SCOTUS Gun Watch – Week of 10/26/20
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 |