Duke Center for Firearms Law
Duke Law logo

SCOTUS Gun Watch – Week of 11/16/20

By on November 16, 2020 Categories: ,

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

(19-1057)

9th Cir. 21-Feb-20 Warrantless search and seizure of firearms under Fourth Amendment 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
Caldara v. City of Boulder

(20-416)

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

(20-157)

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

(20-171)

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

(20-5579)

9th Cir. 27-Aug-20 As-applied challenge to 922(g)(1) reply due @ 20-Nov-20
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
E.H. v. Florida Dept. Ag. (Pro se)

(20-627)

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

(20-522)

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

(20-550)

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