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Joshua Clay McCoy, Individually and on Behalf of All Others Similarly Situated as a Class, et al. v. Bureau of Alcohol, Tobacco, Firearms, and Explosives, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 23-2085 · judgment June 18, 2025

Certiorari denied · June 30, 2026
Pre-decision estimate: 7% cert probability (95% interval 4%–11%)

Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has filed here before, and a Fourth Circuit decision below.

Questions presented

  1. Whether federal laws banning 18-to-20-year-olds from purchasing handguns from federally licensed ÀUHDUP GHDOHUV YLRODWHV WKH 6HFRQG $PHQGPHQW·V guarantee of the right to keep arms.

  2. :KHWKHU WKH )RXUWK &LUFXLW HUUHG E\ ÀQGLQJ WKDW WKHGLVWULFWFRXUW·VFHUWLÀFDWLRQRIDQDWLRQZLGHFODVV action pursuant to Fed. R. Civ. P. 23(b)(2) constituted DQ DEXVH RI GLVFUHWLRQ EHFDXVH WKH GLVWULFW FRXUW·V FHUWLÀFDWLRQFDPHDIWHULWJUDQWHGVXPPDU\MXGJPHQW IRU WKH 3ODLQWLIIV EXW SULRU WR LWV LVVXDQFH RI D ÀQDO order.

Counsel of record

For petitioner
Elliott Michael Harding
Harding Counsel, PLLC

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 3 conferences

Amicus briefs
3 cert-stage

Proceedings

  1. Jun 30 2026
    Petition DENIED.
  2. Jun 29 2026
    DISTRIBUTED for Conference of 6/29/2026.
  3. Jun 22 2026
    DISTRIBUTED for Conference of 6/25/2026.
  4. May 06 2026
    Response to motion for leave to intervene from respondent Bureau of Alcohol, Tobacco, Firearms and Explosives, et al. filed.
    Main DocumentProof of Service
  5. Apr 29 2026
    Motion for leave to intervene as petitioner filed by Daniel Gibbs.
    Main Document
  6. Nov 07 2025
    Reply of petitioners Joshua McCoy, et al. filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  7. Oct 29 2025
    DISTRIBUTED for Conference of 11/14/2025.
  8. Oct 08 2025
    Brief of respondents Bureau of Alcohol, Tobacco, Firearms and Explosives, et al. in opposition filed.
    Main DocumentProof of Service
  9. Aug 25 2025
    Motion to extend the time to file a response is granted and the time is further extended to and including October 8, 2025.
  10. Aug 21 2025
    Motion to extend the time to file a response from September 8, 2025 to October 8, 2025, submitted to The Clerk.
    Main Document
  11. Aug 07 2025
    Brief amicus curiae of National Association for Gun Rights filed.
    Main DocumentProof of ServiceCertificate of Word Count
  12. Aug 07 2025
    Brief amicus curiae of Giffords Law Center to Prevent Gun Violence filed.
    Main DocumentProof of ServiceCertificate of Word Count
  13. Aug 07 2025
    Brief amici curiae of West Virginia, et al. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  14. Jul 29 2025
    Motion to extend the time to file a response is granted and the time is extended to and including September 8, 2025, for all respondents.
  15. Jul 28 2025
    Motion to extend the time to file a response from August 7, 2025 to September 8, 2025, submitted to The Clerk.
    Main Document
  16. Jul 03 2025
    Petition for a writ of certiorari filed. (Response due August 7, 2025)
    PetitionCertificate of Word CountProof of Service