No. 18-1272

Michael Gould, et al. v. Andrew Lipson, in His Official Capacity as Chief of the Brookline Police Department, et al.

Lower Court: First Circuit
Docketed: 2019-04-04
Status: Denied
Type: Paid
Relisted (7) Experienced Counsel
Tags: 2nd-amendment circuit-split civil-procedure civil-rights constitutional-rights due-process firearm-restrictions good-reason intermediate-scrutiny right-to-bear-arms right-to-carry second-amendment self-defense standing takings
Key Terms:
SecondAmendment
Latest Conference: 2020-06-11 (distributed 7 times)
Question Presented (AI Summary)

Whether the Second Amendment protects the right to carry a firearm outside the home for self-defense

Question Presented (OCR Extract)

QUESTIONS PRESENTED In District of Columbia v. Heller, this Court held that the Second Amendment protects “the individual right to possess and carry weapons in case of confrontation,” 554 U.S. 570, 592 (2008), and in McDonald v. City of Chicago, it determined that this right “is fully applicable to the States,” 561 U.S. 742, 750 (2010). The Court of Appeals for the District of Columbia Circuit has concluded that the right to carry a firearm extends outside the home and that licensing restrictions that require citizens to show a special need for carrying a firearm effectively “destroy[ ] the ordinarily situated citizen’s right to bear arms” and therefore are categorically unconstitutional. Wrenn v. District of Columbia, 864 F.3d 650, 666 (D.C. Cir. 2017). By contrast, the court below, along with the Second, Third, and Fourth Circuits, have upheld substantively indistinguishable licensing restrictions under a watered-down “intermediate scrutiny” analysis. The questions presented are: 1. Whether the Second Amendment protects the right to carry a firearm outside the home for selfdefense. 2. Whether the government may deny categorically the exercise of the right to carry a firearm outside the home to typical law-abiding citizens by conditioning the exercise of the right on a showing of a special need to carry a firearm.

Docket Entries

2020-06-15
Petition DENIED.
2020-06-08
DISTRIBUTED for Conference of 6/11/2020.
2020-06-01
DISTRIBUTED for Conference of 6/4/2020.
2020-05-22
DISTRIBUTED for Conference of 5/28/2020.
2020-05-18
DISTRIBUTED for Conference of 5/21/2020.
2020-05-11
DISTRIBUTED for Conference of 5/15/2020.
2020-04-27
DISTRIBUTED for Conference of 5/1/2020.
2019-05-21
DISTRIBUTED for Conference of 6/6/2019.
2019-05-20
Reply of petitioners Michael Gould, et al. filed. (Distributed)
2019-05-06
Brief of respondent Commonwealth of Massachusetts in opposition filed.
2019-05-06
Brief of respondents Andrew Lipson, et al. in opposition filed.
2019-04-30
Letter of substitution of respondent received.
2019-04-09
Blanket Consent filed by Petitioners, Michael Gould, et al.
2019-04-01
Petition for a writ of certiorari filed. (Response due May 6, 2019)
2018-12-26
Application (18A660) granted by Justice Breyer extending the time to file until April 1, 2019.
2018-12-21
Application (18A660) to extend the time to file a petition for a writ of certiorari from January 31, 2019 to April 1, 2019, submitted to Justice Breyer.

Attorneys

Andrew Lipson, et al.
Deepak GuptaGupta Wessler PLLC, Respondent
Deepak GuptaGupta Wessler PLLC, Respondent
Commonwealth of Massachusetts
Timothy James CaseyMassachusetts Attorney General's Office, Respondent
Timothy James CaseyMassachusetts Attorney General's Office, Respondent
Michael Gould, et al.
David H. ThompsonCooper & Kirk, PLLC, Petitioner
David H. ThompsonCooper & Kirk, PLLC, Petitioner