Supreme Court of the United States · Official docket →
Ocean State Tactical, LLC, dba Big Bear Hunting and Fishing Supply, et al. v. Rhode Island, et al.
Paid petition · United States Court of Appeals for the First Circuit, No. 23-1072 · judgment March 7, 2024
Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a First Circuit decision below, counsel with five or more prior petitions here, and a dissent in the court below (flagged in the petition).
Questions presented
This Court has repeatedly underscored that “the Second Amendment protects the possession and use of weapons that are ‘in common use at the time.’” N.Y. State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1, 21
-
(quoting District of Columbia v. Heller, 554 U.S. 570, 627 (2008)). Nevertheless, the same week Bruen was decided, Rhode Island enacted a law prohibiting the possession of ammunition feeding devices capable of holding more than ten rounds, even though tens of millions of law-abiding Americans have long lawfully owned hundreds of millions of these devices as integral components of legal firearms. And Rhode Island did not stop at banning acquisition of these common arms prospectively. Its law applies retrospectively, dispossessing citizens of lawfully acquired and constitutionally protected property without any compensation from the state. The First Circuit admitted that “no directly on-point tradition” supports banning commonly owned arms and that Rhode Island’s law does not permit citizens to keep their lawfully acquired property. But rather than follow those admissions to their logical conclusions, the court—in a decision emblematic of a troubling trend of continuing to distort this Court’s precedents in cases involving firearms—blessed this incursion on fundamental rights. The questions presented are:
-
Whether a retrospective and confiscatory ban on the possession of ammunition feeding devices that are in common use violates the Second Amendment.
-
Whether a law dispossessing citizens without compensation of property that they lawfully acquired and long possessed without incident violates the Takings Clause.
Counsel of record
For petitioner
Erin E. Murphy
Clement & Murphy, PLLC
For respondent
Sarah Whynne Finnegan Rice
Rhode Island Office of the Attorney General
Proceedings
- Jun 02 2025Petition DENIED. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the petition for a writ of certiorari.
- May 27 2025DISTRIBUTED for Conference of 5/29/2025.
- May 19 2025DISTRIBUTED for Conference of 5/22/2025.
- May 12 2025DISTRIBUTED for Conference of 5/15/2025.
- Apr 28 2025DISTRIBUTED for Conference of 5/2/2025.
- Apr 21 2025DISTRIBUTED for Conference of 4/25/2025.
- Apr 14 2025DISTRIBUTED for Conference of 4/17/2025.
- Mar 31 2025DISTRIBUTED for Conference of 4/4/2025.
- Mar 24 2025DISTRIBUTED for Conference of 3/28/2025.
- Mar 17 2025DISTRIBUTED for Conference of 3/21/2025.
- Mar 03 2025DISTRIBUTED for Conference of 3/7/2025.
- Feb 24 2025DISTRIBUTED for Conference of 2/28/2025.
- Feb 14 2025DISTRIBUTED for Conference of 2/21/2025.
- Jan 21 2025DISTRIBUTED for Conference of 1/24/2025.
- Jan 13 2025DISTRIBUTED for Conference of 1/17/2025.
- Jan 06 2025DISTRIBUTED for Conference of 1/10/2025.
- Dec 11 2024Rescheduled.
- Dec 09 2024DISTRIBUTED for Conference of 12/13/2024.
- Dec 05 2024Rescheduled.
- Nov 20 2024Reply of petitioners Ocean State Tactical, LLC, et al. filed. (Distributed)
- Nov 19 2024DISTRIBUTED for Conference of 12/6/2024.
- Nov 05 2024Brief of respondents Rhode Island, et al. in opposition filed.
- Sep 05 2024Brief amicus curiae of National Shooting Sports Foundation, Inc. filed.
- Sep 05 2024Brief amici curiae of Ohio, et al. filed.
- Sep 05 2024Brief amici curiae of National African American Gun Association, Inc., et al. filed.
- Aug 15 2024Motion to extend the time to file a response is granted and the time is extended to and including November 5, 2024.
- Aug 13 2024Motion to extend the time to file a response from September 5, 2024 to November 5, 2024, submitted to The Clerk.
- Aug 02 2024Petition for a writ of certiorari filed. (Response due September 5, 2024)
- Jun 24 2024Application (23A1058) granted by Justice Jackson extending the time to file until August 4, 2024.
- Jun 20 2024Application (23A1058) to extend further the time from July 5, 2024 to August 4, 2024, submitted to Justice Jackson.
- May 30 2024Application (23A1058) granted by Justice Jackson extending the time to file until July 5, 2024.
- May 24 2024Application (23A1058) to extend the time to file a petition for a writ of certiorari from June 5, 2024 to July 5, 2024, submitted to Justice Jackson.