No. 19-121

Kenneth Miller v. Robert Ferguson, Attorney General of Washington

Lower Court: Ninth Circuit
Docketed: 2019-07-26
Status: Denied
Type: Paid
Response Waived
Tags: 2nd-amendment 351 (1973) which satisfies the habeas-corpus 411 US. 345 civil-rights custody-requirement due-process standing 2nd-amendment civil-rights due-process firearm-prohibition fundamental-rights habeas-corpus liberty-interest second-amendment self-defense severe-restraint-on-liberty standing
Key Terms:
SecondAmendment HabeasCorpus Immigration
Latest Conference: 2019-10-01
Question Presented (from Petition)

Is the following question one that jurists of reason would find debatable?

Does the total prohibition on the exercise of a person's fundamental Second Amendment right to keep a firearm in one's home for purposes of self-defense constitute the type of "severe restraint on liberty" described in Hensley v. Municipal Court, 411 U.S. 345, 351 (1973) which satisfies the habeas corpus custody requirement of 28 U.S.C. § 2254(a)?

Question Presented (AI Summary)

Does the total prohibition on the exercise of a person's fundamental Second Amendment right to keep a firearm in one's home for purposes of self-defense constitute the type of 'severe restraint on liberty' described in Hensley v. Municipal Court, 411 US. 345, 351 (1973) which satisfies the habeas corpus custody requirement of 28 U.S.C. § 2254(a)?

Docket Entries

2019-10-07
Petition DENIED.
2019-08-07
DISTRIBUTED for Conference of 10/1/2019.
2019-07-31
Waiver of right of respondent Robert Ferguson to respond filed.
2019-07-23
Petition for a writ of certiorari filed. (Response due August 26, 2019)

Attorneys

Kenneth Miller
James Elliot LobsenzCarney Badley Spellman, Petitioner
Robert Ferguson
Anne Elizabeth EgelerAttorney General's Office, Respondent