Question Presented (AI Summary)
Whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense
Question Presented (OCR Extract)
QUESTION PRESENTED New York prohibits its ordinary law-abiding citizens from carrying a handgun outside the home without a license, and it denies licenses to every citizen who fails to convince the state that he or she has “proper cause” to carry 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). For more than a decade since then, numerous courts of appeals have squarely divided on this critical question: whether the Second Amendment allows the government to deprive ordinary law-abiding citizens of the right to possess and carry a handgun outside the home. This circuit split is open and acknowledged, and it is squarely presented by this petition, in which the Second Circuit affirmed the constitutionality of a New York regime that prohibits law-abiding individuals from carrying a handgun unless they first demonstrate some form of “proper cause” 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 impasse and reaffirm the citizens’ fundamental right to carry a handgun for self-defense. The question presented is: Whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for selfdefense.
Docket Entries
2022-07-25
JUDGMENT ISSUED
2022-06-23
Judgment REVERSED and case REMANDED. Thomas, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/21pdf/20-843_new_m648.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Alito, J., filed a concurring opinion. Kavanaugh, J., filed a concurring opinion, in which Roberts, C. J., joined. Barrett, J., filed a concurring opinion. Breyer, J., filed a dissenting opinion, in which Sotomayor and Kagan,
JJ., joined.
2022-01-28
Letter of amicus curiae Commonwealth of Virginia notifying the Court of the Commonwealth’s change in position filed (Revised letter of 2/18/22). (Distributed)
2021-11-03
Argued. For petitioners: Paul D. Clement, Washington, D. C. For respondents: Barbara D. Underwood, Solicitor General, New York, N. Y.; and Brian H. Fletcher, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
2021-10-18
The time for oral argument is allotted as follows: 35 minutes for petitioners, 20 minutes for respondents, and 15 minutes for the Acting Solicitor General.
2021-10-14
Reply of petitioners New York State Rifle & Pistol Association, Inc., et al. filed. (Distributed)
2021-10-12
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
2021-10-12
Motion for leave to file amici brief out of time filed by Criminal Legal Scholars GRANTED.
2021-09-23
Motion for leave to file amici brief out of time filed by Criminal Legal Scholars.
2021-09-21
Brief amicus curiae of United States filed. (Distributed)
2021-09-21
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
2021-09-21
Brief amicus curiae of Everytown for Gun Safety filed. (Distributed)
2021-09-21
Brief amici curiae of The National Coalition Against Domestic Violence, et al. filed. (Distributed)
2021-09-21
Brief amicus curiae of Giffords Law Center to Prevent Gun Violence filed. (Distributed)
2021-09-21
Brief amici curiae of States of California, et al. filed. (Distributed)
2021-09-21
Brief amici curiae of American Civil Liberties Union and New York Civil Liberties Union filed. (Distributed)
2021-09-21
Brief amicus curiae of Violence Policy Center filed. (Distributed)
2021-09-21
Brief amicus curiae of American Bar Association filed. (Distributed)
2021-09-21
Brief amici curiae of Former Major City Police Chiefs filed. (Distributed)
2021-09-21
Brief amicus curiae of Americans Against Gun Violence filed. (Distributed)
2021-09-21
Brief amici curiae of United States Senators Charles E. Schumer, et al. filed. (Distributed)
2021-09-21
Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc. and National Urban League filed. (Distributed)
2021-09-21
Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. filed. (Distributed)
2021-09-21
Brief amicus curiae of City of New York filed. (Distributed)
2021-09-21
Brief amici curiae of American Medical Association, et al. filed. (Distributed)
2021-09-21
Brief amici curiae of Professors of History and Law filed. (Distributed)
