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United States v. Rahimi

Docket No.22-915
Op. Below5th Cir.
ArgumentNov 7, 2023

Holding

When an individual has been found by a court to pose a credible threat to the physical safety of another, that individual may be temporarily disarmed consistent with the Second Amendment.

Judgment

Reversed and remanded, 8-1, in an opinion by John Roberts on Jun 21, 2024. Justice Sotomayor filed a concurring opinion, in which Justice Kagan joined. Justices Gorsuch, Kavanaugh, Barrett, and Jackson filed concurring opinions. Justice Thomas filed a dissenting opinion.

Proceedings & orders timeline

Mar 17, 2023
Petition for a writ of certiorari filed. (Response due April 20, 2023)
Apr 10, 2023
Motion to extend the time to file a response from April 20, 2023 to May 23, 2023, submitted to The Clerk.
Apr 11, 2023
Motion to extend the time to file a response is granted and the time is extended to and including May 23, 2023.
Apr 20, 2023
Brief amicus curiae of California Governor Gavin Newsom filed.
Apr 20, 2023
Brief amicus curiae of Texas Advocacy Project filed.
Apr 20, 2023
Brief amici curiae of Gun Violence and Domestic Violence Prevention Groups filed.
Apr 20, 2023
Brief amicus curiae of New York County Lawyers Association filed.
Apr 20, 2023
Brief amici curiae of Illinois, et al. filed.
Apr 20, 2023
Brief amici curiae of Joshua Horwitz, et al. filed.
Apr 20, 2023
Brief amici curiae of Tarrant County Criminal District Attorney, et al. filed.
May 15, 2023
Motion to extend the time to file a response from May 23, 2023 to June 13, 2023, submitted to The Clerk.
May 16, 2023
Response to motion to extend the time to file a response filed.
May 16, 2023
Motion to extend the time to file a response is granted in part and the time is further extended to and including May 30, 2023.
May 30, 2023
Brief of respondent Zackey Rahimi in opposition filed.
May 30, 2023
Motion for leave to proceed in forma pauperis (Docketed June 5, 2023) filed by respondent Zackey Rahimi.
Jun 1, 2023
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 received.
Jun 6, 2023
DISTRIBUTED for Conference of 6/22/2023.
Jun 6, 2023
Reply of petitioner United States filed. (Distributed)
Jun 29, 2023
DISTRIBUTED for Conference of 6/29/2023.
Jun 30, 2023
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jun 30, 2023
Petition GRANTED.
Aug 4, 2023
Motion for an extension of time filed.
Aug 14, 2023
Brief of petitioner United States filed.
Aug 14, 2023
Joint appendix filed.
Aug 17, 2023
Brief amicus curiae of Patrick J. Charles in support of neither party filed.
Aug 18, 2023
Brief amicus curiae of 97Percent filed.
Aug 18, 2023
Brief amicus curiae of California Legislative Women's Caucus filed.
Aug 21, 2023
Brief amici curiae of City of New York, et al. filed.
Aug 21, 2023
Brief amici curiae of National Indigenous Women's Resource Center, et al. filed.
Aug 21, 2023
Brief amici curiae of Second Amendment Law Scholars filed.
Aug 21, 2023
Brief amici curiae of Educators, Practitioners, et al. filed.
Aug 21, 2023
Brief amici curiae of Tarrant County Criminal District Attorney et al filed.
Aug 21, 2023
Brief amicus curiae of New York County Lawyers Association filed.
Aug 21, 2023
Brief amici curiae of Professors of History and Law filed.
Aug 21, 2023
Brief amici curiae of Legal Aid Chicago, et al. filed.
Aug 21, 2023
Brief amici curiae of Religious Leaders and Organizations filed.
Aug 21, 2023
Brief amici curiae of DC Coalition Against Domestic Violence, et al. filed.
Aug 21, 2023
Brief amici curiae of Illinois, et al. filed.
Aug 21, 2023
Brief amici curiae of National League of Cities, et al. filed.
Aug 21, 2023
Brief amicus curiae of Center for Reproductive Rights filed.
Aug 21, 2023
Brief amici curiae of Senator Richard Blumenthal, et al. filed.
Aug 21, 2023
Brief amici curiae of Senator Amy Klobuchar, et al. filed.
Aug 21, 2023
Brief amici curiae of Gun Violence and Domestic Violence Prevention Groups filed.
Aug 21, 2023
Brief amici curiae of Public-Health Researchers and Lawyers filed.
Aug 21, 2023
Brief amicus curiae of American Civil Liberties Union Foundation filed.
Aug 21, 2023
Brief amici curiae of Former State Chief Justices and Chief Judges filed.
Aug 21, 2023
Brief amici curiae of Global Action On Gun Violence, et al. filed.
Aug 21, 2023
Brief amicus curiae of Prosecutors Against Gun Violence filed.
Aug 21, 2023
Brief amicus curiae of California Governor Gavin Newsom filed.
Aug 21, 2023
Brief amicus curiae of March For Our Lives Action Fund filed.
Aug 21, 2023
Brief amicus curiae of AEquitas filed.
Aug 21, 2023
Brief amicus curiae of Giffords Law Center to Prevent Gun Violence filed.
Aug 21, 2023
Brief amici curiae of Texas Advocacy Project, et al. filed.
Aug 21, 2023
