history provides clear evidence that mass

disarmament for people convicted of an offense is unconstitutional. Not only was

there a consistent practice of allowing people who broke the law to keep weapons for

self-defense—at least one state appellate court and Congress agreed that disarming

lawbreakers was unconstitutional. As Bruen teaches: “[I]f some jurisdictions actually

19

attempted to enact analogous regulations during this timeframe, but those proposals

were rejected on constitutional grounds, that rejection surely would provide some

probative evidence of unconstitutionality.” 597 U.S. at 27.

Rahimi did not affect this analysis—and, in fact, made all the clearer Section

922(g)(1)’s lack of constitutional backing. The prohibition there passed constitutional

muster because there were historical analogues temporarily disarming those proven

to be presently violent. 144 S. Ct. 1898-99. The restraining order subsection of

§ 922(g) passed constitutional muster because there is an individualized finding of

dangerousness, after notice and an opportunity to be heard, and the restriction lasts

only as long as the restraining order does. Id. at 1895-96.

Again, “[w]hy and how the regulation burdens the right are central to the

inquiry.” Id. at 1898. Section 922(g)(1) contains a lifetime prohibition on possession

of firearms by all convicted felons, without an individualized determination of

ongoing dangerousness. It therefore violates the Second Amendment on its face, and

Bain’s conviction under Section 922(g)(1) must be vacated.

II.

This is a critically important and recurring question.

The Court should grant the petition because the question is critically important

and recurring. After all, “§ 922(g) is no minor provision.” Rehaif v. United States, 588

U.S. 225, 239 (2019) (Alito, J., dissenting). Out of about 64,000 cases reported to the

Sentencing Commission in Fiscal Year 2023, more than 7,100 involved convictions

under § 922(g)(1). See U.S. Sent’g Comm’n, Quick Facts: 18 U.S.C. § 922(g) Firearms

Offenses, at 1 (June 2024). Those convictions accounted for over 10% of all federal

criminal cases. See id. The government itself has acknowledged “the special need for

20

certainty about Section 922(g)(1) given the frequency with which the government

brings criminal cases under it.” Gov’t Supp. Br. at 10 n.5, Range v. Att’y Gen. (No. 23374). Even beyond new prosecutions, § 922(g)(1)’s reach is staggering. The statute

prohibits millions of Americans from exercising their right to keep and bear arms for

the rest of their lives. Recent estimates of the number of individuals with felony

convictions range from 19 million to 24 million. Dru Stevenson, In Defense of Felonin-Possession Laws, 43 CARDOZO L. REV. 1573, 37 1591 (2022) (citations omitted).

Given § 922(g)(1)’s widespread impact both on new prosecutions and on the millions

of Americans it prohibits from exercising a fundamental constitutional right, this

Court should answer this important and recurring question as soon as possible.

III.

Alternatively, this Court should hold Bain’s petition pending consideration of

one of the many other petitions that will place these same issues before this

Court

Finally, Bain notes that numerous petitions raising the same issues are now

or will shortly be filed in this Court. Accordingly, Bain requests that his petition be

held pending those and/or other petitions if this Court anticipates that it may grant

a writ of certiorari on the issues raised herein.

CONCLUSION

The petition for a writ of certiorari should be granted.

Respectfully submitted on October 29, 2025

BY: s/ Richard F. Della Fera

RICHARD F. DELLA FERA

500 East Broward Blvd., Suite 1710

Fort Lauderdale, FL 33394

Telephone: (954) 848-2872

Attorney for the Petitioner

21

APPENDIX

USCA11 Case: 24-10480

Document: 32-1

Date Filed: 08/20/2025

Page: 1 of 12

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 24-10480

Non-Argument Calendar

____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DEONDRE BAIN,

Defendant-Appellant.

____________________

Appeal from the United States District Court

for the Southern District of Florida

D.C. Docket Nos. 1:23-cr-20048-RKA-1,

1:13-cr-20551-RKA-1

APP. A

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____________________

Before JORDAN, NEWSOM, and GRANT, Circuit Judges.