2021-09-21
Brief amicus curiae of New York County Lawyers Association filed. (Distributed)
2021-09-21
Brief amici curiae of Former National Security Officials filed. (Distributed)
2021-09-21
Brief amicus curiae of March For Our Lives Action Fund filed. (Distributed)
2021-09-21
Brief amicus curiae of Brady filed. (Distributed)
2021-09-21
Brief amici curiae of City of Chicago and Eleven Other Cities filed. (Distributed)
2021-09-21
Brief amicus curiae of Citizens Crime Commission of New York City filed. (Distributed)
2021-09-21
Brief amici curiae of Members of the Business Community filed. (Distributed)
2021-09-21
Brief amicus curiae of The Partnership for New York City filed. (Distributed)
2021-09-21
Brief amici curiae of Corpus Linguistics Professors and Experts filed. (Distributed)
2021-09-21
Brief amici curiae of Presiding Bishop and President of the House of Deputies of the Episcopal Church, et al. filed. (Distributed)
2021-09-21
Brief amicus curiae of John Elson filed. (Distributed)
2021-09-21
Brief amici curiae of National League of Cities, et al. filed. (Distributed)
2021-09-21
Brief amici curiae of The Educational Fund to Stop Gun Violence and 35 Other Organizations filed. (Distributed)
2021-09-21
Brief amici curiae of Social Scientists and Public Health Researchers in Support of Respondents filed. (Distributed)
2021-09-21
Brief amicus curiae of Prosecutors Against Gun Violence filed. (Distributed)
2021-09-20
Brief amicus curiae of League of Women Voters filed. (Distributed)
2021-09-20
Brief amici curiae of Amnesty International USA, et al. filed. (Distributed)
2021-09-14
Brief of respondents Kevin P. Bruen, et al. filed.
2021-09-14
Brief amicus curiae of Neal Goldfarb filed.
2021-09-13
Brief amici curiae of J. Michael Luttig, et al. filed.
2021-09-01
Record requested from the U.S.C.A. 2nd Circuit.
2021-09-01
The record from the U.S.C.A. 2nd Circuit has been electronically filed.
2021-09-01
The record from the U.S.D.C. Northern District of New York has been electronically filed.
2021-08-16
ARGUMENT SET FOR Wednesday, November 3, 2021.
2021-07-20
Brief amicus curiae of J. Joel Alicea filed.
2021-07-20
Brief amici curiae of Black Attorneys of Legal Aid, et al. filed.
2021-07-20
Brief amicus curiae of American Constitutional Rights Union filed.
2021-07-20
Brief amicus curiae of National Shooting Sports Foundation Inc. filed.
2021-07-20
Brief amicus curiae of The Independent Institute filed.
2021-07-20
Brief amici curiae of State of Arizona, et al. filed.
2021-07-20
Brief amicus curiae of Governor of Texas filed.
2021-07-20
Brief amici curiae of Law Enforcement Groups and State and Local Firearms Rights Groups filed.
2021-07-20
Brief amicus curiae of American Center for Law and Justice filed.
2021-07-20
Brief amici curiae of The Liberal Gun Club and Commonwealth Second Amendment filed.
2021-07-20
Brief amici curiae of California Rifle & Pistol Association, Incorporated and Second Amendment Law Center, Inc filed.
2021-07-20
Brief amicus curiae of Gun Owners of America, Inc., Gun Owners Foundation, and Heller Foundation filed.
2021-07-20
Brief amici curiae of William English, Ph.D. and The Center for Human Liberty filed.
2021-07-20
Brief amici curiae of Second Amendment Foundation, et al. filed.
2021-07-20
Brief amici curiae of Lambert Henry, Russell Davenport, and Peter Fusco filed.
2021-07-20
Brief amici curiae of Center for Defense of Free Enterprise, et al. filed.
2021-07-20
Brief amicus curiae of The Cato Institute filed.
2021-07-20
Brief amicus curiae of The League for Sportsmen, Law Enforcement and Defense filed.
2021-07-20
Brief amici curiae of United States Senator Ted Cruz, and 24 Other U.S. Senators filed.
2021-07-20
Brief amici curiae of National Foundation for Gun Rights and National Association for Gun Rights filed.
2021-07-20
Brief amici curiae of Black Guns Matter, et al. filed.
2021-07-20
Brief amici curiae of Professors Robert Leider and Nelson Lund, and the Buckeye Firearms Association filed.
2021-07-20
Brief amicus curiae of Asian Pacific American Gun Owners Association filed.
