No. 24-6046

Steven Eric Walker v. United States, et al.

Lower Court: Ninth Circuit
Docketed: 2024-11-27
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: constitutional-prohibition government-power right-to-bear-arms second-amendment self-defense weapons-regulation
Key Terms:
JusticiabilityDoctri
Latest Conference: 2025-03-28 (distributed 2 times)
Question Presented (AI Summary)

Does the unqualified constitutional prohibition established by the Second Amendment delegate to government a free-floating power to infringe upon the right of the people to keep and bear weapons for purposes of security, safety, and self-defense?

Question Presented (OCR Extract)

Questions Presented ; 1. In District of Columbia v. Heller, 554 U.S. 570, (2008), this Court rejected the government's belief that it has a plenary power over the individual's Second Amendment right to keep and bear arms. Jd at 598-602. The Court further recognized the prohibition of government power over the right “is general” and that "{nJo clause in the constitution" could give to either the state or federal government "a power to disarm the people" as the Second Amendment is “a restraint" on both. Jd. at 607. Question: Does the unqualified constitutional prohibition established by the Second Amendment delegate to government a free-floating power to infringe upon the right of the people to keep and bear weapons for purposes of security, safety, and self-defense? 2. In NY Pistol & Rifle Assc. v. Bruen, 597 U.S. 1, 34 (2022), this Court held that the government must carry the burden of demonstrating whether the evidence supporting their gun control regulation is consistent with the principles underlying the Second Amendment, to overcome the presumption of protected conduct. Yet, there is not an established standard of proof. Question: Does the constitutional burden of proof require the government to demonstrate by clear and convincing evidence that their weapons regulations, are consistent with the principles underlying the Second Amendment? 1

Docket Entries

2025-04-24
Case considered closed.
2025-03-31
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2025-03-12
Motion DISTRIBUTED for Conference of 3/28/2025.
2025-02-12
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2025-01-27
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until February 18, 2025, 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.
2025-01-14
Supplemental brief of petitioner Steven Eric Walker filed. (Distributed)
2025-01-09
DISTRIBUTED for Conference of 1/24/2025.
2024-12-27
Waiver of Federal Respondents of right to respond submitted.
2024-12-27
Waiver of right of respondent Federal Respondents to respond filed.
2024-03-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 27, 2024)

Attorneys

Federal Respondents
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Steven Eric Walker
Steven Eric Walker — Petitioner
Steven Eric Walker — Petitioner