PER CURIAM:

Deondre Bain appeals his convictions for possession of a firearm and ammunition by a convicted felon and illegal possession of

a machine gun. He challenges the constitutionality of his conviction under the Second Amendment and asserts that the district

court erred in denying his motion to suppress.

I

On January 19, 2023, Miami Gardens police stopped and

searched Mr. Bain’s vehicle. The five participating officers testified

to the following chain of events.

Officer Derek Rodriguez recognized a Yukon vehicle that

had been involved in a homicide in 2021, and identified Mr. Bain as

the driver. Officer Rodriguez had arrested him in 2013 for possession of a firearm by a convicted felon. Officer Rodriguez began

following the Yukon and noticed that it had a plastic license plate

cover. Although the tag remained legible, he believed it constituted

a traffic violation. When Mr. Bain pulled into a gas station, Officer

Rodriguez informed his colleagues of Mr. Bain’s location and that

he had a felony record and was known to carry firearms. Officer

Rodriguez did not mention the alleged traffic violation relating to

the tag.

Detective Michael Ruiz, joined by Detective Onassis Perdomo and Special Agent Alexis Kelly in an unmarked police car,

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arrived and observed a Yukon matching Officer Rodriguez’s description back out of a handicap parking space in front of a cell

phone store, which Detective Perdomo claimed was a hub for narcotics transactions. Detective Perdomo noticed that the Yukon was

missing a rearview mirror, and that it appeared to have unlawfully

dark window tints. Detective Ruiz testified that he did not observe

the alleged license plate violation prior to the stop. Detective Ruiz

communicated Mr. Bain’s location to other officers, and a marked

police unit activated its lights and sirens to initiate the stop. Detectives Ruiz and Perdomo and Agent Kelly pulled over as well.

While approaching the vehicle, Detective Ruiz observed Mr.

Bain lean down and make furtive movements as though hiding

something. Suspecting that Mr. Bain might be armed, Detective

Ruiz drew his firearm and commanded Mr. Bain to show his hands

or else he would shoot him. Mr. Bain did not immediately comply,

but ultimately exited the Yukon with empty hands.

Detective Perdomo smelled marijuana and saw what he believed to be marijuana residue on the seats and floorboard and plastic bags “used to package narcotics” on the driver’s seat. Detective

Ruiz testified that “due to the totality of the circumstances of him

hiding his hands, [and] the strong smell of marijuana,” the officers

searched the vehicle to look for narcotics. After initiating the

search, officers observed that the cupholder was ajar. They lifted it

and recovered a firearm that had been modified into a fully automatic machine gun. They also found what they believed to be the

butt of a marijuana cigarette on the armrest and marijuana “shake”

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on the floorboard, although they never collected and tested it to

confirm that it was marijuana.

The officers arrested Mr. Bain and issued him citations for

having an obstructed tag, parking in a handicap space without a

permit, and missing a rearview mirror.

In February 2023, a federal grand jury charged Mr. Bain with

possession of a firearm and ammunition by a convicted felon in violation of 18 U.S.C. § 922(g)(1) (Count 1) and illegal possession of

a machinegun in violation of 18 U.S.C. § 922(o)(1) (Count 2). Mr.

Bain moved to dismiss Count 1, arguing that § 922(g)(1) violated

the Second Amendment. The government responded in opposition and the district court denied the motion in a paperless order.

Mr. Bain filed a motion to suppress all the evidence obtained

during the search, alleging that the stop and the search were unlawful. The district court denied the motion after an evidentiary

hearing. It credited the officers’ testimony and found that there

were four independent grounds for the stop— parking in a handicap spot without a permit, a missing rearview mirror, illegally

tinted windows, and the license plate cover—each of which was

sufficient and “none of which had to do with the defendant’s history of gun possession or gun use.” D.E. 82 at 163.

