No. 22-5748

James Atkinson v. Massachusetts

Lower Court: Massachusetts
Docketed: 2022-10-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2nd-amendment civil-procedure civil-rights constitutional-rights due-process firearm-regulation home-possession licensing-law second-amendment standing subjective-standard takings
Key Terms:
ERISA SecondAmendment DueProcess
Latest Conference: 2022-11-18
Question Presented (AI Summary)

Whether Mass. Gen. Laws. ch. 140, § 131(f) is a proper analogue to a historical firearm regulation

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether Mass. Gen. Laws. ch. 140, § 131(f)—which authorizes the Commonwealth of Massachusetts to suspend a law-abiding, adult citizen’s License to Carry a Firearm after a subjective determination of “unsuitability” to possess such a license—is a proper analogue to a historical firearm regulation. 2. If found not to be a proper analogue to a historical firearm regulation, whether Mass. Gen. Laws. ch. 140, § 131(f) is facially against the Second Amendment of the United States Constitution. 3. Whether Mass. Gen. Laws. ch. 269, § 10(h)(1), which explicitly criminalizes the possession of handguns and ammunition within a law-abiding, adult citizen’s home, violated Petitioner's Second Amendment Rights. i PARTIES RELATED TO THE PROCEEDINGS All parties appear in the caption of the case on the cover page. ii

Docket Entries

2022-11-21
Petition DENIED.
2022-11-03
DISTRIBUTED for Conference of 11/18/2022.
2022-11-02
Waiver of right of respondent Massachusetts to respond filed.
2022-09-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 3, 2022)

Attorneys

James Atkinson
Derege DemissieDemissie & Church, Petitioner
Derege DemissieDemissie & Church, Petitioner
Massachusetts
Anna E. LumelskyMassachusetts Attorney General's Office, Respondent
Anna E. LumelskyMassachusetts Attorney General's Office, Respondent