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B. M. v. M. L.

IFP petition · Appeals Court of Massachusetts, No. 25-P-721 · judgment April 24, 2026


Pending

Questions presented

  1. 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.

  2. 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.

  3. 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
—

Case

Conference history
—

Proceedings

  1. Jul 30 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2026)