The district court also found that the officers had probable

cause to search the car. It concluded that the seven reasons provided for the search—Mr. Bain’s criminal history involving guns,

his known membership in a gang, his furtive movements, his refusal to immediately show his hands upon command, the smell of

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marijuana, the sight of marijuana, and the fact that the cup holder

was ajar—“together certainly gave the officers more than enough

probable cause to then search the car[.]” Id. at 172–77. Responding

to Mr. Bain’s argument that the smell of marijuana alone cannot

alone establish probable cause in the wake of Florida’s legalization

of hemp and of marijuana for medical use, the district court found

that officers may continue to assume that the marijuana is probably

illegal unless there is evidence of a medical license. The court also

found it “very likely . . . what the officers were witnessing was not

hemp but marijuana[,]” and noted that multiple officers on the

scene were cross-designated federal agents authorized to enforce

the federal ban on marijuana. See id. at 178–79.

Based on its findings and conclusions, the district court denied the motion to suppress. Mr. Bain filed a motion for reconsideration, which the district court denied in a paperless order.

Mr. Bain proceeded to trial and was convicted on both

counts and sentenced to 168 months of imprisonment, followed by

3 years of supervised release.

II

We generally review the constitutionality of a statute de

novo. See United States v. Gruezo, 66 F.4th 1284, 1292 (11th Cir.

2023).

Because rulings on motions to suppress evidence present

mixed questions of law and fact, we review the district court’s factual findings for clear error and the application of the law to the

facts de novo. See United States v. Lewis, 674 F.3d 1298, 1302–03 (11th

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Cir. 2012). We afford substantial deference to the factfinder’s credibility determinations. See id. at 1303; United States v. Ramirez-Chilel,

289 F.3d 744, 749 (11th Cir. 2002).

III

A

Mr. Bain challenges the constitutionality of 18 U.S.C.

§ 922(g)(1), which prohibits anyone who has been convicted of a

crime punishable by more than one year of imprisonment from

possessing a firearm. He argues that this prohibition violates the

Second Amendment. But that argument is foreclosed by this Circuit’s recent decision in United States v. Dubois. See 139 F.4th 887,

892–94 (11th Cir. 2025) (concluding that neither United States v.

Rahimi, 602 U.S. 680 (2024), nor New York State Rifle & Pistol Ass’n,

Inc. v. Bruen, 597 U.S. 1 (2022), abrogated this court’s holding in

United States v. Rozier, 598 F.3d 768, 770–71 (11th Cir. 2010), that

§ 922(g)(1) is constitutional under the Second Amendment).

B

Mr. Bain next challenges the district court’s denial of his motion to suppress. The Fourth Amendment provides that “[t]he

right of the people to be secure in their persons, houses, papers,

and effects, against unreasonable searches and seizures, shall not be

violated, and no [w]arrants shall issue, but upon probable cause[.]”

U.S. Const. amend. IV. Traffic stops are seizures under the Fourth

Amendment. See Delaware v. Prouse, 440 U.S. 648, 653 (1979).

When determining whether an officer had probable cause or reasonable suspicion, we ask if “the circumstances, viewed

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objectively, justif[ied] that action.” Whren v. United States, 517 U.S.

806, 813 (1996). “[T]he officer’s motive in making the traffic stop

does not invalidate what is otherwise objectively justifiable behavior under the Fourth Amendment.” United States v. Harris, 526 F.3d

1334, 1337 (11th Cir. 2008) (citation and quotation marks omitted).

An officer’s mistake of fact or law about a possible violation may

justify a traffic stop, so long as the mistake is objectively reasonable.

See Heien v. North Carolina, 574 U.S. 54, 60–61, 66 (2014).

1

To justify a stop for a traffic violation, the officer must have

reasonable suspicion—that is, a “particularized and objective basis

for suspecting the person stopped of criminal activity.” United

States v. Campbell, 26 F.4th 860, 880 (11th Cir. 2022) (en banc) (citation and quotation marks omitted). An officer has reasonable suspicion to initiate a traffic stop when he observes a traffic violation.

