blog/show

SCOTUS Gun Watch – Week of 10/26/20

  • Date:
  • October 26th, 2020

By: Jacob Charles

Barring some major unexpected events, the Supreme Court could well be back up to nine members within the next week. As others have written at length, that could have a monumental impact across myriad areas of law. One of those is the Second Amendment, and a new Justice Barrett will be joining a Court that has several options available to create greater protection for the right to keep and bear arms, along with a host of other non-constitutional gun cases.

Case Ct. Below Pet. Filed Implicated Law/Issue Status
Rodriguez v. San Jose

(19-1057)

9th Cir. 21-Feb-20 Warrantless search and seizure of firearms under Second & Fourth Amendments Cert Denied
Johnson v. United States

(19-1390)

4th. Cir. 12-Jun-20 Vagueness challenge to the Armed Career Criminal Act’s elements clause Cert Denied
Zoie H. v Nebraska

(19-1418)

Neb. Sup. Ct. 22-June-20

 

Second and Sixth Amendment challenge to jury-less conviction that can result in gun disqualifer for juveniles Cert Denied
Caniglia v. Strom

(20-157)

1st Cir. 10-Aug-20 Fourth Amendment challenge to gun removal reply due @ 28-Oct-20
Hobbs v. United States

(20-171)

6th Cir. 13-Aug-20 Guilty plea under 922(g) without knowledge of disqualifying status

 

reply due @ 30-Oct-20
Torres v. United States

(20-5579)

9th Cir. 27-Aug-20 As-applied challenge to 922(g)(1) response due 2-Nov-20
Caldara v. City of Boulder

(20-416)

10th Cir. 24-Sep-20 Federal court abstention over Second Amendment claims being adjudicated in state court waiver of right to respond filed
United States v. Gary

(20-444)

4th Cir. 5-Oct-20 Guilty plea under 922(g) without being informed that knowledge is an element of the offense

(Govt is petitioner)

response due 8-Dec-20
Porter v. United States

(20-522)

6th Cir. 16-Oct-20 Challenge to ACCA enhancement response due 19-Nov-20