Decided

No. 18-280

New York State Rifle & Pistol Association, Inc., et al. v. City of New York, New York, et al.

from the United States Court of Appeals for the Second Circuit

See other cases from the Second Circuit.

Docket Entries

JUDGMENT ISSUED.

Judgment VACATED and case REMANDED. Opinion per curiam. Kavanaugh, J., filed a concurring opinion. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined, and in which Thomas, J., joined except for Part IV–B.

Argued. For petitioners: Paul D. Clement, Washington, D. C.; and Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Richard P. Dearing, New York, N. Y.

Letter response brief of petitioners pursuant to request of the Clerk filed. (Distributed)

Letter response brief of respondents' pursuant to request of the Clerk filed. (Distributed)

Letter brief of the Solicitor General pursuant to request of the Clerk filed. (Distributed)

Request from the Clerk that the Solicitor General submit his views on mootness in a letter brief, limited to 10 pages, by 6 p.m., Friday, November 15, 2019. The parties may submit their responses in a letter brief, limited to 10 pages each, by 2 p.m., Wednesday, November 20, 2019.

Letter from the Solicitor General filed. (Distributed)

CIRCULATED

The record from the U.S.C.A. 2nd Circuit is electronic and filed. The record is complete from the 2nd Circuit.

Record requested from the U.S.C.A. 2nd Circuit.

Motion of Neal Goldfarb for leave to participate in oral argument as amicus curiae and for divided argument DENIED.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.

The Respondent's Suggestion of Mootness is denied. The question of mootness will be subject to further consideration at oral argument, and the parties should be prepared to discuss it.

SET FOR ARGUMENT on Monday, December 2, 2019.

Reply of petitioners New York State Rifle & Pistol Association, Inc., et al. filed.

Brief amici curiae of Senator Sheldon Whitehouse, et al. filed.

Motion of Neal Goldfarb for leave to participate in oral argument as amicus curiae and for divided argument filed.

Brief amicus curiae of Neal Goldfarb filed. (August 13, 2019)

Amicus brief of Neal Goldfarb not accepted for filing. (Corrected version submitted)

Brief amicus curiae of Americans Against Gun Violence filed.

Brief amicus curiae of Everytown for Gun Safety filed.

Brief amici curiae of National Education Association filed.

Brief amicus curiae of Citizens Crime Commission of New York City filed.

Brief amici curiae of Constitutional Law Professors filed.

Brief amicus curiae of Former Commissioner of the New York City Police Department William J. Bratton filed.

Brief amici curiae of Corpus Linguistics Professors and Experts filed.

Brief amicus curiae of March for Our Lives Action Fund filed.

Amicus brief of March for Our Lives Action Fund not accepted for filing. (Corrected version submitted)

Brief amici curiae of National League of Cities, et al. filed.

Brief amici curiae of 139 Members of the United States House of Representatives filed.

Brief amici curiae of Federal Courts Scholars filed.

Brief amici curiae of Public Health Researchers and Social Scientists filed.

Brief amici curiae of States of New York, Connecticut, Illinois, Maryland, Massachusetts, Michigan, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, and Virginia and the District of Columbia filed.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Respondents' reply in support of suggestion of mootness filed. (Distributed)

Suggestion of mootness DISTRIBUTED for Conference of 10/1/2019.

Respondents' Supplemental Appendix of City of New York, et al. not accepted for filing. (August 09, 2019)

Brief of respondents City of New York, et al. filed.

Supplemental appendix to respondents’ brief on the merits filed. (Corrected copies 8/9/19)

Brief amicus curiae of The Becket Fund for Religious Liberty in support of neither party filed.

Petitioners' response to suggestion of mootness filed. (Distributed)

Motion for a further extension of time to file respondents' brief on the merits denied.

Response of petitioners to motion for a further extension of time to file respondents' brief on the merits filed.

Suggestion of Mootness filed by respondents City of New York, et al.

Motion for a further extension of time to file respondents' brief on the merits filed.

Response of New York State Rifle & Pistol Association, Inc., et al. to motion not accepted for filing. (July 08, 2019)

Letter dated July 3, 2019 of City of New York, et al. not accepted for filing. (July 08, 2019)

Brief amici curiae of The States of Louisiana, et al. filed.

Brief amici curiae of National Sheriffs Association, et al. filed.

Brief amicus curiae of United States filed.

