No. 20-1639

George K. Young, Jr. v. Hawaii, et al.

Lower Court: Ninth Circuit
Docketed: 2021-05-25
Status: GVR
Type: Paid
Amici (6)Relisted (2) Experienced Counsel
Tags: 2nd-amendment circuit-split civil-rights concealed-carry due-process home-defense right-to-bear-arms second-amendment self-defense standing
Key Terms:
SecondAmendment DueProcess JusticiabilityDoctri
Latest Conference: 2022-06-29 (distributed 2 times)
Question Presented (AI Summary)

Whether the Ninth Circuit erred in holding that the Second Amendment does not apply outside the home

Question Presented (from Petition)

QUESTIONS PRESENTED On April 26, 2021, this Court granted review in New York State Rifle & Pistol Association, Inc., v. Corlett, No. 20-843, 593 U.S.__ ((NYSRPA”). As modified by the Court in its order granting certiorari, the issue presented in NYSRPA is “[w]hether the State’s denial of petitioners’ applications for concealed-carry licenses for selfdefense violated the Second Amendment.” This petition raises the same issue. Like the New York statute at issue in NYSRPA, Hawaii will not issue a permit to carry a firearm to an ordinary citizen for purposes of self-defense. Like the petitioners in NYSRPA, petitioner’s application for a carry permit (open or concealed) was denied because self-defense is categorically an insufficient reason. Indeed, in sustaining the denial of petitioner’s application, the en banc Ninth Circuit majority held that the Second Amendment does not apply outside the home at all, a holding in direct conflict with the holdings of the D.C., First and Seventh Circuits and inconsistent with the approaches followed by all other circuits to have reached the issue. The questions presented are: 1. Whether the Ninth Circuit erred in holding, in direct conflict with the holdings of the First, Seventh and D.C. Circuits, that the Second Amendment does not apply outside the home at all. 2. Whether the denial of petitioner’s application for a handgun carry license for selfdefense violated the Second Amendment. i

Docket Entries

2022-08-01
JUDGMENT ISSUED
2022-06-30
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>New York State Rifle & Pistol Assn., Inc.</i> v. <i>Bruen</i>, 597 U. S. ___ (2022).
2022-06-29
DISTRIBUTED for Conference of 6/29/2022.
2021-08-23
Reply of petitioner George K. Young, Jr. filed. (Distributed)
2021-08-11
DISTRIBUTED for Conference of 9/27/2021.
2021-07-26
Brief of respondents Hawaii, et al. in opposition filed.
2021-06-24
Brief amici curiae of Firearms Policy Coalition and Firearms Policy Foundation filed.
2021-06-24
Brief amicus curiae of Mountain States Legal Foundation Center to Keep and Bear Arms filed.
2021-06-24
Brief amici curiae of Louisiana, Arizona, Montana, and Eighteen Other States filed.
2021-06-24
Brief amicus curiae of Gun Owners of America, Inc., Gun Owners Foundation, Heller Foundation, Virginia Citizens Defense League, Conservative Legal Defense and Education Fund, and Restoring Liberty Action Committee filed.
2021-06-24
Brief amicus curiae of Hawaii Firearms Coalition filed.
2021-06-22
Brief amicus curiae of Hawaii Rifle Association filed.
2021-06-09
Motion to extend the time to file a response is granted and the time is extended to and including July 26, 2021.
2021-06-08
Motion to extend the time to file a response from June 24, 2021 to July 26, 2021, submitted to The Clerk.
2021-05-25
Blanket Consent filed by Petitioner, George K. Young, Jr.
2021-05-11
Petition for a writ of certiorari filed. (Response due June 24, 2021)

Attorneys

Firearms Policy Coalition and Firearms Policy Foundation
David T. Hardy — Amicus
David T. Hardy — Amicus
George K. Young, Jr.
Alan Alexander BeckLaw Offices of Alan Beck, Petitioner
Alan Alexander BeckLaw Offices of Alan Beck, Petitioner
Gun Owners of America, Inc., Gun Owners Foundation, Heller Foundation, Virginia Citizens Defense League, Conservative Legal Defense and Education Fund, and Restoring Liberty Action Committee
William Jeffrey OlsonWilliam J. Olson, P.C., Amicus
William Jeffrey OlsonWilliam J. Olson, P.C., Amicus
Hawaii Firearms Coalition
Amy L. BellantoniThe Bellantoni Law Firm, PLLC, Amicus
Amy L. BellantoniThe Bellantoni Law Firm, PLLC, Amicus
Hawaii Rifle Association
Kevin Gerard O'GradyThe Law Office of Kevin O'Grady, LLC, Amicus
Kevin Gerard O'GradyThe Law Office of Kevin O'Grady, LLC, Amicus
Louisiana, Arizona, Montana, and Eighteen Other States
Elizabeth Baker MurrillOffice of the Attorney General, Amicus
Elizabeth Baker MurrillOffice of the Attorney General, Amicus
Mountain States Legal Foundation Center to Keep and Bear Arms
Cody James WisniewskiMountain States Legal Foundation, Amicus
Cody James WisniewskiMountain States Legal Foundation, Amicus
State of Hawaii, et al.
Neal Kumar KatyalHogan Lovells US LLP, Respondent
Neal Kumar KatyalHogan Lovells US LLP, Respondent