See, e.g., Harris, 526 F.3d at 1338 (holding that an officer had reasonable suspicion to stop a vehicle that failed to signal a lane change).

Mr. Bain contends that none of the proffered rationales—

parking in a handicap spot without a permit, a missing rearview

mirror, the illegally tinted windows, or the license plate cover—

established reasonable suspicion to warrant a stop. We disagree.

First, Mr. Bain argues that there was no reasonable suspicion

that he violated Fla. Stat. § 316.1955(1) because the officers only

witnessed his vehicle backing out of the handicap space—not stopping, standing, or parking in the space in violation of the statute.

Second, he contends that the officers failed to establish a violation

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of Fla. Stat. § 316.294 because the statute does not require the mirror to be to be affixed to the front windshield—it only requires a

mirror that “reflect[s] to the driver a view of the highway for a distance of at least 200 feet to the rear of the motor vehicle.” He contends that he complied with this requirement by placing the rearview mirror on the dashboard, and alternatively that sideview mirrors alone satisfy the statutory requirement. Third, Mr. Bain asserts that officers did not observe the alleged tinted window violation until after initiating the stop, so it could not have served as a

basis for the stop. Nor, he says, did the officers test the windows

for illegal tints or issue a citation for this alleged offense. Fourth,

he maintains that there was no reasonable suspicion to stop the Yukon for a violation of Fla. Stat. § 316.605 because the statute’s purpose is to ensure that license plates are not obscured, and the Yukon’s license plate remained clearly legible beneath a transparent

cover.

Under Florida law, it is “unlawful for any person to stop,

stand, or park a vehicle within, or to obstruct” a handicap parking

spot without a disabled parking permit or license plate. See Fla.

Stat. § 316.1955(1). Based on seeing the Yukon backing out of a

handicap spot, the officers had reason to believe that Mr. Bain had

violated § 316.1955 and therefore had reasonable suspicion to stop

his vehicle. See, e.g., Campbell, 26 F.4th at 880–81 (holding that a

minor traffic violation can establish reasonable suspicion to stop a

driver). In a case in which officers stopped a defendant after they

observed his vehicle stop in a handicap parking spot for two

minutes, Florida’s Sixth District Court of Appeal overruled the trial

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court’s grant of a motion to suppress, holding that there was probable cause to believe that the defendant had violated § 316.1955.

See State v. Diaz, 395 So.3d 622, 625–26 (Fla. 6th DCA 2024).

Mr. Bain’s contention that the officers only observed the Yukon backing out of the space does not alter our conclusion. Officers

need not be certain of a violation, so long as they have reason to

believe it probable that a violation occurred. See Harris, 526 F.3d at

1337 (“A determination of reasonable suspicion . . . does not require

officers to catch the suspect in a crime.”) (citation and quotation

marks omitted). See also United States v. Chanthasouxat, 342 F.3d

1271, 1276 (11th Cir. 2023) (“[I]f an officer makes a traffic stop based

on a mistake of fact, the only question is whether his mistake of

fact was reasonable.”). Moreover, to back out of the handicap spot

the Yukon must have first been stationed in that spot. Because the

officers had a particularized and objective basis for suspecting that

Mr. Bain violated § 316.1955, we need not reach the alternative bases for the stop.

2

“[S]earches conducted outside the judicial process, without

prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment—subject only to a few specifically established and well-delineated exceptions.” Katz v. United States, 389

U.S. 347, 357 (1967) (footnotes omitted). One exception to the warrant requirement is the automobile exception, which “allows the

police to conduct a search of a vehicle if (1) the vehicle is readily

mobile; and (2) the police have probable cause for the search.”

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United States v. Lindsey, 482 F.3d 1285, 1293 (11th Cir. 2007). Mr.

