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This week brings the docketing of another Second Amendment challenge, New York State Rifle & Pistol Association v. Corlett. In this next NYSRPA case, Paul Clement again represents the challengers. But this time, instead of a narrow challenge to an outlier city rule, it’s a much broader challenge to the state’s requirement that those seeking a permit to carry a handgun in public show “proper cause”–a law first put in place about 110 years ago. There’s been a good deal of recent scholarship about gun rights and regulation outside the home—a theme of our 2019 Symposium—and this case has the potential to more significantly change Second Amendment doctrine than the prior NYSRPA case.
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 |
Torres v. United States
(20-5579) |
9th Cir. | 27-Aug-20 | As-applied challenge to 922(g)(1) | Cert Denied |
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) | Cert Denied |
Hobbs v. United States
(20-171) |
6th Cir. | 13-Aug-20 | Guilty plea under 922(g) without knowledge of disqualifying status
|
distributed for 8-Jan-2021 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) |
distributed for 8-Jan-2021 conf. |
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 | distributed for 8-Jan-2021 conf. |
Porter v. United States
(20-522) |
6th Cir. | 16-Oct-20 | Challenge to ACCA enhancement | distributed for 8-Jan-2021 conf. |
Holloway v. Barr
(20-782) |
3d Cir. | 3-Dec-20 | As-applied challenge to 922(g)(1) | response due 7-Jan-2021 |
Mai v. United States
(20-819) |
9th Cir. | 9-Dec-20 | As-applied challenge to 922(g)(4) | response due 18-Feb-2021 |
Folajtar v. Barr
(20-812) |
3d Cir. | 11-Dec-20 | As-applied challenge to 922(g)(1) | response due 14-Jan-2021 |
Knowles v. Hart
(20-840) |
11th Cir. | 17-Dec-20 | Fourth Amendment challenge to use of deadly force against person with holstered weapon | response due 21-Jan-2021 |
New York State Rifle & Pistol Association v. Corlett
(20-843) |
2d Cir. | 17-Dec-20 | Challenge to New York’s good cause public carry regime | response due 22-Jan-2021 |