Johnson v. New York (25-6940): SCOTUS Cert Petition Pending

A petition for a writ of certiorari is pending before the U.S. Supreme Court in Johnson v. New York (No. 25-6940), challenging a New York firearms regulation under the Second Amendment. New York filed its brief in opposition on May 11, 2026, the Attorney General of New York filed a separate opposition as intervenor on May 15, 2026, and Omar Johnson filed his reply on June 3, 2026. The Court has distributed the petition for its conference of June 18, 2026.^[1]

What the Case Involves

Johnson v. New York is a criminal defense case, not an offensive challenge to a current New York regulation. Omar Johnson was prosecuted for unlicensed firearm possession under New York's pre-Bruen licensing scheme, which required applicants to show "proper cause" before receiving a license to carry. The Supreme Court held in Bruen (2022) that the "proper cause" standard was unconstitutional. Johnson argued that his conviction cannot stand because the licensing scheme under which he was prosecuted contained an unconstitutional standard. The New York Court of Appeals rejected his defense on severability grounds, holding that New York's other licensing requirements remained valid even after Bruen invalidated the "proper cause" standard.

The question presented is: whether, or under what circumstances, individuals can be criminally prosecuted for failing to comply with a licensing scheme that contains a facially unconstitutional licensing standard. This is a question of constitutional severability doctrine, not a direct challenge to any current post-Bruen New York regulation.

SCOTUS Cert Petition Process

Filing a cert petition does not mean the Supreme Court will hear the case. The Court grants certiorari in roughly 1 to 2 percent of petitions it receives. After New York files its response, the Court typically places the petition on a conference agenda. If four justices vote to grant review (the "Rule of Four"), the case is set for briefing and oral argument. If fewer than four justices vote to grant, the petition is denied without comment and the lower court's ruling stands.

Why This Case Matters

The Supreme Court has not yet taken up a Second Amendment case focused specifically on New York's post-Bruen regulatory framework since declining to hear Antonyuk v. James in April 2025. New York-specific cert petitions signal ongoing pressure from litigants who believe the Second Circuit's approach to the historical-tradition test is too permissive of state regulation. The Court's decision whether to grant or deny certiorari in Johnson v. New York will be watched closely as an indicator of the justices' appetite for revisiting Second Amendment doctrine in the near term.

Current Status

The cert petition was filed and assigned docket number 25-6940. The Court requested a response on March 16, 2026, and extended the response deadline to May 15, 2026. New York filed its brief in opposition on May 11, 2026, the Attorney General of New York filed a separate opposition as intervenor on May 15, 2026, and Omar Johnson filed his reply brief on June 3, 2026. The Court has distributed the case for its conference of June 18, 2026. This case predates the CCIA and does not challenge any CCIA provision. New York's current carry licensing framework is the subject of separate litigation. A cert petition does not stay any lower court ruling or enjoin enforcement of any challenged law.

What to Watch

The June 18, 2026 conference is the next milestone. The Court typically releases an order list a few days later, around June 22, 2026. Watch that list for one of three outcomes: an order granting certiorari, a denial (the most common result, which appears without explanation), or a relist that carries the petition to a later conference. An order calling for the views of the Solicitor General would signal heightened Court interest.