No. 21-104

Robert Timothy Harley v. Merrick B. Garland, Attorney General, et al.

Lower Court: Fourth Circuit
Docketed: 2021-07-26
Status: Denied
Type: Paid
Tags: as-applied-challenge circuit-split civil-rights constitutional-challenge due-process firearm-possession hearth-and-home second-amendment statutory-interpretation
Key Terms:
SecondAmendment FirstAmendment DueProcess JusticiabilityDoctri
Latest Conference: 2021-10-29
Question Presented (from Petition)

Can there be a personal, individual as-applied challenge under the Second Amendment to a prohibition on the possession of a firearm for the protection of hearth and home which contends that the statutory ban at issue, in this case 18 U.S.C. §922(g)(9), is constitutional, but that it is not constitutional when applied specifically to the individual person raising the challenge, because of their unique and individual circumstances?

Question Presented (AI Summary)

Whether there can be a personal, individual as-applied challenge under the Second Amendment to a prohibition on the possession of a firearm for the protection of hearth and home

Docket Entries

2021-11-01
Petition DENIED.
2021-10-13
DISTRIBUTED for Conference of 10/29/2021.
2021-10-13
Reply of petitioner Robert Harley filed. (Distributed)
2021-09-24
Brief of respondents Merrick B. Garland, Attorney General, et al. in opposition filed.
2021-08-02
Motion to extend the time to file a response is granted and the time is extended to and including September 24, 2021.
2021-07-30
Motion to extend the time to file a response from August 25, 2021 to September 24, 2021, submitted to The Clerk.
2021-07-22
Petition for a writ of certiorari filed. (Response due August 25, 2021)

Attorneys

Attorney General of the US, Director of ATFE, et al.
Brian H. FletcherActing Solicitor General, Respondent
Robert Harley
Marvin David MillerThe Law Offices of Marvin D. Miller, Petitioner