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New York State Rifle & Pistol Association Inc. v. Bruen

Docket No. Op. Below Argument Opinion Vote Author Term
20-843 2nd Cir. Nov 3, 2021 Jun 23, 2022 6-3 Thomas OT 2021

Holding: New York"s proper-cause requirement for obtaining an unrestricted license to carry a concealed firearm violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms.

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Thomas on June 23, 2022. Justice Alito filed a concurring opinion. Justice Kavanaugh filed a concurring opinion, in which Chief Justice Roberts joined. Justice Barrett filed a concurring opinion. Justice Breyer filed a dissenting opinion, in which Justices Sotomayor and Kagan joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
12/17/2020Petition for a writ of certiorari filed. (Response due January 22, 2021)
12/23/2020Blanket Consent filed by Petitioner, New York State Rifle & Pistol Association, Inc., et al.
01/08/2021Motion to extend the time to file a response from January 22, 2021 to February 22, 2021, submitted to The Clerk.
01/11/2021Motion to extend the time to file a response is granted and the time is extended to and including February 22, 2021.
01/21/2021Brief amici curiae of Firearms Policy Coalition and Firearms Policy Foundation filed.
01/22/2021Brief amicus curiae of Korte Enterprises, LLC, d/b/a Korte Tree Care filed.
01/22/2021Brief amici curiae of State of Missouri.et al. filed.
01/22/2021Brief amici curiae of Law Enforcement Groups and State and Local Firearms Rights Groups filed.
02/12/2021Brief amicus curiae of Neal Goldfarb filed. (Brief corrected 3/1/21)
02/22/2021Brief of respondents Keith M. Corlett, et al. in opposition filed.
03/10/2021DISTRIBUTED for Conference of 3/26/2021.
03/10/2021Reply of petitioners New York State Rifle & Pistol Association, Inc., et al. filed. (Distributed)
03/29/2021DISTRIBUTED for Conference of 4/1/2021.
04/12/2021DISTRIBUTED for Conference of 4/16/2021.
04/19/2021DISTRIBUTED for Conference of 4/23/2021.
04/26/2021Petition GRANTED limited to the following question: Whether the State's denial of petitioners' applications for concealed-carry licenses for self-defense violated the Second Amendment.
05/07/2021Motion for an extension of time file the briefs on the merits filed.
05/11/2021Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 2, 2021. The time to file respondents' brief on the merits is extended to and including August 23, 2021.
05/27/2021Blanket Consent filed by Petitioner, New York State Rifle & Pistol Association, Inc., et al.
06/16/2021Motion for an further extension of time to file the briefs on the merits filed.
06/25/2021Motion to further extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is further extended to and including July 13, 2021. The time to file respondents' brief on the merits is further extended to and including September 14, 2021.
07/09/2021Brief amicus curiae of Alabama Center for Law and Liberty filed.
07/13/2021Brief of petitioners New York State Rifle & Pistol Association, Inc., et al. filed.
07/13/2021Joint appendix filed. (Statement of cost filed)
07/13/2021Brief amici curiae of Professors of Second Amendment Law, et al. filed.
07/14/2021Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
07/14/2021Brief amici curiae of Bay Colony Weapons Collectors, Inc. filed.
07/15/2021Brief amicus curiae of Association of New Jersey Rifle & Pistol Clubs, Inc. filed.
07/15/2021Brief amici curiae of Italo-American Jurists and Attorneys filed.
07/16/2021Brief amicus curiae of National African American Gun Association, Inc. filed.
07/16/2021Brief amicus curiae of Mountain States Legal Foundation's Center to Keep and Bear Arms filed.
07/16/2021Brief amicus curiae of George K. Young Jr. filed.
07/19/2021Brief amicus curiae of Citizens Committee for the Right to Keep and Bear Arms filed.
07/19/2021Brief amici curiae of Representative Claudia Tenney and 175 Additional Members of the U.S. House of Representatives filed.
07/19/2021Brief amicus curiae of The Buckeye Institute filed.
07/19/2021Brief amici curiae of The DC Project Foundation; Operation Blazing Sword"Pink Pistols; Jews for the Preservation of Firearms Ownership filed.
