Supreme Court Allocates New Batch of Second Amendment Petitions for September Conference

The U.S. Supreme Court on September 10 dispatched additional Second Amendment certiorari petitions for consideration at its September 29 long conference, expanding the docket of firearm-rights cases under review.

The move underscores the Court’s deepening engagement with challenges to federal firearm prohibitions, as advocates on both sides eye potential shifts in constitutional gun jurisprudence.

A Surge of 2A Petitions On Sept. 10, the Clerk’s Office issued orders distributing several more petitions questioning the constitutionality of lifetime bans under 18 U.S.C.§ 922(g)(1) and related firearm-possession restrictions. These join 31 petitions already slated for discussion, bringing the total to over 97 cert petitions presenting “prohibited person” issues this term.

Key Highlights

• Petitioners challenge the permanent disarmament of individuals convicted of misdemeanors, arguing it lacks historical precedent and exceeds traditional regulatory norms.
• Thirteen petitions have drawn justice-requested responses, indicating potential grants, though no Second Amendment case has ever advanced after such requests.
• Disposed petitions will appear as “Petition Denied” on the Court’s Orders List if no justice calls for a response or a waiver is filed.

Implications for Gun Rights Litigation This influx reflects growing demands for the Supreme Court to clarify the scope of Bruen and Heller precedents on individual rights versus regulatory authority. Observers anticipate that any grant of certiorari could reshape nationwide limits on firearm categories, eligibility criteria, and burdens on law-abiding citizens.

Next Steps The Court’s long conference on September 29 will determine which, if any, of these petitions proceed to briefing and oral argument. A decision to hear even one of the § 922(g)(1) challenges could prompt sweeping reassessments of federal and state firearm-disqualification statutes.

Subheads Petitions in Focus

• Bernard v. United States: lifetime ban following misdemeanor domestic violence conviction
• Nutter v. United States: categorical prohibition for reckless misdemeanor offenses

What’s at Stake

• The balance between public safety objectives and individual self-defense rights
• The historical tradition test established in New York State Rifle & Pistol Assn. v. Bruen
• Potential for nationwide uniformity in firearm-eligibility standards