SCOTUS Gun Watch – Week of 5/18/20

Of the 11 Second Amendment cases the Court discussed at conference last Friday, it took action in only 1. The Court GVR’d Beers v. Barr, meaning that it sent the case back to the lower court to dismiss as moot because the challenger in that case—who had been prohibited from possessing firearms under 18 U.S.C. § 922(g)(4) based of a prior involuntary mental health commitment—had since had his rights restored under state law and was thus no longer prohibited. Along with NYSRPA that’s two mootness dismissals on Second Amendment cases in just a month. (The Trump Administration’s actions through ATF were the prime contributor to this case becoming moot, so it may not be explainable in quite the same terms as the NYSRPA mootness issue.)

Beers was the only prohibited person case pending before the Court, so we won’t get any answers on that question (which is one of the few issues that has split the circuits) in the immediate future. The Court has now relisted the remaining 10 cases for conference this Thursday, 5/21. The next order list, where we’ll find out if the Court has decided to hear a new case, is scheduled to come out on Tuesday, 5/26 (because Monday is a holiday).