No. 18-496

Barry Michaels v. Matthew G. Whitaker, Acting Attorney General, et al.

Lower Court: Ninth Circuit
Docketed: 2018-10-17
Status: Denied
Type: Paid
Amici (1)
Tags: 2nd-amendment civil-rights constitutional-challenge district-of-columbia-v-heller due-process felon-disarmament felons firearms-restriction heller heller-precedent law-abiding-citizens second-amendment standing
Key Terms:
SecondAmendment
Latest Conference: 2019-01-11
Question Presented (AI Summary)

What does the phrase 'law-abiding, responsible citizens' mean?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Two important, unresolved federal questions arose from this Court’s landmark decision, District of Columbia v. Heller, 554 U.S. 570 (2008) (“Heller” throughout). The questions resonate throughout the circuit courts with uneven resolution and application, adversely affecting millions of felons including Petitioner, that have served their sentences and have returned to free society, living responsible lives in full compliance with the law. Depending on how these questions are answered, determines whether a felon is entitled to lodge an as-applied challenge to the constitutionality of a felon disarmament law such as 18 U.S.C. §922(g)(1). The questions presented are as follows: 1. What does the phrase “law-abiding, responsible citizens” mean? 2. What does it mean to say that “longstanding prohibitions on the possession of firearms by felons” are “presumptively lawful regulatory measures?”

Docket Entries

2019-01-14
Motion to substitute DENIED.
2019-01-14
Petition DENIED.
2018-12-26
DISTRIBUTED for Conference of 1/11/2019.
2018-12-21
Reply of petitioner Barry Michaels filed.
2018-12-17
Brief of respondents Matthew G. Whitaker, Acting Attorney General, et al. in opposition filed.
2018-11-28
Reply in support of motion to substitute filed by petitioner.
2018-11-26
Response to motion to substitute from respondents filed.
2018-11-26
Motion for leave to file amicus brief filed by Morton Rosenberg. (11/29/2018)
2018-11-16
Motion to substitute filed by petitioner.
2018-11-09
Motion to extend the time to file a response is granted and the time is extended to and including December 17, 2018.
2018-11-07
Motion to extend the time to file a response from November 16, 2018 to December 17, 2018, submitted to The Clerk.
2018-06-27
Petition for a writ of certiorari filed. (Response due November 16, 2018)

Attorneys

Barry Michaels
Michael Eliot ZapinLaw Offices of Michael E. Zapin, Petitioner
Michael Eliot ZapinLaw Offices of Michael E. Zapin, Petitioner
Matthew G. Whitaker, Acting Attorney General, et al.
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Morton Rosenberg
Joseph Carl CecereCecere, PC, Amicus
Joseph Carl CecereCecere, PC, Amicus