2021-07-20
Brief amici curiae of FPC American Victory Fund, et al. filed.
2021-07-20
Brief amicus curiae of Madison Society Foundation, Inc. filed.
2021-07-20
Brief amicus curiae of The Rutherford Institute filed.
2021-07-20
Brief amicus curiae of The Goldwater Institute filed.
2021-07-20
Brief amici curiae of The Firearms Policy Coalition and Professor Joyce Lee Malcolm filed.
2021-07-20
Brief amicus curiae of Independent Women's Law Center filed.
2021-07-20
Brief amicus curiae of NRA Civil Rights Defense Fund filed.
2021-07-20
Brief amicus curiae of California Gun Rights Foundation filed.
2021-07-20
Brief amici curiae of Second Amendment Law Professors in support of neither party filed.
2021-07-20
Brief amicus curiae of Crime Prevention Research Center filed.
2021-07-19
Brief amicus curiae of Citizens Committee for the Right to Keep and Bear Arms filed.
2021-07-19
Brief amici curiae of Representative Claudia Tenney and 175 Additional Members of the U.S. House of Representatives filed.
2021-07-19
Brief amicus curiae of The Buckeye Institute filed.
2021-07-19
Brief amici curiae of The DC Project Foundation; Operation Blazing Sword—Pink Pistols; Jews for the Preservation of Firearms Ownership filed.
2021-07-19
Brief amicus curiae of Patrick J. Charles in support of neither party filed.
2021-07-16
Brief amicus curiae of National African American Gun Association, Inc. filed.
2021-07-16
Brief amicus curiae of Mountain States Legal Foundation's Center to Keep and Bear Arms filed.
2021-07-16
Brief amicus curiae of George K. Young Jr. filed.
2021-07-15
Brief amicus curiae of Association of New Jersey Rifle & Pistol Clubs, Inc. filed.
2021-07-15
Brief amici curiae of Italo-American Jurists and Attorneys filed.
2021-07-14
Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
2021-07-14
Brief amici curiae of Bay Colony Weapons Collectors, Inc. filed.
2021-07-13
Brief of petitioners New York State Rifle & Pistol Association, Inc., et al. filed.
2021-07-13
Joint appendix filed. (Statement of cost filed)
2021-07-13
Brief amici curiae of Professors of Second Amendment Law, et al. filed.
2021-07-09
Brief amicus curiae of Alabama Center for Law and Liberty filed.
2021-06-25
Motion to further extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is further extended to and including July 13, 2021. The time to file respondents' brief on the merits is further extended to and including September 14, 2021.
2021-06-16
Motion for an further extension of time to file the briefs on the merits filed.
2021-05-27
Blanket Consent filed by Petitioner, New York State Rifle & Pistol Association, Inc., et al.
2021-05-11
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 2, 2021. The time to file respondents' brief on the merits is extended to and including August 23, 2021.
2021-05-07
Motion for an extension of time file the briefs on the merits filed.
2021-04-26
Petition GRANTED limited to the following question: Whether the State's denial of petitioners' applications for concealed-carry licenses for self-defense violated the Second Amendment.
2021-04-19
DISTRIBUTED for Conference of 4/23/2021.
2021-04-12
DISTRIBUTED for Conference of 4/16/2021.
2021-03-29
DISTRIBUTED for Conference of 4/1/2021.
2021-03-10
DISTRIBUTED for Conference of 3/26/2021.
2021-03-10
Reply of petitioners New York State Rifle & Pistol Association, Inc., et al. filed. (Distributed)
2021-02-22
Brief of respondents Keith M. Corlett, et al. in opposition filed.
2021-02-12
Brief amicus curiae of Neal Goldfarb filed. (Brief corrected 3/1/21)
2021-01-22
Brief amicus curiae of Korte Enterprises, LLC, d/b/a Korte Tree Care filed.
2021-01-22
Brief amici curiae of State of Missouri.et al. filed.
2021-01-22
Brief amici curiae of Law Enforcement Groups and State and Local Firearms Rights Groups filed.
2021-01-21
Brief amici curiae of Firearms Policy Coalition and Firearms Policy Foundation filed.