07/19/2021Brief amicus curiae of Patrick J. Charles in support of neither party filed.
07/20/2021Brief amicus curiae of J. Joel Alicea filed.
07/20/2021Brief amici curiae of Black Attorneys of Legal Aid, et al. filed.
07/20/2021Brief amicus curiae of American Constitutional Rights Union filed.
07/20/2021Brief amicus curiae of National Shooting Sports Foundation Inc. filed.
07/20/2021Brief amicus curiae of The Independent Institute filed.
07/20/2021Brief amici curiae of State of Arizona, et al. filed.
07/20/2021Brief amicus curiae of Governor of Texas filed.
07/20/2021Brief amici curiae of Law Enforcement Groups and State and Local Firearms Rights Groups filed.
07/20/2021Brief amicus curiae of American Center for Law and Justice filed.
07/20/2021Brief amici curiae of The Liberal Gun Club and Commonwealth Second Amendment filed.
07/20/2021Brief amici curiae of California Rifle & Pistol Association, Incorporated and Second Amendment Law Center, Inc filed.
07/20/2021Brief amicus curiae of Gun Owners of America, Inc., Gun Owners Foundation, and Heller Foundation filed.
07/20/2021Brief amici curiae of William English, Ph.D. and The Center for Human Liberty filed.
07/20/2021Brief amici curiae of Second Amendment Foundation, et al. filed.
07/20/2021Brief amici curiae of Lambert Henry, Russell Davenport, and Peter Fusco filed.
07/20/2021Brief amici curiae of Center for Defense of Free Enterprise, et al. filed.
07/20/2021Brief amicus curiae of The Cato Institute filed.
07/20/2021Brief amicus curiae of The League for Sportsmen, Law Enforcement and Defense filed.
07/20/2021Brief amici curiae of United States Senator Ted Cruz, and 24 Other U.S. Senators filed.
07/20/2021Brief amici curiae of National Foundation for Gun Rights and National Association for Gun Rights filed.
07/20/2021Brief amici curiae of Black Guns Matter, et al. filed.
07/20/2021Brief amici curiae of Professors Robert Leider and Nelson Lund, and the Buckeye Firearms Association filed.
07/20/2021Brief amicus curiae of Asian Pacific American Gun Owners Association filed.
07/20/2021Brief amici curiae of FPC American Victory Fund, et al. filed.
07/20/2021Brief amicus curiae of Madison Society Foundation, Inc. filed.
07/20/2021Brief amicus curiae of The Rutherford Institute filed.
07/20/2021Brief amicus curiae of The Goldwater Institute filed.
07/20/2021Brief amici curiae of The Firearms Policy Coalition and Professor Joyce Lee Malcolm filed.
07/20/2021Brief amicus curiae of Independent Women's Law Center filed.
07/20/2021Brief amicus curiae of NRA Civil Rights Defense Fund filed.
07/20/2021Brief amicus curiae of California Gun Rights Foundation filed.
07/20/2021Brief amici curiae of Second Amendment Law Professors in support of neither party filed.
07/20/2021Brief amicus curiae of Crime Prevention Research Center filed.
08/16/2021ARGUMENT SET FOR Wednesday, November 3, 2021.
09/01/2021Record requested from the U.S.C.A. 2nd Circuit.
09/01/2021The record from the U.S.C.A. 2nd Circuit has been electronically filed.
09/01/2021The record from the U.S.D.C. Northern District of New York has been electronically filed.
09/13/2021Brief amici curiae of J. Michael Luttig, et al. filed.
09/14/2021Brief of Kevin P. Bruen, et al. not accepted for filing. (September 15, 2021)
09/14/2021Brief of respondents Kevin P. Bruen, et al. filed.
09/14/2021Brief amicus curiae of Neal Goldfarb filed.
