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Alfred Morin v. William Lyver, et al.

Paid petition · United States Court of Appeals for the First Circuit, No. 20-1280 · judgment September 14, 2021

GVR'd · October 3, 2022
Pre-decision estimate: 2% cert probability

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

Question presented

Massachusetts requires people to obtain licenses in order to possess or purchase handguns, and it disqualifies people with certain criminal convictions from obtaining licenses. Pertinently, Massachusetts law provides that an individual who has been convicted of a nonviolent misdemeanor that concerned the possession or use of a gun can obtain a license that allows him to possess a handgun at home after five years have passed. However, this same person can never obtain authorization to purchase a handgun— meaning that the only way they can obtain one is if someone leaves it to them by bequest or intestacy. The question presented is whether a state can impose a lifetime ban on purchasing handguns (but not possessing them) against anyone who has been convicted of a nonviolent misdemeanor that involved the possession or use of guns.

Counsel of record

For petitioner
David D. Jensen
David Jensen PLLC

For respondent
Janelle M. Austin
KP Law PC

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Nov 04 2022
    Judgment issued.
    Main Document
  2. Oct 03 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. Sep 26 2022
    Reply of petitioner Alfred Morin filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  4. Aug 10 2022
    DISTRIBUTED for Conference of 9/28/2022.
  5. Jul 21 2022
    Brief of respondents William Lyver, et al. in opposition filed.
    Main DocumentCertificate of Word CountProof of Service
  6. Jul 01 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including July 21, 2022.
  7. Jun 30 2022
    Motion to extend the time to file a response from July 11, 2022 to July 21, 2022, submitted to The Clerk.
    Main Document
  8. May 09 2022
    Motion to extend the time to file a response is granted and the time is extended to and including July 11, 2022.
  9. May 06 2022
    Motion to extend the time to file a response from May 12, 2022 to July 11, 2022, submitted to The Clerk.
    Main Document
  10. Apr 12 2022
    Response Requested. (Due May 12, 2022)
  11. Apr 06 2022
    DISTRIBUTED for Conference of 4/22/2022.
  12. Mar 23 2022
    Waiver of right of respondent Massachusetts to respond filed.
    Main Document
  13. Mar 23 2022
    Brief amici curiae of Firearms Policy Coalition and FPC Action Foundation filed.
    Main DocumentProof of ServiceCertificate of Word Count
  14. Dec 13 2021
    Petition for a writ of certiorari filed. (Response due March 24, 2022)
    PetitionAppendixCertificate of Word CountProof of Service