2021-01-11
Motion to extend the time to file a response is granted and the time is extended to and including February 22, 2021.
2021-01-08
Motion to extend the time to file a response from January 22, 2021 to February 22, 2021, submitted to The Clerk.
2020-12-23
Blanket Consent filed by Petitioner, New York State Rifle & Pistol Association, Inc., et al.
2020-12-17
Petition for a writ of certiorari filed. (Response due January 22, 2021)
Attorneys
A Girl & A Gun Women's Shooting League
Alabama Center for Law and Liberty
American Center for Law and Justice
American Civil Liberties Union and New York Civil Liberties Union
American Constitutional Rights Union
American Medical Association, Medical Society of The State of New York, American Academy of Pediatrics, and American Academy of Child and Adolescent Psychiatry
Americans Against Gun Violence
Amnesty International USA
Asian Pacific American Gun Owners Association
Association of New Jersey Rifle & Pistol Clubs, Inc.
Bay Colony Weapons Collectors, Inc.
Black Attorneys of Legal Aid, The Bronx Defenders, Brooklyn Defender Services, et al.
Black Guns Matter, et al.
California Gun Rights Foundation
California Rifle & Pistol Association, Incorporated and Second Amendment Law Center, Inc
Center for Defense of Free Enterprise, et al.
Citizens Committee for the Right to Keep and Bear Arms
Citizens Crime Commission of New York City
City of Chicago and Eleven Other Cities
Claremont Institute's Center for Constitutional Jurisprudence
Commonwealth Second Amendment, Inc.
Corpus Linguistics Professors and Experts
Crime Prevention Research Center
Former National Security Officials
FPC American Victory Fund, Coalition of New Jersey Firearms Owners, San Diego County Gun Owners, Orange County Gun Owners, Riverside County Gun Owners, California County Gun Owners, and Knife Rights Foundation, Inc.
Giffords Law Center to Prevent Gun Violence
Gun Owners of America, Inc., Gun Owners Foundation, and Heller Foundation
Independent Women's Law Center
Italo-American Jurists and Attorneys
J. Michael Luttig, et al.
Korte Enterprises, LLC, d/b/a Korte Tree Care
Lambda Legal Defense and Education Fund, Inc., et al.
Lambert Henry, Russell Davenport, and Peter Fusco
Law Enforcement Groups and State and Local Firearms Rights Groups
Madison Society Foundation, Inc.
Members of the Business Community
Mountain States Legal Foundation's Center to Keep and Bear Arms
NAACP Legal Defense & Educational Fund, Inc. and National Urban League
National African American Gun Association, Inc.
National Foundation for Gun Rights and National Association for Gun Rights
National League of Cities et al.
National Shooting Sports Foundation Inc.
New York County Lawyers Association
New York State Rifle & Pistol Association, Inc., et al.
NRA Civil Rights Defense Fund
Presiding Bishop and President of the House of Deputies of the Episcopal Church; et al.
Professors of History and Law
Professors of Second Amendment Law, et al.
Professors Robert Leider and Nelson Lund, and the Buckeye Firearms Association
Prosecutors Against Gun Violence
Representative Claudia Tenney and 175 Additional Members of the U.S. House of Representatives
Second Amendment Foundation, et al.
Second Amendment Law Professors
Social Scientists and Public Health Researchers in Support of Respondents
States of California, et al.
The DC Project Foundation; Operation Blazing Sword—Pink Pistols; Jews for the Preservation of Firearms Ownership
The Educational Fund to Stop Gun Violence and 35 Other Organizations
The Firearms Policy Coalition and Professor Joyce Lee Malcolm
The Independent Institute
THE LEAGUE FOR SPORTSMEN, LAW ENFORCEMENT AND DEFENSE
The League for Sportsmen, Law Enforcement, and Defense
The Liberal Gun Club and Commonwealth Second Amendment
The National Coalition Against Domestic Violence, et al.
The Partnership for New York City
United States Senator Ted Cruz, and 24 Other U.S. Senators
United States Senators Charles E. Schumer, et al.
William English, Ph.D. and The Center for Human Liberty