Paul A. McLennon, Sr., Honors Moot Court Competition Final Round and Awards Dinner

This event occurred in the past

Paul A. McLennon, Sr., Honors Moot Court Competition Final Round and Awards Dinner

This event occurred in the past

Date and Time

  • Wednesday, March 27, 2019 from 6:00 p.m. to 8:30 p.m.

Location

Warren Hall, Grace Courtroom and La Gran Terraza

5998 Alcala Park San Diego, CA 92110

Cost

0

Details

The Paul A. McLennon, Sr., Honors Moot Court Competition provides an opportunity for students to develop their brief writing and advocacy skills and to test these skills in an open, rigorous competition. Organized by the Appellate Moot Court Board, the competition consists of several preliminary rounds, culminating in the final round argued before a distinguished panel of judges. This competition was established by USD Professor Michael Devitt to honor long time family friend, attorney and naval officer, Paul A. McLennon, Sr. 

Registration for this event has closed.

Esteemed Judges

Hon. Rosemary Barkett
Hon. M. Margaret McKeown
Hon. Louisa S Porter

Schedule

Final Round Competition - 6 p.m. (Warren Hall Grace Courtroom)
Dinner - 7 p.m. (University Center La Gran Terraza)

Case Before the Court

United States of America v. Andres Peralta

Respondent Andres Peralta, an undocumented immigrant residing in the fictional state of Sahara, was arrested, charged, and subsequently convicted for unlawful possession of a firearm as an unlawful resident of the United States under U.S.C. section 922 subdivision (g)(5) and the distribution of defense services in the form of technical data firearm blueprints under 22 U.S.C.A. section 2778 subdivisions (a) and (c).

Sahara is a sanctuary state and allows undocumented immigrants to partake legally in various state processes and programs. Peralta lived in Sahara for over ten years, received his high school and bachelor degree in South Sahara, and worked in a 3D printing shop in South Sahara. He managed his own webpage and posted various blueprints for other 3D printing hobbyists to print, assemble, and enjoy. After receiving a tip that Peralta was posting 3D blueprint files for a near-fully functional “3Dom Rider” semi-automatic handgun on his personal webpage, the FBI requested the webmaster shut down Peralta’s page displaying the handgun blueprint file. An FBI agent later went to Peralta’s home, and after being given consent by Peralta to enter, found a fully assembled 3Dom Rider handgun and the spare pieces necessary to build another functional 3Dom Rider. Peralta was subsequently arrested and charged under violations of U.S.C. section 922 subdivision (g)(5) and 22 U.S.C.A. section 2778 subdivisions (a) and (c).

Peralta argues that the charges brought against him are unconstitutional and should be dismissed. He first argues that “the people” as used in the First and Second Amendments applies to undocumented immigrants with substantial connections to the United States, a class to which Peralta argues he belongs. Second, he argues that his 3D printed handgun was subject to Second Amendment protections as a weapon in common use at the time and in use for a lawful purpose. Third, Peralta argues that his First Amendment rights were violated when his webpage was taken down by a webmaster acting on behalf of the government because his website was not directed or aimed at inciting imminent lawless action. 

In this tournament, the United States Supreme Court will address these three key issues: (1) Whether undocumented immigrants qualify as members of “the people” as it relates to First and Second Amendment protections; (2) Whether Peralta’s 3Dom Rider handgun was subject to protection under the Second Amendment; and (3) Whether the takedown of Peralta’s webpage violated Peralta’s First Amendment rights.

Directions and Parking

Visitors are required to display a valid permit Monday through Friday from 7 a.m. to 7 p.m. and are required to pay for parking on campus. Metered parking is available in multiple locations on campus, but we recommend you park in the Mission Parking Structure which is a short walk to Warren Hall and the University Center. Visit the Paid Parking Information page for additional information. 

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