Brief amicus curiae of Citizens Crime Commission of New York City filed.
Aug 21, 2023
Brief amicus curiae of United States Conference of Catholic Bishops filed.
Aug 21, 2023
Brief amicus curiae of Professor Mary Anne Franks filed.
Aug 21, 2023
Brief amicus curiae of Houston Area Women’s Center filed.
Aug 21, 2023
Brief amicus curiae of Everytown for Gun Safety filed.
Aug 21, 2023
Amicus brief of Prosecutor and Law Enforcement Associations and Office not accepted for filing. (Dupilicate submission--August 24, 2023)
Aug 21, 2023
Brief amici curiae of Prosecutor and Law Enforcement Associations, et al. filed.
Aug 21, 2023
Brief amici curiae of American Medical Association, et al. filed.
Aug 21, 2023
Brief amici curiae of The Domestic Violence Legal Empowerment and Appeals Project, et al. filed.
Aug 22, 2023
Brief amicus curiae of Americans Against Gun Violence filed.
Aug 24, 2023
Motion to extend the time to file respondent's brief on the merits is granted and the time is extended to and including September 27, 2023.
Sep 6, 2023
SET FOR ARGUMENT on Tuesday, November 7, 2023.
Sep 7, 2023
Record requested from the United States Court of Appeals for the Fifth Circuit.
Sep 14, 2023
Record from the United States District Court for the Northern District of Texas received electronically and available with the Clerk. The USCA-5 record is available on PACER.
Sep 18, 2023
CIRCULATED
Sep 22, 2023
Brief amicus curiae of Center for Prosecutor Integrity filed. (Distributed)
Sep 27, 2023
Brief of respondent Zackey Rahimi filed. (Distributed)
Oct 2, 2023
Brief amicus curiae of National Association for Gun Rights filed. (Distributed)
Oct 3, 2023
Brief amici curiae of Cato Institute, et al. filed. (Distributed)
Oct 3, 2023
Brief amici curiae of Alameda County Public Defenders, et al. filed. (Distributed)
Oct 3, 2023
Brief amicus curiae of Professor Nicholas Johnson filed. (Distributed)
Oct 3, 2023
Brief amici curiae of Phyllis Schlafly Eagles and Eagle Forum Education & Legal Defense Fund filed. (Distributed)
Oct 4, 2023
Brief amici curiae of The Bronx Defenders Union and National Association of Criminal Defense Lawyers filed. (Distributed)
Oct 4, 2023
Brief amicus curiae of California Rifle & Pistol Association, Inc. and Gun Owners of California filed. (Distributed)
Oct 4, 2023
Brief amicus curiae of National Association of Federal Defenders filed. (Distributed)
Oct 4, 2023
Brief amici curiae of Professors of Second Amendment Law, et al. filed. (Distributed)
Oct 4, 2023
Brief amicus curiae of FPC Action Foundation filed. (Distributed)
Oct 4, 2023
Brief amici curiae of Law Enforcement Groups and Firearms Rights Groups filed. (Distributed)
Oct 4, 2023
Brief amicus curiae of National African American Gun Association, Inc. filed. (Distributed)
Oct 4, 2023
Brief amicus curiae of Foundation for Moral Law filed. (Distributed)
Oct 4, 2023
Brief amicus curiae of Firearms Policy Coalition filed. (Distributed)
Oct 4, 2023
Brief amicus curiae of The Second Amendment Foundation filed. (Distributed)
Oct 4, 2023
Brief amicus curiae of Angus Kirk McClellan, PhD. filed. (Distributed)
Oct 4, 2023
Brief amicus curiae of Center for Human Liberty filed. (Distributed)
Oct 4, 2023
Brief amicus curiae of Crime Prevention Research Center filed. (Distributed)
Oct 4, 2023
Brief amicus curiae of National Rifle Associationof America, Inc. filed. (Distributed)
Oct 4, 2023
Brief amici curiae of William English, Ph.D. and Citizens Committee for the Right to Keep and Bear Arms filed. (Distributed)
Oct 4, 2023
Brief amici curiae of Gun Owners of America, Inc., et al. filed. (Distributed)
Oct 6, 2023
Proposal to lodge filed.
Oct 25, 2023
Reply of petitioner United States filed. (Distributed)
Nov 2, 2023
Amicus brief of Professor Lorianne Updike-Toler not accepted for filing. (Corrected version to be submitted--November 09, 2023.)
Nov 2, 2023
Motion for leave to file amicus brief out of time filed by Professor Lorianne Updike-Toler. (Corrected filing submitted November 22, 2023.)
Nov 7, 2023
Argued. For petitioner: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondent: J. Matthew Wright, Assistant Federal Public Defender, Amarillo, Tex.
Dec 11, 2023
Motion for leave to file amicus brief out of time filed by Professor Lorianne Updike-Toler DENIED.
Jun 21, 2024
Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion for the Court, in which Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, Barrett, and Jackson, JJ., joined. Sotomayor, J., filed a concurring opinion, in which Kagan, J., joined. Gorsuch, J., Kavanaugh, J., Barrett, J., and Jackson, J., filed concurring opinions. Thomas, J., filed a dissenting opinion.
Jul 23, 2024
Judgment Issued. (Rev. 7/25/2024)

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