Supreme Court of the United States · Official docket →
Brian Kirk Malpasso, et al. v. William M. Pallozzi, in His Official Capacity as Maryland Secretary of State Police
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-2377 · judgment April 29, 2019
Before the decision, about 2.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.
Question presented
Maryland prohibits its typical, law-abiding citizens from carrying a firearm outside the home without a permit, and provides permits only to those who can demonstrate, among other requirements, a “good and substantial reason” for carrying a firearm. In District of Columbia v. Heller, this Court held that the Second Amendment protects “the individual right to possess and carry weapons in case of confrontation,” 554 U.S. 570, 592 (2008), and in McDonald v. City of Chicago, the Court held that this right “is fully applicable to the States,” 561 U.S. 742, 750 (2010). Since then, numerous courts of appeals have confronted, and have squarely divided on, the question of whether the Second Amendment allows the government to deprive typical, law-abiding citizens of all means of carrying a handgun for self-defense. This circuit split is open and acknowledged, and it is squarely presented by this case, in which the Fourth Circuit affirmed the constitutionality of a Maryland regime that prohibits law-abiding individuals from carrying a handgun unless they can demonstrate some particularized “good and substantial reason” that distinguishes them from the body of “the people” protected by the Second Amendment. The time has come for this Court to resolve this critical constitutional question and to restore to citizens of Maryland and the handful of other states that prohibit the carrying of handguns the fundamental rights that the Second Amendment guarantees the people. The question presented is: Whether the Second Amendment allows the government to prohibit typical, law-abiding citizens
Counsel of record
For petitioner
Paul D. Clement
Clement & Murphy, PLLC
For respondent
Julia Doyle
Proceedings
- 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.
- Jan 08 2020DISTRIBUTED for Conference of 1/24/2020.
- Jan 08 2020Reply of petitioners Brian Kirk Malpasso, et al. filed. (Distributed)
- Dec 18 2019Brief of respondent William M. Pallozzi in opposition filed.
- Nov 18 2019Brief amicus curiae of National Rifle Association of America, Inc. filed.
- Nov 18 2019Brief amici curiae of State of Alabama as Amici Curiae,et al. filed.
- Nov 05 2019Motion to extend the time to file a response is granted and the time is extended to and including December 18, 2019.
- Nov 01 2019Motion to extend the time to file a response from November 18, 2019 to December 18, 2019, submitted to The Clerk.
- Oct 30 2019Brief amici curiae of Firearms Policy Coalition, et al. filed.
- Oct 18 2019Response Requested. (Due November 18, 2019)
- Oct 16 2019DISTRIBUTED for Conference of 11/1/2019.
- Oct 08 2019Waiver of right of respondent William M. Pallozzi to respond filed.
- Oct 08 2019Blanket Consent filed by Respondent, William M. Pallozzi.
- Sep 26 2019Petition for a writ of certiorari filed. (Response due October 30, 2019)
- Jul 15 2019Application (19A59) granted by The Chief Justice extending the time to file until September 26, 2019.
- Jul 11 2019Application (19A59) to extend the time to file a petition for a writ of certiorari from July 28, 2019 to September 26, 2019, submitted to The Chief Justice.