No. 20-1419

Reb Russell, II v. New Jersey

Lower Court: New Jersey
Docketed: 2021-04-09
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: 2nd-amendment civil-procedure civil-rights constitutional-rights due-process firearm-carry home-defense intermediate-scrutiny second-amendment self-defense standing takings
Key Terms:
SecondAmendment Securities JusticiabilityDoctri
Latest Conference: 2021-09-27 (distributed 2 times)
Question Presented (AI Summary)

Whether the Second Amendment protects the right to carry arms outside of 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 of 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). Contrarily, the First, Second, Third, and Fourth Circuits have upheld substantively indistinguishable “good reason”-based licensing restrictions under a diluted “intermediate scrutiny” analysis, and the state courts below upheld New Jersey’s “justifiable need” restriction absent any apparent scrutiny analysis. The Questions Presented are: 1. Whether the Second Amendment protects the right to carry arms outside of the home for self-defense. 2. Whether the government may deny lawabiding citizens their exercise of the right to carry a handgun outside of their homes by conditioning the exercise of the right on showings of need.

Docket Entries

2021-10-04
Petition DENIED.
2021-08-04
DISTRIBUTED for Conference of 9/27/2021.
2021-07-26
Reply of petitioner Reb Russell filed.
2021-07-15
Brief of respondent State of New Jersey in opposition filed.
2021-06-09
Motion to extend the time to file a response from June 16, 2021 to July 16, 2021, submitted to The Clerk.
2021-06-09
Motion to extend the time to file a response is granted and the time is extended to and including July 16, 2021.
2021-05-17
Response Requested. (Due June 16, 2021)
2021-05-11
DISTRIBUTED for Conference of 5/27/2021.
2021-04-13
Waiver of right of respondent New Jersey to respond filed.
2021-04-02
Petition for a writ of certiorari filed. (Response due May 10, 2021)

Attorneys

New Jersey
Jeffrey L. WeinsteinHunterdon County Prosecutor's Office, Respondent
Jeffrey L. WeinsteinHunterdon County Prosecutor's Office, Respondent
Reb Russell
Louis Phillip NappenEvan F. Nappen Attorney at Law, P.C., Petitioner
Louis Phillip NappenEvan F. Nappen Attorney at Law, P.C., Petitioner
State of New Jersey
Jeffrey Louis WeinsteinHunterdon County Prosecutor's Office, Respondent
Jeffrey Louis WeinsteinHunterdon County Prosecutor's Office, Respondent