Bain does not contest that his Yukon was readily mobile.

“Probable cause exists where the facts and circumstances

within the collective knowledge of the law enforcement officials,

of which they had reasonably trustworthy information, are sufficient to cause a person of reasonable caution to believe an offense

has been or is being committed.” United States v. Jimenez, 780 F.2d

975, 978 (11th Cir. 1986) (citation and quotation marks omitted).

Officers need not “rule out . . . innocent explanation[s]” for a suspect’s conduct in order to find probable cause. See District of Columbia v. Wesby, 583 U.S. 48, 61 (2018).

Mr. Bain first challenges the district court’s findings of fact,

noting that numerous officers pulled him over for an alleged minor

traffic violation. He suggests that the officers were dishonest about

their real motivations for the stop and search and that this undermined their overall credibility. He argues that the officers’ testimony that green residue seen from outside of the car served as a

basis for the search was not credible because they did not ultimately collect it.

A district court’s credibility findings are entitled to substantial deference, and we will not disturb a credibility finding “unless

it is contrary to the laws of nature, or is so inconsistent or improbable on its face that no reasonable factfinder could accept it.”

Ramirez-Chilel, 289 F.3d at 749 (citation and quotation marks omitted). Mr. Bain has not satisfied this high standard. We therefore

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conclude that the district court did not clearly err in crediting the

officers’ testimony.

To the extent that Mr. Bain is arguing that the officers’ purported reasons for the stop were pretextual, his claim fails because

we generally do not look to subjective intentions of officers in determining whether a Fourth Amendment violation occurred. See

Whren, 517 U.S. at 813. “When determining whether an officer had

probable cause to believe that a traffic violation occurred, the officer’s motive in making the traffic stop does not invalidate what is

otherwise objectively justifiable behavior under the Fourth

Amendment.” Harris, 526 F.3d at 1337 (citation and quotation

marks omitted). See also United States v. Holloman, 113 F.3d 193, 194

(11th Cir. 1997) (“[U]lterior motives may [not] invalidate police

conduct that is justified on the basis of probable cause[.]”).

Mr. Bain contends that the smell of marijuana alone no

longer serves as a sufficient basis for probable cause now that Florida has legalized marijuana for medical purposes, as well as hemp.

See Fla. Stat. § § 381.986, 581.217. He points to Detective Ruiz’s

testimony that the state attorney circulated a memorandum instructing officers that hemp looks and smells the same as marijuana

and that the sight and smell of marijuana alone was no longer

enough to establish probable cause.

As noted earlier, the district court found that the seven reasons provided for the search—Mr. Bain’s criminal history involving

guns, his known membership in a gang, his furtive movements, his

refusal to immediately show his hands upon command, the smell

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of marijuana, the sight of marijuana, and the fact that the cup

holder was ajar—together established probable cause to search the

Yukon. Mr. Bain’s argument focuses only on the marijuana, and

he does not address the other bases that the government cites as

establishing probable cause. We note that the officers only observed the ajar cupholder after initiating the search, so this could

not have constituted a basis for probable cause. Nonetheless, even

if we put aside the marijuana, we do not believe that the district

court erred in finding that the officers had probable cause to search

the Yukon based on the totality of the other circumstances. Probable cause “requires only a probability or substantial chance of

criminal activity, not an actual showing of such activity.” Wesby,

583 U.S. at 57 (internal quotation marks and citation omitted).

Having witnessed an individual known to illegally possess guns refuse to immediately comply with commands to show his hands and

make movements suggesting that he was hiding something, the officers could reasonably conclude that Mr. Bain had contraband inside his car. See United States v. Clark, 559 F.2d 420, 424 (5th Cir.

1977) (“In determining whether there was reasonable cause to believe the vehicle contained contraband, we look to the totality of

the circumstances and the inferences that flow therefrom.”).

IV

We affirm Mr. Bain’s conviction.

AFFIRMED.

APP. B

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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