Comm2A

Question Presented:

Whether the “right to keep and bear arms” protected by the Second Amendment of the United States Constitution as enunciated in District of Columbia v. Heller, 554 U.S. _____, 128 S..Ct. 2783, 171 L.Ed. 637 (2008) applies retroactively to a person who possessed a handgun in his own home without a registration certificate that was not obtainable at that time by ordinary, law-abiding citizens; and had not asserted his Second Amendment right at a trial held prior to Heller.

As both Heller and McDonald v. City of Chicago, 130 S. Ct. 3020; 177 L. Ed. 2d 894 (2010) were civil cases, the issue of retroactivity to criminal cases was not directly addressed.

Status: Pending review

Docket: 11-5241

10/09/2010 - Decision of the DC Court of Appeals

07/13/2011 - Petition for writ of Certiorari before the Supreme Court of the United States

11/14/2011 - Response due

12/29/2011 - Distributed for conference on January 13th.

01/13/2011 - Denied