SCOTUS Gun Watch – Week of 11/30/20
It has been a relatively quiet week for gun cases at the Supreme Court. I count no new cert petitions raising gun issues. The Court did schedule Torres—the first square Second Amendment challenge of the Barrett-era—for discussion at its December 11 conference, so we may have news on that front as early as Dec. 14th. That case concerns the constitutionality of the federal felon prohibitor, an area of law we noted has garnered some sustained disagreement among lower court judges (but not widespread circuit splits).
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 | Cert Granted |
Hobbs v. United States
(20-171) |
6th Cir. | 13-Aug-20 | Guilty plea under 922(g) without knowledge of disqualifying status
|
conf. to be rescheduled |
Torres v. United States
(20-5579) |
9th Cir. | 27-Aug-20 | As-applied challenge to 922(g)(1) | distributed for 11-Dec-20 conf. |
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 |