No. 19-404

David Seth Worman, et al. v. Maura T. Healey, Attorney General of Massachusetts, et al.

Lower Court: First Circuit
Docketed: 2019-09-25
Status: Denied
Type: Paid
Amici (7)Relisted (7)
Tags: 2nd-amendment caetano civil-rights due-process firearms-ban heller heller-standard individual-right intermediate-scrutiny mcdonald second-amendment self-defense
Key Terms:
SecondAmendment Securities
Latest Conference: 2020-06-11 (distributed 7 times)
Question Presented (AI Summary)

Does Massachusetts' ban unconstitutionally infringe the individual right to keep and bear arms under the Second Amendment?

Question Presented (OCR Extract)

QUESTION PRESENTED This Court exhaustively analyzed the text, history, and tradition of the Second Amendment in District of Columbia v. Heller, 554 U.S. 570 (2008), concluding that the Second Amendment enshrines an individual right of self-defense, id. at 595, and protects common firearms that are “typically possessed by law-abiding citizens for lawful purposes,” id. at 625. The Court struck down the District of Columbia’s ban on possession of handguns and operable rifles and shotguns, holding a ban on arms typically possessed for lawful purposes is inconsistent with the Second Amendment’s text, history, and tradition. Jd. at 627-29. This Court confirmed Heller’s standard and applied it to the states in McDonald v. City of Chicago, 561 U.S. 742, 790-91 (2010). Six years later, the Court made clear the Heller standard was to be applied in reviewing the constitutionality of a state ban on possession of stun guns. Caetano v. Massachusetts, 136 S. Ct. 1027, 1027-28 (2016) (per curiam). Massachusetts prohibits the possession of firearms and ammunition magazines that are typically possessed by law-abiding, responsible citizens for lawful purposes, including self-defense. The court of appeals rejected Heller’s text, history, and tradition standard, instead applying a two-part approach to uphold the ban under intermediate scrutiny. App. 11-28. The question presented is: Does Massachusetts’ ban unconstitutionally infringe the individual right to keep and bear arms under the Second Amendment?

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.
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
2019-12-20
Reply of petitioners David Seth Worman, et al. filed. (Distributed)
2019-12-06
Brief of respondents Maura T. Healey, et al. in opposition filed.
2019-10-30
Brief amicus curiae of Commonwealth Second Amendment, Inc. filed.
2019-10-25
Brief amici curiae of Ninety-Four Members of the United States House of Representatives filed.
2019-10-25
Brief amicus curiae of The National Rifle Association of America, Inc. filed.
2019-10-25
Brief amicus curiae of National Shooting Sports Foundation filed.
2019-10-25
Motion to extend the time to file a response is granted and the time is extended to and including December 9, 2019.
2019-10-25
Brief amicus curiae of National African American Gun Association, Inc. filed.
2019-10-25
Brief amici curiae of National Association of Chiefs of Police et al. filed.
2019-10-24
Brief amici curiae of Cato Institute, et al. filed.
2019-10-22
Motion to extend the time to file a response from October 25, 2019 to December 9, 2019, submitted to The Clerk.
2019-09-23
Petition for a writ of certiorari filed. (Response due October 25, 2019)
2019-06-30
Application (19A11) granted by Justice Breyer extending the time to file until September 23, 2019.
2019-06-28
Application (19A11) to extend the time to file a petition for a writ of certiorari from July 25, 2019 to September 23, 2019, submitted to Justice Breyer.

Attorneys

Cato Institute, et al.
Joseph Gary Samuel GreenleeFirearms Policy Coalition, Amicus
Joseph Gary Samuel GreenleeFirearms Policy Coalition, Amicus
Commonwealth Second Amendment, Inc.
John Steven FoleyLaw Office of J. Steven Foley, Amicus
John Steven FoleyLaw Office of J. Steven Foley, Amicus
David Seth Worman, et al.
John Parker SweeneyBradley Arant Boult Cummings, LLP, Petitioner
John Parker SweeneyBradley Arant Boult Cummings, LLP, Petitioner
Maura T. Healey, et al.
Julia Eleanor KobickOffice of the Massachusetts Attorney General, Respondent
Julia Eleanor KobickOffice of the Massachusetts Attorney General, Respondent
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 Association of Chiefs of Police et al.
Dan Mark PetersonDan M. Peterson, PLLC, Amicus
Dan Mark PetersonDan M. Peterson, PLLC, Amicus
National Shooting Sports Foundation
Jonathan F. MitchellMitchell Law PLLC, Amicus
Jonathan F. MitchellMitchell Law PLLC, Amicus
Ninety-Four Members of the United States House of Representatives
Eddie Travis RameyBurr & Forman LLP, Amicus
Eddie Travis RameyBurr & Forman LLP, Amicus
The National Rifle Association of America, Inc.
Patrick StrawbridgeConsovoy McCarthy PLLC, Amicus
Patrick StrawbridgeConsovoy McCarthy PLLC, Amicus