SCOTUS Gun Watch, Episode 6
We’re just one week out from oral arguments in NYSRPA! And, to keep the drama high, briefing just concluded for good this past week. The City and the petitioners filed their responses to the SG's letter brief on mootness. Next week, in addition to the normal SCOTUS Gun Watch, we’ll be doing some coverage of the arguments on Monday and throughout the week. We’ll also be joined by Nina Totenberg on Thursday, December 12th in Washington, D.C. for a discussion about the Court’s arguments and some help reading the tea leaves. (Sign up here!)
There were no new firearms law cert petitions filed this week, but some of the briefing has concluded in pending cases, teeing them up for conference scheduling. The biggest news out of today’s conference is the Supreme Court’s denial of the petition in Daniel v. Armslist, which sought to impose liability on the gun broker website for facilitating sale to a prohibited person.
| 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 | Cert Denied |
| Remington Arms v. Soto | Conn. | 1-Aug-19 | Scope of gunmaker immunity under the Protection for Lawful Commerce in Arms Act | Cert Denied |
| Guedes v. ATF | D.C. Cir. | 29-Aug-19 | Ban on bump stocks | resp. due 4-Dec-19 |
| Medina v. Barr | D.C. Cir. | 30-Aug-19 | Ban on felon possession under 922(g)(1) (as applied) | distributed for 6-Dec-19 conf. |
| Worman v. Healey | 1st Cir. | 23-Sep-19 | Ban on assault weapons and high-capacity magazines | resp. due 9-Dec-19 |
| Malpasso v. Pallozzi | 4th Cir. | 26-Sep-19 | MD “may issue” public carry regime | resp. due 18-Dec-19 |
| Pennsylvania v. Hicks | Penn. | 27-Sep-19 | How a firearm can factor into reasonable suspicion under the Fourth Amendment | distributed for 6-Dec-19 conf. |
| Culp v. Raoul | 7th Cir. | 10-Oct-19 | IL refusal to grant carry permits to most non-residents | resp. due 13-Jan-20 |
| Matsura v. United States | 9th Cir. | 25-Oct-19 | Unlawful possession of a firearm by a prohibited person | resp. due 30-Dec-19 |