Summary: Federal Second Amendment constitutional challenge to federal lifetime ban under 18 U.S.C. § 922(g)(1) on firearm and ammunition possession/acquisition by those previously convicted of a qualifying non-violent crime.
Plaintiff/Appellee: Raymond Holloway, Jr.
Defendants/Appellants: United States Attorney General Merrick Garland, et al.
Supreme Court Counsel: FPC Director of Research Joseph Greenlee; Erik Jaffe of appellate/Supreme Court boutique firm Schaerr | Jaffe (bio); Joshua Prince; FPC Director of Legal Strategy Adam Kraut
Supreme Court Docket: Link
Background: Joseph G.S. Greenlee, The Historical Justification For Prohibiting Dangerous Persons From Possessing Arms, 20 Wyo. L. Rev. 249 (2020)
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News Releases:
2020-12-3: FPC Files Supreme Court Petition for Certiorari in Second Amendment Challenge Holloway v. Barr
Key Events & Filings:
2021-3-23: Reply of Raymond Holloway, Jr.
2021-3-10: Brief of Robert M. Wilkinson, Acting Attorney General, et al. in opposition
2021-2-26: Amicus brief of Neal Goldfarb
2021-01-07: Amicus brief of Montana Shooting Sports Association, Inc.
2021-01-07: Amicus brief of American Constitutional Rights Union
2020-12-3: U.S. Supreme Court - Petition for Certiorari
2020-7-9: Amended Third Circuit Order Denying Rehearing En Banc
2020-2-24: Reply in Support of Petition for En Banc Rehearing
2020-5-28: Government's response to plaintiff’s petition for rehearing en banc
2020-4-16: The foregoing unopposed motion by Appellant for a 30-Day extension of time to file a response to plaintiff’s petition for rehearing En Banc is granted. The Answer shall be filed on or before May 28, 2020.
2020-4-14: Order directing Attorney General Barr to file a response to petition (Present: SMITH, Chief Judge, McKEE, AMBRO, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR., SHWARTZ, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY, PHIPPS, FUENTES, and FISHER, Circuit Judges: "Appellant Attorney General is directed to file an answer to the Appellee’s petition for rehearing within fourteen (14) days from the date of this order. The answer shall not exceed fifteen (15) pages.")
2020-4-14: Order Granting Motion for FPC, et al. Amicus Brief
2020-4-8: Brief of FPC/FPF/SAF/MSF in Support of En Banc Rehearing
2020-4-1: Petition for En Banc Rehearing
2020-2-5: TEXT ONLY ORDER (Clerk) granting Unopposed Motion for Extension of Time to File Petition for Rehearing filed by Appellee Raymond Holloway, Jr. Appellee's petition for rehearing must be filed on or before April 1, 2020. (DW)
2020-2-2: Request for Extension of Time to File Petition for Rehearing En Banc
2020-1-17: Decision
2019-10-2: CA3 Oral Argument (audio)
2019-7-15: Government's reply brief
2019-7-1: FPC/FPF/SAF/FOAC/MSF amicus brief in support of Plaintiff-Appellee
2019-6-24: Appellee's Opposition Brief
2019-4-24: Government's Opening Brief (redacted/sealed)
2018-9-28: Memorandum and Order Granting Summary Judgment and Injunctive Relief for Holloway
