No. 23-5111

Jacob Webster, et al. v. Superior Court of California, City and County of San Francisco, et al.

Lower Court: California
Docketed: 2023-07-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-analysis criminal-prosecution facial-challenge firearm-regulation new-york-state-rifle-and-pistol-association-v-brue overbreadth overbreadth-doctrine second-amendment united-states-v-stevens
Key Terms:
SecondAmendment FirstAmendment JusticiabilityDoctri Jurisdiction
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether facial Second Amendment challenges require proving no set of circumstances where the statute is valid or only that a substantial number of applications are unconstitutional

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. For facial challenges to a state prosecution on Second Amendment grounds, must a criminal defendant prove that no set of circumstances exist under : which the charging statute would be valid, or may the defendant rely on the overbreadth principle of United States v. Stevens, 559 U.S. 460, 473 (2010) and / establish only that “a substantial number of its applications are unconstitutional, judged in relation to the statute’s plainly legitimate sweep”? 2. When this Court decided New York State Rifle & Pistol Assn., Inc. v. Bruen, U.S. __ [142 8.Ct. 2111] (2022) holding that when a government regulation infringes on an individual’s Second Amendment right to bear arms, the | regulation is presumptively unconstitutional unless and until the government justifies the regulation with analogous historical precedent, did it intend for that analysis to apply to criminal defendants charged with unlawful firearm possession? | | 3. Is California’s “may issue” firearm licensing scheme unconstitutional | in light of this Court’s ruling in New York State Rifle & Pistol Assn., Inc. v. Bruen, __US. __ [142 8.Ct. 2111] (2022)? ii

Docket Entries

2023-10-02
Petition DENIED.
2023-08-03
DISTRIBUTED for Conference of 9/26/2023.
2023-07-19
Waiver of right of respondent Superior Court of CA, San Francisco to respond filed.
2023-07-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 14, 2023)

Attorneys

Jacob Webster, et al.
Rose MishaanLaw Offices of Marsanne Weese, Petitioner
Rose MishaanLaw Offices of Marsanne Weese, Petitioner
Superior Court of CA, San Francisco
Joseph Frislid — Respondent
Joseph Frislid — Respondent