SCOTUS Gun Watch – Week of 11/16/20

  • Date:
  • November 16th, 2020

By: Jacob Charles

This week’s order list contains a denial of cert in Caldara, but no action on Caniglia, which likely means the Court is going to relist the latter for another conference soon. (Relisted cases generally have a higher chance of receiving Supreme Court review.) Although it’s a Fourth Amendment case, guns are the object at issue, and the case may test whether and how guns influence the doctrinal calculus in other areas of law (see, e.g., New York v. Quarles in the Fifth Amendment context). Assuming Caniglia returns for this Friday’s conference, it will see another gun case there: Hobbs.

I also added a new case that was just recently docketed—E.H. v. Florida Dept. of Ag. & Consumer Servs. The petition is pro se and raises a Full Faith & Credit challenge to Florida’s purported refusal to recognize a New Jersey order expunging the petitioner’s mental health commitment that would otherwise bar him from firearm possession.

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


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


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


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
Caldara v. City of Boulder


10th Cir. 24-Sep-20 Federal court abstention over Second Amendment claims being adjudicated in state court Cert Denied
Caniglia v. Strom


1st Cir. 10-Aug-20 Fourth Amendment challenge to gun removal distributed for 13-Nov-20 conference
Hobbs v. United States


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


distributed for 20-Nov-20 conference
Torres v. United States


9th Cir. 27-Aug-20 As-applied challenge to 922(g)(1) reply due @ 20-Nov-20
United States v. Gary


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
E.H. v. Florida Dept. Ag. (Pro se)


Fla. Ct. App. 9-Oct-20 Challenge to firearm license denial based on prior mental health commitment response due 10-Dec-20
Porter v. United States


6th Cir. 16-Oct-20 Challenge to ACCA enhancement Gov’t waived right to respond
Yoo v. United States


5th Cir. 21-Oct-20 Challenge to conviction based on misstatements on Form 4473 (req’d for purchase at a gun dealer) distributed for 4-Dec-20 conference