Brief amici curiae of Gun Owners of America, Inc., et al. filed.

Brief amici curiae of Firearms Policy Foundation, Firearms Policy Coalition, and the Calguns Foundation filed.

Brief amici curiae of Bradley Byrne and 119 Additional Members of the United States House of Representatives filed.

Brief amicus curiae of Black Guns Matter filed.

Brief amicus curiae of American Civil Rights Union filed.

Brief amici curiae of Professors of Second Amendment Law, et al. filed.

Brief amici curiae of California Rifle & Pistol Association, Incorporated and Gun Owners of California, Inc. filed.

Brief amicus curiae of Robert Leider filed.

Brief amicus curiae of Patrick J. Charles in support of neither party filed.

Brief amicus curiae of Mountain States Legal Foundation filed.

Brief amicus curiae of George K. Young filed.

Brief amicus curiae of The Liberal Gun Club filed.

Brief amicus curiae of National Rifle Association of America, Inc. filed.

Brief amicus curiae of Center for Constitutional Jurisprudence filed.

Brief amicus curiae of Cato Institute filed.

Brief amicus curiae of Commonwealth Second Amendment, Inc. filed.

Brief amici curiae of Brady and Team ENOUGH in support of neither party filed.

Brief amicus curiae of Giffords Law Center to Prevent Gun Violence in support of neither party filed.

Brief amici curiae of Second Amendment Law Professors in support of neither party filed.

Brief amicus curiae of National African American Gun Association, Inc. filed.

Brief amicus curiae of Madison Society Foundation, Inc. filed.

Brief amici curiae of Academics for the Second Amendment filed.

Brief amicus curiae of Pink Pistols filed.

Brief of petitioners New York State Rifle & Pistol Association, Inc., et al. filed.

Joint appendix filed. (Statement of costs received)

Motion of respondents to hold briefing schedule in abeyance DENIED.

Reply in support of motion filed.

Response to motion from petitioners New York State Rifle & Pistol Association, Inc., et al. filed. (Distributed)

Motion to hold the briefing schedule in abeyance filed by respondents City of New York, et al. (Distributed)

Blanket Consent filed by Respondent, City of New York, et al.

Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed.

Joint motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including May 7, 2019. The time to file respondents' brief on the merits is extended to and including August 5, 2019.

Blanket Consent filed by Petitioners, New York State Rifle & Pistol Association, Inc., et al..

Joint motion for an extension of time for filing the briefs on the merits filed.

Petition GRANTED.

DISTRIBUTED for Conference of 1/18/2019.

DISTRIBUTED for Conference of 1/11/2019.

Reply of petitioners New York State Rifle & Pistol Association, Inc., et al. filed. (Distributed)

DISTRIBUTED for Conference of 1/4/2019.

Brief of respondents City of New York, et al. in opposition filed.(11/14/2018)

Brief of City of New York, et al. in opposition not accepted for filing. (November 09, 2018) (Corrected version submitted November 9, 2018).

Brief amici curiae of Western States Sheriffs' Association et al filed.

Brief amici curiae of Gun Owners of America, et al. filed.

Brief amici curiae of The States of Louisiana, et al. filed.

Blanket Consent filed by Petitioners, New York State Rifle & Pistol Association, Inc., et al..

Petition for a writ of certiorari filed. (Response due October 9, 2018)

Application (17A1393) granted by Justice Ginsburg extending the time to file until September 4, 2018.

Application (17A1393) to extend further the time from August 3, 2018 to September 2, 2018, submitted to Justice Ginsburg.

Application (17A1393) granted by Justice Ginsburg extending the time to file until August 3, 2018.

Application (17A1393) to extend the time to file a petition for a writ of certiorari from July 4, 2018 to August 3, 2018, submitted to Justice Ginsburg.

