Outstanding Second Amendment and Firearms Law Cert Petitions
As the Supreme Court starts its new Term, with one Second Amendment case docketed (for now), it seems like a good time to review the outstanding petitions awaiting action at the Court. These petitions raise a variety of Second Amendment and firearms-related issues, including important questions of statutory interpretation and the scope of agency discretion. I’ve previously written about the recent requests for Supreme Court review (here and here) and, surprisingly or not, many of the petitions highlighted there--more than four months ago--have yet to be acted on.
Below are the petitions outstanding at the Court (sorted by date the petition was filed). Note that some of these may be resolved on Monday when orders from the Long Conference are expected.
Case | Court Below | Pet. Filed | Implicated Law/Issue | Status |
Mance v. Barr | 5th Cir. | 19-Nov-18 | Federal ban on out-of-state handgun purchases | distributed
12-Apr-19 conference |
Rogers v. Grewal | 3rd Cir. | 20-Dec-18 | NJ “may issue” public carry regime | distributed
23-May-19 conference |
Pena v. Horan | 9th Cir. | 28-Dec-18 | California’s Unsafe Handgun Act (microstamping, etc.) | distributed
12-Apr-19 conference |
Gould v. Lipson | 1st Cir. | 1-Apr-19 | MA “may issue” public carry regime (as implemented locally) | distributed
6-June-19 conference |
Armament Services v. Barr | 3d Cir. | 19-June-19 | What constitutes a “willful” violation of the Gun Control Act for revocation of a Federal Firearm License | distributed
1-Oct-19 conference |
Cheeseman v. Polillo | N.J. | 28-June-19 | NJ “may issue” public carry regime | relisted for 18-Oct-19 conference |
Ciolek v. New Jersey | N.J. | 18-July-19 | NJ “may issue” public carry regime | distributed
1-Oct-19 conference |
Miller v. Ferguson | 9th Cir. | 23-July-19 | Ban on firearm possession (as sufficient restraint to invoke habeas) | distributed
1-Oct-19 conference |
Daniel v. Armslist | Wisc. | 29-July-19 | Scope of immunity for gun-broker website under Communications Decency Act | resp. due 18-Oct-2019 |
Remington Arms v. Soto | Conn. | 1-Aug-19 | Scope of gunmaker immunity under the Protection for Lawful Commerce in Arms Act | reply due 18-Oct-2019 |
Guedes v. ATF | D.C. Cir. | 29-Aug-19 | Ban on bump stocks | resp. due 4-Nov-2019 |
Medina v. Barr | D.C. Cir. | 30-Aug-19 | Ban on felon possession under 922(g)(1) (as applied) | resp. due 4-Nov-2019 |
Worman v. Healey | 1st Cir. | 23-Sep-19 | Ban on assault weapons and high-capacity magazines | resp. due 25-Oct-19 |
Malpasso v. Hamilton | 4th Cir. | 26-Sep-19 | MD “may issue” public carry regime | resp. due 30-Oct-19 |