No. 25-325

Robert L. Fooks v. Maryland

Lower Court: Maryland
Docketed: 2025-09-18
Status: Pending
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: constitutional-challenge criminal-conviction firearm-possession maryland-law second-amendment supreme-court-precedent
Key Terms:
SecondAmendment FirstAmendment DueProcess JusticiabilityDoctri
Latest Conference: 2026-02-20 (distributed 2 times)
Question Presented (AI Summary)

Does Maryland Code, Public Safety Article, § 5-133(b)(2) violate the Second Amendment on its face and as applied, in light of recent Supreme Court precedents?

Question Presented (OCR Extract)

1. Does Maryland Code, Public Safety Article, § 5-133(b)(2), which provides that “a person may not possess a firearm if the person has been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years,” violate the Second Amendment on its face, in light of New York State Rifle & Pistol Association, Inc. v. Bruen , 597 U.S. 1, 142 S.Ct. 2111, 213 L.Ed.2d 387 (2022), and United States v. Rahimi , 602 U.S. 680, 144 S.Ct. 1889, 219 L.Ed.2d 351 (2024)? 2. Does Maryland Code, Public Safety Article, § 5-133(b)(2) violate the Second Amendment as applied to Mr. Fooks, in light of New York State Rifle & Pistol Association, Inc. v. Bruen , 597 U.S. 1, 142 S.Ct. 2111, 213 L.Ed.2d 387 (2022), and United States v. Rahimi , 602 U.S. 680, 144 S.Ct. 1889, 219 L.Ed.2d 351 (2024)? ii STATEMENT OF

Docket Entries

2026-01-14
DISTRIBUTED for Conference of 2/20/2026.
2026-01-05
Reply of petitioner Robert L. Fooks filed.
2026-01-05
Reply of petitioner Robert Fooks filed.
2026-01-05
2026-01-02
Brief of respondent Maryland in opposition filed.
2026-01-02
Brief of Maryland in opposition submitted.
2025-12-02
Motion to extend the time to file a response is granted and the time is further extended to and including January 2, 2026.
2025-12-01
Motion of Maryland for an extension of time submitted.
2025-12-01
Motion to extend the time to file a response from December 8, 2025 to January 2, 2026, submitted to The Clerk.
2025-10-16
Motion to extend the time to file a response is granted and the time is extended to and including December 8, 2025.
2025-10-15
Motion to extend the time to file a response from October 29, 2025 to December 8, 2025, submitted to The Clerk.
2025-10-15
Motion of Maryland for an extension of time submitted.
2025-09-29
Response Requested. (Due October 29, 2025)
2025-09-24
DISTRIBUTED for Conference of 10/10/2025.
2025-09-19
Waiver of right of respondent Maryland to respond filed.
2025-09-19
Waiver of Maryland of right to respond submitted.
2025-09-02
Petition for a writ of certiorari filed. (Response due October 20, 2025)

Attorneys

Maryland
Andrew John DiMiceliMaryland Office of the Attorney General, Respondent
Andrew John DiMiceliMaryland Office of the Attorney General, Respondent
Robert Fooks
Peter Franklin RoseOffice of Public Defender, MD, Petitioner
Peter Franklin RoseOffice of Public Defender, MD, Petitioner