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B. M. v. M. L.
IFP petition · Appeals Court of Massachusetts, No. 25-P-721 · judgment April 24, 2026
Questions presented
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Whether, as applied here, the First, Second, and Fourteenth Amendments permit a State to employ a totality-of-the-circumstances methodology that transforms concededly lawful conduct into a constitutionally sufficient finding of dangerousness, thereby authorizing the burdening of enumerated constitutional rights without an objectively sufficient present predicate.
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Whether the First Amendment permits a State to rely upon lawful petitioning activity as a component of a judicial dangerousness determination where the litigation activity was not found to be frivolous, unlawful, or otherwise outside constitutional protection.
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Whether the Second Amendment, as interpreted in New York State Rifle & Pistol Ass'n v. Bruen and United States v. Rahimi, permits the continued burdening of the right to keep and bear arms where the dangerousness determination rests upon a methodology that aggregates lawful, non-threatening conduct rather than an objectively sufficient present predicate demonstrating a credible threat of physical harm.
Counsel of record
For petitioner
B. M.
For respondent
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Case
Conference history
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Proceedings
- Jul 30 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2026)