No. 21-5464

Steven Eric Walker v. United States, et al.

Lower Court: Ninth Circuit
Docketed: 2021-08-24
Status: Denied
Type: IFP
Response WaivedRelisted (3)IFP
Tags: 2nd-amendment civil-rights constitutional-rights due-process government-regulation individual-liberty second-amendment self-defense standing supremacy-clause
Key Terms:
AdministrativeLaw FirstAmendment SecondAmendment JusticiabilityDoctri
Latest Conference: 2022-01-21 (distributed 3 times)
Question Presented (AI Summary)

Whether the Second Amendment's command that 'the right of the people to keep and bear arms, shall not be infringed' permits government to prohibit any of the people from exercising this right

Question Presented (OCR Extract)

QUESTIONS PRESENTED In District of Columbia v. Heller, this Court acknowledged that the Second | Amendment protects a pre-existing fundamental right to armed self-defense which is exercised individually and belongs to every American. Id. 128 §.Ct. U.S. 2783, 2791 & 2799 (2008). This Court also mentioned government could administer regulations | which exclude any individual, they presume as unsatisfactory, from exercising this fundamental right. Id. @ 2817 & n 26. The Second Amendment however explicitly commands that the right of the People to keep and bear arms, shall not be infringed. Would the Supremacy Clause apply to the Second Amendment? If it does, then wouldn’t the Second Amendment’s command be supreme law; and any law which infringes upon this essential right be repugnant to the Constitution and void where, by implication, that prohibition contravenes the exercise of this irrefutable right? The following may be important questions of constitutional law which have not been, but should be, settled by this Court: 1) Does the operative clause’s command that the right of the People to keep and bear arms, shall not be infringed, permit government to infringe, invade, overstep, or prohibit the right to any of the People, under any reason or pretense whatsoever, from keeping and bearing firearms for self-defense? 2) Whether, under Article VI, Clause 2, of the United States Constitution, the Second Amendment to the Constitution is supreme law; and whether any law infringing upon the right of any of the People who are free and law-abiding to keep and bear firearms for their self-defense is repugnant to the Constitution, and void? iti .

Docket Entries

2022-01-24
Rehearing DENIED.
2022-01-05
DISTRIBUTED for Conference of 1/21/2022.
2021-12-23
2021-12-06
Petition DENIED.
2021-11-10
DISTRIBUTED for Conference of 12/3/2021.
2021-11-06
Petitioner complied with order of October 18, 2021.
2021-10-18
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until November 8, 2021, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2021-09-30
DISTRIBUTED for Conference of 10/15/2021.
2021-09-23
Waiver of right of Federal respondents to respond filed.
2021-09-14
Waiver of right of respondent California to respond filed.
2021-08-26
Blanket Consent filed by Petitioner, Steven Eric Walker
2021-08-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2021)

Attorneys

Federal respondents
Elizabeth B. PrelogarSolicitor General, Respondent
State Respondent
Daniel Brian RogersOffice of the California Attorney General, Respondent
Steven Eric Walker
Steven Eric Walker — Petitioner