In New York State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022), this Court adopted a two-step text-and-history standard for analyzing whether laws regulating firearm possession violate the Second Amendment. Under Bruen, when the Second Amendment's plain text covers an individual's conduct, the Constitution presumptively protects that conduct. The Government must then justify its regulation by demonstrating that it is consistent with the Nation's historical tradition of firearm regulation. Id. at 17. Many lower courts, including the Fourth Circuit in this case, have concluded that the Bruen's textual step one may be satisfied only where the protected conduct involves a firearm (1) that is not "dangerous and unusual" and (2) also "in common use for a lawful purpose." The Fourth Circuit and others have separately concluded that Bruen's textual step one may be satisfied only where "law abiding citizens" are engaged in the protected conduct.

The three questions presented by this Petition are:

1. Whether the "in common use for lawful purposes" measure for applying Second Amendment protections to certain firearms is determined as part of Bruen's step one textual/conduct analysis, or Bruen's step two historical analysis?

2. Whether 26 U.S.C. § 5861(d), part of the National Firearms Act, violates the Second Amendment as applied to England's possessing an unregistered short-barreled shotgun, where England introduced uncontradicted evidence proving that firearm is no more dangerous and unusual than comparable unregulated non-NFA weapons in common use for lawful purposes?

3. Whether the individual right to keep and bear arms guaranteed by the Second Amendment applies only to "law-abiding citizens" who have no prior convictions?

Whether the 'in common use for lawful purposes' measure for applying Second Amendment protections is determined at step one or step two of the Bruen analysis, and whether the Second Amendment right applies only to law-abiding citizens