Cert Petitions Update

  • Date:
  • June 12, 2019

Last week, we highlighted the five pending petitions asking the Supreme Court to review gun-related rulings. We've got one update, in which the Court denied cert, and one to add to the "watch list."

As a reminder, below are the five cases we highlighted.

Case Court Below Date of Petition Challenged Law Status
Mance v. Barr 5th Cir. 19-Nov-18 Federal ban on out-of-state handgun purchases distributed at

12-Apr-19 conf.

Rogers v. Grewal 3rd Cir. 20-Dec-18 “May issue” public carry regime distributed at

23-May-19 conf.

Pena v. Horan 9th Cir. 28-Dec-18 California’s Unsafe Handgun Act (microstamping, etc.) distributed at

12-Apr-19 conf.

Kettler v. United States 10th Cir. 14-Jan-19 National Firearms Act (under taxing power); whether silencers are protected under the Second Amendment distributed at

6-June-19 conf.

Gould v. Lipson 1st Cir. 1-Apr-19 “May issue” public carry regime distributed at

6-June-19 conf.

On Monday, the Supreme Court denied the petition in Kettler. That means the Court won't hear argument on whether silencers are protected under the Second Amendment. Interestingly, the Court also considered Gould at the same conference as Kettler, but took no action on the petition.

And, along with the other not-yet-pending-but-cases-to-watch, we have another to add to the list. As Dru Stevenson helpfully reminded us, the D.C. Circuit decision allowing the Trump Administration's bump-stock ban to go into effect, Guedes v. ATF, is ripe for Supreme Court review. The fact that the challengers (unsuccessfully) sought a stay from the Supreme Court before the law went into effect may indicate their appetite for continuing the challenge.