No. 18-824

Thomas Rogers, et al. v. Gurbir Grewal, Attorney General of New Jersey, et al.

Lower Court: Third Circuit
Docketed: 2019-01-02
Status: Denied
Type: Paid
Amici (6)Response RequestedResponse WaivedRelisted (8) Experienced Counsel
Tags: 2nd-amendment carry circuit-split constitutional-carry firearm-rights heller-v-dc intermediate-scrutiny licensing second-amendment self-defense
Key Terms:
SecondAmendment Securities JusticiabilityDoctri
Latest Conference: 2020-06-11 (distributed 8 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 Courts of Appeals for the District of Columbia and Ninth Circuits have 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); accord Young v. Hawaii, 896 F.3d 1044, 1074 (9th Cir. 2018). By contrast, the court below, along with the First, Second, 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. Justice Thomas, with whom Justice Kavanaugh joins as to all but Part II, dissenting from the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/19pdf/18-824_2cp3.pdf'>Opinion</a>)
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.
2020-04-29
Supplemental brief of petitioners Thomas Rogers, et al. filed. (Distributed)
2020-04-27
DISTRIBUTED for Conference of 5/1/2020.
2019-05-07
DISTRIBUTED for Conference of 5/23/2019.
2019-05-03
Reply of petitioners Thomas Rogers, et al. filed. (Distributed)
2019-04-19
Brief of respondents Gurbir Grewal, et al. in opposition filed.
2019-03-15
Motion to extend the time to file a response is granted and the time is extended to and including April 19, 2019, for all respondents.
2019-03-12
Motion to extend the time to file a response from March 21, 2019 to April 19, 2019, submitted to The Clerk.
2019-02-19
Response Requested. (Due March 21, 2019)
2019-02-06
DISTRIBUTED for Conference of 2/22/2019.
2019-02-01
Brief amicus curiae of National Rifle Association of America, Inc. filed.
2019-02-01
Brief amici curiae of Coalition of New Jersey Firearms Owners, et al. filed.
2019-02-01
Brief amicus curiae of American Civil Rights Union filed.
2019-02-01
Brief amici curiae of Law Enforcement Groups et al. filed.
2019-01-31
Brief amicus curiae of National African American Gun Association, Inc. filed.
2019-01-29
Waiver of right of respondent Kenneth J. Brown, Jr. to respond filed.
2019-01-28
Waiver of right of respondents Gurbir Grewal, et al. to respond filed.
2019-01-24
Blanket Consent filed by Respondents, Gurbir Grewal, et al.
2019-01-18
Brief amici curiae of Attorney's General of Arizona, et al. filed.
2019-01-04
Blanket Consent filed by Petitioners, Thomas Rogers, et al.
2018-12-20
Petition for a writ of certiorari filed. (Response due February 1, 2019)

Attorneys

American Civil Rights Union
Kenneth Alan KlukowskiAmerican Civil Rights Union, Amicus
Kenneth Alan KlukowskiAmerican Civil Rights Union, Amicus
Attorney's General of Arizona, et al.
Oramel Horace SkinnerArizona Attorney General's Office, Amicus
Oramel Horace SkinnerArizona Attorney General's Office, Amicus
Coalition of New Jersey Firearms Owners, et al.
David D. JensenDavid Jensen PLLC, Amicus
David D. JensenDavid Jensen PLLC, Amicus
Gurbir Grewal, et al.
Stuart Mark FeinblattOffice of the Attorney General of New Jersey, Respondent
Stuart Mark FeinblattOffice of the Attorney General of New Jersey, Respondent
Kenneth J. Brown, Jr.
Mitchell B. JacobsCleary Giacobbe Alfieri Jacobs, LLC, Respondent
Mitchell B. JacobsCleary Giacobbe Alfieri Jacobs, LLC, Respondent
Law Enforcement Groups et al.
Dan Mark PetersonDan M. Peterson, PLLC, Amicus
Dan Mark PetersonDan M. Peterson, PLLC, Amicus
National African American Gun Association, Inc.
Stephen Porter HalbrookStephen P. Halbrook, PH.D.Attorney at Law, Amicus
Stephen Porter HalbrookStephen P. Halbrook, PH.D.Attorney at Law, Amicus
National Rifle Association of America, Inc.
John Parker SweeneyBradley Arant Boult Cummings, LLP, Amicus
John Parker SweeneyBradley Arant Boult Cummings, LLP, Amicus
Thomas Rogers, et al.
Paul D. ClementKirkland & Ellis LLP, Petitioner
Paul D. ClementKirkland & Ellis LLP, Petitioner