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SCOTUS Gun Watch – Week of 10/26/20

By on October 26, 2020 Categories: ,

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