No. 19-423

Brian Kirk Malpasso, et al. v. William M. Pallozzi, in His Official Capacity as Maryland Secretary of State Police

Lower Court: Fourth Circuit
Docketed: 2019-09-30
Status: Denied
Type: Paid
Amici (3)Response RequestedResponse WaivedRelisted (8) Experienced Counsel
Tags: 2nd-amendment carry circuit-split civil-rights constitutional-rights due-process handgun-carry heller law-abiding-citizens mcdonald second-amendment self-defense
Key Terms:
SecondAmendment JusticiabilityDoctri
Latest Conference: 2020-06-11 (distributed 8 times)
Question Presented (AI Summary)

Whether the Second Amendment allows the government to prohibit typical, law-abiding citizens from carrying handguns outside the home for self-defense

Question Presented (OCR Extract)

QUESTION PRESENTED Maryland prohibits its typical, law-abiding citizens from carrying a firearm outside the home without a permit, and provides permits only to those who can demonstrate, among other requirements, a “good and substantial reason” for carrying a firearm. 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, the Court held that this right “is fully applicable to the States,” 561 U.S. 742, 750 (2010). Since then, numerous courts of appeals have confronted, and have squarely divided on, the question of whether the Second Amendment allows the government to deprive typical, law-abiding citizens of all means of carrying a handgun for self-defense. This circuit split is open and acknowledged, and it is squarely presented by this case, in which the Fourth Circuit affirmed the constitutionality of a Maryland regime that prohibits law-abiding individuals from carrying a handgun unless they can demonstrate some particularized “good and substantial reason” that distinguishes them from the body of “the people” protected by the Second Amendment. The time has come for this Court to resolve this critical constitutional question and to restore to citizens of Maryland and the handful of other states that prohibit the carrying of handguns the fundamental rights that the Second Amendment guarantees the people. The question presented is: Whether the Second Amendment allows the government to prohibit typical, law-abiding citizens ii from carrying handguns outside the home for selfdefense in any manner.

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.
2020-01-08
Reply of petitioners Brian Kirk Malpasso, et al. filed. (Distributed)
2020-01-08
DISTRIBUTED for Conference of 1/24/2020.
2019-12-18
Brief of respondent William M. Pallozzi in opposition filed.
2019-11-18
Brief amici curiae of State of Alabama as Amici Curiae,et al. filed.
2019-11-18
Brief amicus curiae of National Rifle Association of America, Inc. filed.
2019-11-05
Motion to extend the time to file a response is granted and the time is extended to and including December 18, 2019.
2019-11-01
Motion to extend the time to file a response from November 18, 2019 to December 18, 2019, submitted to The Clerk.
2019-10-30
Brief amici curiae of Firearms Policy Coalition, et al. filed.
2019-10-18
Response Requested. (Due November 18, 2019)
2019-10-16
DISTRIBUTED for Conference of 11/1/2019.
2019-10-08
Blanket Consent filed by Respondent, William M. Pallozzi.
2019-10-08
Waiver of right of respondent William M. Pallozzi to respond filed.
2019-09-26
Petition for a writ of certiorari filed. (Response due October 30, 2019)
2019-07-15
Application (19A59) granted by The Chief Justice extending the time to file until September 26, 2019.
2019-07-11
Application (19A59) to extend the time to file a petition for a writ of certiorari from July 28, 2019 to September 26, 2019, submitted to The Chief Justice.

Attorneys

Brian Kirk Malpasso, et al.
Paul D. ClementKirkland & Ellis LLP, Petitioner
Firearms Policy Coalition, Firearms Policy Foundation, California Gun Rights Foundation, Madison Society Foundation, and Second Amendment Foundation
Joseph Gary Samuel GreenleeFirearms Policy Coalition, Amicus
National Rifle Association of America, Inc.
John Parker SweeneyBradley Arant Boult Cummings, LLP, Amicus
State of Alabama as Amici Curiae
Edmund Gerard LaCour Jr.Office of the Attorney General, Amicus
William M. Pallozzi
Julia Doyle Bernhardt — Respondent