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John E. Cassidy v. Massachusetts
Paid petition · Appeals Court of Massachusetts, No. 2020-P-0872 · judgment January 4, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
John Cassidy has been convicted of seven firearm of fenses for firearms he possessed solely inside his home as a new resident to Massachusetts. Under Massa chusetts’s gun licensing scheme a carrying license is required for possession of certain firearms and devices kept inside one’s home. New residents to the state are unable to ‘import’ common firearms to this state with out having to confront government officials with un bridled discretionary powers to prosecute felonies un der Massachusetts’s gun licensing scheme. Questions presented-
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Does The Second Amendment’s ‘core’ protec tions, The Due Process Clause, and Privileges and Im munities Clause extend to new residents when they ‘import’ legally acquired firearms to a new state?
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When reviewing a state’s firearm licensing scheme under The Second and Fourteenth Amend ment is the state’s licensing scheme reviewed under strict scrutiny when charges arise from a new resi dent’s continued possession of legally acquired fire arms inside their new home?
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Is a new resident’s actual ability to obtain a state license a mitigating factor for consideration when the state licensing scheme mandates felony con victions for in home possession of firearms, triggering a lifetime ban on exercise of ‘core’ protections of in home possession?
Counsel of record
For petitioner
John E. Cassidy
For respondent
Anna E. Lumelsky
Massachusetts Attorney General's Office
Case
Conference history
Distributed for 1 conference
Proceedings
- May 16 2022Petition DENIED.
- Apr 20 2022DISTRIBUTED for Conference of 5/12/2022.
- Apr 14 2022Waiver of right of respondent Massachusetts to respond filed.
- Mar 01 2022Petition for a writ of certiorari filed. (Response due April 14, 2022)