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SCOTUS Gun Watch – Week of 12/28/20

By on December 28, 2020 Categories: ,

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