SCOTUS Gun Watch – Week of 11/23/20

  • Date:
  • November 23, 2020

On Friday, the Supreme Court granted cert in Caniglia. The question presented is disarmingly simple: “Whether the ‘community caretaking’ exception to the Fourth Amendment’s warrant requirement extends to the home.” But the facts on which the legal question is based are more complicated. And a handgun lies at the center of those facts. Indeed, in the First Circuit (where retired Justice Souter was sitting by designation), the petitioner raised a Second Amendment claim as well as a Fourth Amendment one, arguing that the gun seizure violated his right to keep and bear arms. Because the nature of the case revolves around firearms, we’ll be writing more about the case in the weeks ahead.

Other than Caniglia, no big news out of the Supreme Court yet on Second Amendment challenges. The most direct challenge currently teed up— the Torres case—is still a few weeks away from being discussed at conference.

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 Cert Granted
Hobbs v. United States


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


conf. rescheduled
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