SCOTUS Gun Watch – Week of 4/20/20
We continue to have quiet on the Court’s gun docket, but it did issue three other opinions this week and announced that it may issue more on Thursday, so the Court’s active.
Today the Court also asked for a response in Rodriguez v. San Jose, which challenges a warrantless search/seizure of firearms. “A Supreme Court ‘call for response’ signals that someone at the high court is interested in a case, and Bloomberg Law research shows that it slightly increases the likelihood that the case will get granted.” Although the odds of a cert grant are always low, this research showed that cert is 5 times more likely to be granted after a call for response. We’ll be watching that one, which has been distributed for the April 24 conference, but will likely be held for the response due next month.
| 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 | Cert Denied |
| Medina v. Barr | D.C. Cir. | 30-Aug-19 | Ban on felon possession under 922(g)(1) (as applied) | Cert Denied |
| Worman v. Healey | 1st Cir. | 23-Sep-19 | Ban on assault weapons and high-capacity magazines | distributed
10-Jan-20 conf. |
| Malpasso v. Pallozzi | 4th Cir. | 26-Sep-19 | MD “may issue” public carry regime | distributed
24-Jan-20 conf. |
| Pennsylvania v. Hicks | Penn. | 27-Sep-19 | How a firearm can factor into reasonable suspicion under the Fourth Amendment | Cert Denied |
| Culp v. Raoul | 7th Cir. | 10-Oct-19 | IL refusal to grant carry permits to most non-residents | distributed
21-Feb-20 conf. |
| Matsura v. United States | 9th Cir. | 25-Oct-19 | Unlawful possession of a firearm by a prohibited person | Cert Granted; vacated and remanded |
| Baker v. City of Trenton, MI | 6th Cir. | 26-Nov-19 | Reasonableness of warrantless search in light of the Second Amendment | Cert Denied |
| Wilson v. Cook County, IL | 7th Circ. | 27-Nov-19 | Assault weapons and high-capacity magazine ban | distributed
6-Mar-20 conf. |
| Beers v. Barr | 3rd Cir. | 9-Jan-20 | Unlawful possession of a firearm by a prohibited person (involuntarily committed) | reply due @
14-Apr-20
|
| Rodriguez v. San Jose | 9th Cir. | 21-Feb-20 | Warrantless search and seizure of firearms under Second & Fourth Amendments | resp. requested –due 20-May-20 |