Duke Center for Firearms Law
Duke Law logo

SCOTUS Gun Watch – Week of 5/18/20

By on May 18, 2020 Categories: ,

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).

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 for

21-May-20 conf.

Rogers v. Grewal  3rd Cir. 20-Dec-18 NJ “may issue” public carry regime distributed for

21-May-20 conf.

Pena v. Horan  9th Cir. 28-Dec-18 California’s Unsafe Handgun Act (microstamping, etc.) distributed for

21-May-20 conf.

Gould v. Lipson  1st Cir. 1-Apr-19 MA “may issue” public carry regime (as implemented locally) distributed for

21-May-20 conf.

Cheeseman v. Polillo N.J. 28-June-19 NJ “may issue” public carry regime distributed for

21-May-20 conf.

Ciolek v. New Jersey N.J. 18-July-19 NJ “may issue” public carry regime distributed for

21-May-20 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 for

21-May-20 conf.

Malpasso v. Pallozzi 4th Cir. 26-Sep-19 MD “may issue” public carry regime distributed for

21-May-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 for

21-May-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 for

21-May-20 conf.

Beers v. Barr 3rd Cir. 9-Jan-20 Unlawful possession of a firearm by a prohibited person (involuntarily committed) Cert Granted; vacated and remanded
Rodriguez v. San Jose 9th Cir. 21-Feb-20 Warrantless search and seizure of firearms under Second & Fourth Amendments resp. requested –due 22-June-20