Steven Eric Walker v. United States, et al.

Petitioner alleged below that, as a free, law-abiding citizen, he seeks to engage in conduct protected by the Second Amendment, the possession of arms for lawful self-defense! that the Amendment's plain text covers that conduct! and that, under this Court's decisions, the challenged federal and state restrictions are therefore presumptively unconstitutional unless the Government demonstrates that they are consistent with this Nation's historical tradition of firearm regulation. See N. Y. Pistol & Rifle, Assn. v. Bruen, 597 U.S. 1, 24 (2022); Wolford v. Lopes, 609 U.S. , slip op. at 7-8 (2026). The courts below nevertheless sua sponte dismissed Petitioner's complaint for failure to state a claim, at the pleading stage, without requiring either governmental defendant to answer the complaint, develop the historical record contemplated by Bruen, or carry the burden the Constitution requires them to bear. The questions presented are:

1. Whether a court may reject a Second Amendment claim involving conduct covered by the Amendment's plain text without first requiring the Government to rebut the presumption that the challenged restriction is unconstitutional.

2. Whether a court may sua sponte dismiss a plausible Second Amendment claim at the pleading stage before requiring the Government to answer and carry its constitutional burden to overcome that presumption