09/20/2021Brief amicus curiae of League of Women Voters filed. (Distributed)
09/20/2021Brief amici curiae of Amnesty International USA, et al. filed. (Distributed)
09/21/2021CIRCULATED
09/21/2021Brief amicus curiae of United States filed. (Distributed)
09/21/2021Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
09/21/2021Brief amicus curiae of Everytown for Gun Safety filed. (Distributed)
09/21/2021Brief amici curiae of The National Coalition Against Domestic Violence, et al. filed. (Distributed)
09/21/2021Brief amicus curiae of Giffords Law Center to Prevent Gun Violence filed. (Distributed)
09/21/2021Brief amici curiae of States of California, et al. filed. (Distributed)
09/21/2021Brief amici curiae of American Civil Liberties Union and New York Civil Liberties Union filed. (Distributed)
09/21/2021Brief amicus curiae of Violence Policy Center filed. (Distributed)
09/21/2021Brief amicus curiae of American Bar Association filed. (Distributed)
09/21/2021Brief amici curiae of Former Major City Police Chiefs filed. (Distributed)
09/21/2021Brief amicus curiae of Americans Against Gun Violence filed. (Distributed)
09/21/2021Brief amici curiae of United States Senators Charles E. Schumer, et al. filed. (Distributed)
09/21/2021Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc. and National Urban League filed. (Distributed)
09/21/2021Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. filed. (Distributed)
09/21/2021Brief amicus curiae of City of New York filed. (Distributed)
09/21/2021Brief amici curiae of American Medical Association, et al. filed. (Distributed)
09/21/2021Brief amici curiae of Professors of History and Law filed. (Distributed)
09/21/2021Brief amicus curiae of New York County Lawyers Association filed. (Distributed)
09/21/2021Brief amici curiae of Former National Security Officials filed. (Distributed)
09/21/2021Brief amicus curiae of March For Our Lives Action Fund filed. (Distributed)
09/21/2021Brief amicus curiae of Brady filed. (Distributed)
09/21/2021Brief amici curiae of City of Chicago and Eleven Other Cities filed. (Distributed)
09/21/2021Brief amicus curiae of Citizens Crime Commission of New York City filed. (Distributed)
09/21/2021Brief amici curiae of Members of the Business Community filed. (Distributed)
09/21/2021Brief amicus curiae of The Partnership for New York City filed. (Distributed)
09/21/2021Brief amici curiae of Corpus Linguistics Professors and Experts filed. (Distributed)
09/21/2021Brief amici curiae of Presiding Bishop and President of the House of Deputies of the Episcopal Church, et al. filed. (Distributed)
09/21/2021Brief amicus curiae of John Elson filed. (Distributed)
09/21/2021Brief amici curiae of National League of Cities, et al. filed. (Distributed)
09/21/2021Amicus brief of The Educational Fund to Stop Gun Violence and 35 Other Organizations not accepted for filing. (September 29, 2021 - Corrected version submitted).
09/21/2021Brief amici curiae of The Educational Fund to Stop Gun Violence and 35 Other Organizations filed. (Distributed)
09/21/2021Brief amici curiae of Social Scientists and Public Health Researchers in Support of Respondents filed. (Distributed)
09/21/2021Amicus brief of Prosecutors Against Gun Violence not accepted for filing. (Compliant PDF version submitted October 25, 2021)
09/21/2021Brief amicus curiae of Prosecutors Against Gun Violence filed. (Distributed)
09/23/2021Motion for leave to file amici brief out of time filed by Criminal Legal Scholars.
10/12/2021Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
10/12/2021Motion for leave to file amici brief out of time filed by Criminal Legal Scholars GRANTED.
10/14/2021Reply of petitioners New York State Rifle & Pistol Association, Inc., et al. filed. (Distributed)
10/18/2021The time for oral argument is allotted as follows: 35 minutes for petitioners, 20 minutes for respondents, and 15 minutes for the Acting Solicitor General.
11/03/2021Argued. For petitioners: Paul D. Clement, Washington, D. C. For respondents: Barbara D. Underwood, Solicitor General, New York, N. Y.; and Brian H. Fletcher, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
01/28/2022Letter of amicus curiae Commonwealth of Virginia notifying the Court of the Commonwealth"s change in position filed (Revised letter of 2/18/22). (Distributed)
06/23/2022Judgment REVERSED and case REMANDED. Thomas, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/21pdf/20-843_new_m648.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Alito, J., filed a concurring opinion. Kavanaugh, J., filed a concurring opinion, in which Roberts, C. J., joined. Barrett, J., filed a concurring opinion. Breyer, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined.
07/25/2022JUDGMENT ISSUED