Parties

New York State Rifle & Pistol Association, Inc., et al., Petitioner, represented by Paul D. Clement

City of New York, et al., Respondent, represented by Richard Paul Dearing

Amici Curiae

139 Members of the United States House of Representatives, Amicus Curiae, represented by Avi Weitzman

Academics for the Second Amendment, Amicus Curiae, represented by David T. Hardy

American Civil Rights Union, Amicus Curiae, represented by Kenneth Alan Klukowski

Americans Against Gun Violence, Amicus Curiae, represented by Fred J. Hiestand

Black Guns Matter, Amicus Curiae, represented by John Steven Foley

Bradley Byrne and 119 Additional Members of the United States House of Representatives, Amicus Curiae, represented by Eddie Travis Ramey

Brady and Team ENOUGH, Amicus Curiae, represented by Paul Reinherz Quitman Wolfson

California Rifle & Pistol Association, Incorporated, Amicus Curiae, represented by C. D. Michel

Cato Institute, Amicus Curiae, represented by Ilya Shapiro

Center for Constitutional Jurisprudence, Amicus Curiae, represented by Anthony Thomas Caso

Citizens Crime Commission of New York City, Amicus Curiae, represented by Harry Sandick

Commonwealth Second Amendment, Inc., Amicus Curiae, represented by Alan Gura

Constitutional Law Professors, Amicus Curiae, represented by Vincent Gregory Levy

Corpus Linguistics Professors and Experts, Amicus Curiae, represented by Brian Robert Matsui

Everytown for Gun Safety, Amicus Curiae, represented by Deepak Gupta

Federal Courts Scholars, Amicus Curiae, represented by Michael B. Kimberly

Firearms Policy Foundation, Firearms Policy Coalition, Calguns Foundation, Amicus Curiae, represented by Erik S. Jaffe

Former Commissioner of the New York City Police Department William J. Bratton, Amicus Curiae, represented by Roberto Jose Gonzalez

George K. Young, Amicus Curiae, represented by Stephen Dean Stamboulieh

Giffords Law Center to Prevent Gun Violence, Amicus Curiae, represented by Benjamin Charles Mizer

Gun Owners of America, Gun Owners Foundation, The Heller Foundation, Conservative Legal Defense and Education Fund, Downsize DC Foundation, DownsizeDC.org, and Restoring Liberty Action Committee, Amicus Curiae, represented by William Jeffrey Olson

Gun Owners of America, Inc., Gun Owners Foundation, The Heller Foundation, Tennessee Firearms Association, Conservative Legal Defense and Education Fund, and Restoring Liberty Action Committee, Amicus Curiae, represented by Robert Jeffrey Olson

Judicial Watch, Inc. and Allied Educational Foundation, Amicus Curiae, represented by Chris Fedeli

March for Our Lives Action Fund, Amicus Curiae, represented by Ira M. Feinberg

Mountain States Legal Foundation, Amicus Curiae, represented by Cristen Alice Wohlgemuth

National African American Gun Association, Inc., Amicus Curiae, represented by Stephen Porter Halbrook

National Education Association, Amicus Curiae, represented by Alice Margaret O'Brien

National League of Cities, United States Conference of Mayors, International Municipal Lawyers Association, Amicus Curiae, represented by Lawrence Rosenthal

National Rifle Association of America, Inc., Amicus Curiae, represented by David H. Thompson

National Sheriffs Association, et al., Amicus Curiae, represented by Dan Mark Peterson

Neal Goldfarb, Amicus Curiae, represented by Neal Goldfarb

Patrick J. Charles, Amicus Curiae, represented by John Michael Grenfell

Pink Pistols, Amicus Curiae, represented by Brian Stuart Koukoutchos

Professors of Second Amendment Law, et al., Amicus Curiae, represented by David Benjamin Kopel

Public Health Researchers and Social Scientists, Amicus Curiae, represented by Jeffrey T. Green

Robert Leider, Amicus Curiae, represented by William Spencer Consovoy

Second Amendment Law Professors, Amicus Curiae, represented by Donald B. Verrilli Jr.

Senator Sheldon Whitehouse et al., Amicus Curiae, represented by Sheldon Whitehouse

States of New York, Connecticut, Illinois, Maryland, Massachusetts, Michigan, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, and Virginia and the District of Columbia, Amicus Curiae, represented by Barbara Dale Underwood

The Becket Fund for Religious Liberty, Amicus Curiae, represented by Luke W. Goodrich

The Liberal Gun Club, Amicus Curiae, represented by David D. Jensen

The Madison Society Foundation, Inc., Amicus Curiae, represented by Donald E. J. Kilmer Jr.

The States of Louisiana, et al., Amicus Curiae, represented by Elizabeth Baker Murrill

United States, Amicus Curiae, represented by Noel John Francisco

Western States Sheriffs' Association et al, Amicus Curiae, represented by Dan Mark Peterson

 
Last updated: March 19, 2024