No. 21-1249

John E. Cassidy v. Massachusetts

Lower Court: Massachusetts
Docketed: 2022-03-15
Status: Denied
Type: Paid
Response Waived
Tags: due-process firearm-licensing firearm-possession home-possession licensing-scheme new-residents privileges-and-immunities second-amendment strict-scrutiny
Key Terms:
DueProcess Securities
Latest Conference: 2022-05-12
Question Presented (AI Summary)

Does the Second Amendment's core protections, the Due Process Clause, and Privileges and Immunities Clause extend to new residents when they import legally acquired firearms to a new state?

Question Presented (OCR Extract)

QUESTION PRESENTED John Cassidy has been convicted of seven firearm offenses for firearms he possessed solely inside his home as a new resident to Massachusetts. Under Massa; chusetts’s gun licensing scheme a carrying license is required for possession of certain firearms and devices kept inside one’s home. New residents to the state are unable to ‘import’ common firearms to this state without having to confront government officials with un. bridled discretionary powers to prosecute felonies under Massachusetts’s gun licensing scheme. Questions presented: 1. Does The Second Amendment’s ‘core’ protec: tions, The Due Process Clause, and Privileges and Immunities Clause extend to new residents when they ‘import’ legally acquired firearms to a new state? | 2. When reviewing a state’s firearm licensing scheme under The Second and Fourteenth Amendment is the state’s licensing scheme reviewed under strict scrutiny when charges arise from a new resident’s continued possession of legally acquired firearms inside their new home? — 3. Is a new resident’s actual ability to obtain a state license a mitigating factor for consideration when the state licensing scheme mandates felony con~ victions for in home possession of firearms, triggering a lifetime ban on exercise of ‘core’ protections of in ; home possession?

Docket Entries

2022-05-16
Petition DENIED.
2022-04-20
DISTRIBUTED for Conference of 5/12/2022.
2022-04-14
Waiver of right of respondent Massachusetts to respond filed.
2022-03-01
Petition for a writ of certiorari filed. (Response due April 14, 2022)

Attorneys

John Cassidy
John E. Cassidy — Petitioner
Massachusetts
Anna E. LumelskyMassachusetts Attorney General's Office, Respondent