SCOTUS Gun Watch, Episode 3
Last week was another relatively quiet week on the gun docket. A few briefing deadlines were extended, and we got one new firearms-related cert petition this week in a case seeking GVR (grant, vacate, and remand; a form of summarily sending a case back to the lower court to consider in light of a recent Supreme Court case or other intervening change in law). That case argues GVR is warranted in light of last term’s Rehaif decision requiring the government to prove that an individual prohibited from possessing guns knew the status that made his possession unlawful (here, his particular immigration status).
One highlight for the week: the case arising from the Sandy Hook massacre—Remington v. Soto—which I’ve written about a couple of times (here and here), goes to its first conference this Friday. It’s possible, though unlikely, that we’ll hear news about the Court’s decision to hear the case or not in the orders coming next Tuesday after the conference. (Monday’s a federal holiday next week, so no orders then.) It’s more likely we’ll have to wait a little longer if the Court is inclined to hear the case as the Court increasingly relies on the practice of relisting a case for multiple conferences in the event it’s going to grant review.
Case | Ct. 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 conf. |
Rogers v. Grewal | 3rd Cir. | 20-Dec-18 | NJ “may issue” public carry regime | distributed
23-May-19 conf. |
Pena v. Horan | 9th Cir. | 28-Dec-18 | California’s Unsafe Handgun Act (microstamping, etc.) | distributed
12-Apr-19 conf. |
Gould v. Lipson | 1st Cir. | 1-Apr-19 | MA “may issue” public carry regime (as implemented locally) | distributed
6-June-19 conf. |
Cheeseman v. Polillo | N.J. | 28-June-19 | NJ “may issue” public carry regime | distributed
18-Oct-19 conf. |
Ciolek v. New Jersey | N.J. | 18-July-19 | NJ “may issue” public carry regime | distributed
1-Oct-19 conf. |
Daniel v. Armslist | Wisc. | 29-July-19 | Scope of immunity for gun-broker website under Communications Decency Act | reply filed 31-Oct-2019 |
Remington Arms v. Soto | Conn. | 1-Aug-19 | Scope of gunmaker immunity under the Protection for Lawful Commerce in Arms Act | distributed for
8-Nov-19 conf. |
Guedes v. ATF | D.C. Cir. | 29-Aug-19 | Ban on bump stocks | resp. due 4-Dec-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 9-Dec-19 |
Malpasso v. Hamilton | 4th Cir. | 26-Sep-19 | MD “may issue” public carry regime | [resp. extension request pending] |
Culp v. Raoul | 7th Cir. | 10-Oct-19 | IL refusal to grant carry permits to most non-residents | [resp. extension request pending] |
Matsura v. United States | 9th Cir. | 25-Oct-19 | Unlawful possession of a firearm by a prohibited person | resp. due 29-Nov-19 |