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George K. Young, Jr. v. Hawaii, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 12-17808 · judgment March 24, 2021


GVR'd · June 30, 2022
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

On April 26, 2021, this Court granted review in New York State Rifle & Pistol Association, Inc., v. Corlett, No. 20-843, 593 U.S. ___ (“NYSRPA”). As modified by the Court in its order granting certiorari, the issue presented in NYSRPA is “[w]hether the State’s denial of petitioners’ applications for concealed-carry licenses for selfdefense violated the Second Amendment.” This petition raises the same issue. Like the New York statute at issue in NYSRPA, Hawaii will not issue a permit to carry a firearm to an ordinary citizen for purposes of self-defense. Like the petitioners in NYSRPA, petitioner’s application for a carry permit (open or concealed) was denied because self-defense is categorically an insufficient reason. Indeed, in sustaining the denial of petitioner’s application, the en banc Ninth Circuit majority held that the Second Amendment does not apply outside the home at all, a holding in direct conflict with the holdings of the D.C., First and Seventh Circuits and inconsistent with the approaches followed by all other circuits to have reached the issue. The questions presented are:

  1. Whether the Ninth Circuit erred in holding, in direct conflict with the holdings of the First, Seventh and D.C. Circuits, that the Second Amendment does not apply outside the home at all.

  2. Whether the denial of petitioner’s application for a handgun carry license for selfdefense violated the Second Amendment.

Counsel of record

For petitioner
Alan Alexander Beck
Law Offices of Alan Beck

For respondent
Neal Kumar Katyal
Hogan Lovells US LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
6 cert-stage

Proceedings

  1. Aug 01 2022
    JUDGMENT ISSUED
  2. Jun 30 2022
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U. S. ___ (2022).
  3. Jun 29 2022
    DISTRIBUTED for Conference of 6/29/2022.
  4. Aug 23 2021
    Reply of petitioner George K. Young, Jr. filed. (Distributed)
  5. Aug 11 2021
    DISTRIBUTED for Conference of 9/27/2021.
  6. Jul 26 2021
    Brief of respondents Hawaii, et al. in opposition filed.
  7. Jun 24 2021
    Brief amici curiae of Firearms Policy Coalition and Firearms Policy Foundation filed.
  8. Jun 24 2021
    Brief amicus curiae of Mountain States Legal Foundation Center to Keep and Bear Arms filed.
  9. Jun 24 2021
    Brief amici curiae of Louisiana, Arizona, Montana, and Eighteen Other States filed.
  10. Jun 24 2021
    Brief amicus curiae of Gun Owners of America, Inc., Gun Owners Foundation, Heller Foundation, Virginia Citizens Defense League, Conservative Legal Defense and Education Fund, and Restoring Liberty Action Committee filed.
  11. Jun 24 2021
    Brief amicus curiae of Hawaii Firearms Coalition filed.
  12. Jun 22 2021
    Brief amicus curiae of Hawaii Rifle Association filed.
  13. Jun 09 2021
    Motion to extend the time to file a response is granted and the time is extended to and including July 26, 2021.
  14. Jun 08 2021
    Motion to extend the time to file a response from June 24, 2021 to July 26, 2021, submitted to The Clerk.
  15. May 25 2021
    Blanket Consent filed by Petitioner, George K. Young, Jr.
  16. May 11 2021
    Petition for a writ of certiorari filed. (Response due June 24, 2021)