No. 24A369

Steven Walker v. United States, et al.

Lower Court: Ninth Circuit
Docketed: 2024-10-18
Status: Denied
Type: A
Tags: constitutional-burden due-process government-power second-amendment self-defense weapons-regulation
Latest Conference: 2024-12-13
Question Presented (from Petition)

1. In District of Columbia v. Heller, 554 U.S. 570, (2008), this Court rejected the government's belief that it has a plenary power over the individual's Second Amendment right to keep and bear arms. Id at 598-603. The Court further recognized the prohibition of government power over the right "is general" and that "[n]o clause in the constitution" could give to either the state or federal government "a power to disarm the people" as the Second Amendment is "a restraint" on both. Id. at 607. Question:

Does the unqualified constitutional prohibition established by the Second Amendment delegate to government a free-floating power to infringe upon the right of the people to keep and bear weapons for purposes of security, safety, and self-defense? And,

2. In NY Pistol & Rifle Assc. v. Bruen, 597 U.S. 1, 34 (2022), this Court held that the government must carry the burden of demonstrating whether the evidence supporting their gun control regulation is consistent with the principles underlying the Second Amendment, to overcome the presumption of protected conduct. Yet, there is not an established standard of proof. Question:

Does the constitutional burden of proof require the government to demonstrate by clear and convincing evidence that their weapons regulations are consistent with the principles underlying the Second Amendment?

Question Presented (AI Summary)

Whether the government may impose weapons regulations that infringe upon the Second Amendment right to keep and bear arms without meeting a clear standard of constitutional proof

Docket Entries

2024-12-16
Application (24A369) denied by the Court.
2024-11-26
DISTRIBUTED for Conference of 12/13/2024.
2024-11-26
Application (24A369) referred to the Court.
2024-11-08
Application (24A369) refiled and submitted to Justice Thomas.
2024-10-19
Application (24A369) denied by Justice Kagan.
2024-10-11
Application (24A369) for writ of injunction, submitted to Justice Kagan.

Attorneys

Steven Walker
Steven Eric Walker — Petitioner
United States, et al.
Elizabeth B. PrelogarSolicitor General, Respondent