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Fredric Russell Mance, Jr., et al. v. William P. Barr, Attorney General, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 15-10311 · judgment July 20, 2018
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a dissent in the court below (flagged in the petition), and counsel who has filed here before.
Question presented
Federal law bars consumers from acquiring handguns outside their home state. This prohibition limits choice and price competition, and forces many handgun buyers to arrange and pay for the handguns’ shipment to in-state federal firearms licensees (“FFLs”). The government theorizes that the prohibition is necessary to combat the circumvention of state and local handgun laws. Yet some jurisdictions allow interstate handgun sales, or preclude the circumvention of handgun laws through retail channels by requiring police authorization for all handgun transfers. Meanwhile, federal law allows FFLs to sell rifles and shotguns to non-residents, so long as they comply with state and local laws. Washington, D.C. residents Tracey and Andrew Hanson sought to buy handguns from Fredric Mance, a Texas-based FFL. The District lacks firearm retailers, but it authorizes interstate handgun sales, and requires that all firearm purchases be authorized by police prior to consumers taking delivery. Reflecting various divisions among the courts of appeals regarding the Second Amendment’s application, the Fifth Circuit divided 8-7 as to whether and how the federal interstate handgun transfer ban is unconstitutional on its face or as-applied to the Hanson-Mance transactions. The question presented is whether prohibiting interstate handgun sales, facially or as-applied to consumers whose home jurisdictions authorize such transactions, violates the Second Amendment and the equal protection component of the Fifth Amendment’s Due Process Clause.
Counsel of record
For petitioner
Alan Gura
Institute for Free Speech
For respondent
Noel John Francisco
Jones Day
Proceedings
- Jun 15 2020Motion for leave to file amicus brief filed by The National Shooting Sports Foundation, Inc. GRANTED.
- Jun 15 2020Petition DENIED.
- Jun 08 2020DISTRIBUTED for Conference of 6/11/2020.
- Jun 01 2020DISTRIBUTED for Conference of 6/4/2020.
- May 22 2020DISTRIBUTED for Conference of 5/28/2020.
- May 18 2020DISTRIBUTED for Conference of 5/21/2020.
- May 11 2020DISTRIBUTED for Conference of 5/15/2020.
- Apr 27 2020DISTRIBUTED for Conference of 5/1/2020.
- Apr 08 2019DISTRIBUTED for Conference of 4/12/2019.
- Mar 27 2019Rescheduled.
- Mar 13 2019DISTRIBUTED for Conference of 3/29/2019.
- Mar 11 2019Reply of petitioners Fredric Mance, et al. filed.
- Feb 21 2019Brief of respondents William P. Barr, Attorney General, et al. in opposition filed.
- Jan 18 2019Motion to extend the time to file a response is granted and the time is further extended to and including February 21, 2019.
- Jan 17 2019Motion to extend the time to file a response from January 22, 2019 to February 21, 2019, submitted to The Clerk.
- Dec 21 2018Brief amici curiae of The States of Texas, et al. filed.
- Dec 21 2018Brief amicus curiae of The Cato Institute filed.
- Dec 21 2018Brief amici curiae of The Madison Society Foundation, Inc., et al. filed.
- Dec 21 2018Motion for leave to file amicus brief filed by The National Shooting Sports Foundation, Inc.
- Dec 20 2018Brief amici curiae of Professors of Second Amendment Law, et al. filed.
- Dec 13 2018Motion to extend the time to file a response is granted and the time is extended to and including January 22, 2019.
- Dec 12 2018Motion to extend the time to file a response from December 21, 2018 to January 22, 2019, submitted to The Clerk.
- Nov 19 2018Petition for a writ of certiorari filed. (Response due December 21, 2018)
- Aug 17 2018Application (18A179) granted by Justice Alito extending the time to file until November 19, 2018.
- Aug 16 2018Application (18A179) to extend the time to file a petition for a writ of certiorari from October 18, 2018 to December 17, 2018, submitted to Justice Alito.