SCOTUS Gun Watch – Week of 12/7/20

  • Date:
  • December 07, 2020

With its order list today, the Supreme Court denied cert in the only gun case it discussed at Friday’s conference—the Yoo case. This coming Friday at conference, the Court will consider the Torres case concerning an as-applied challenge to the federal felon prohibitor. I’ve also added a new cert petition. The Firearms Policy Coalition announced that it filed cert in Holloway v. Barr, which we covered on the blog last week. I don’t yet see it docketed at the Supreme Court, but it’s a case to watch that raises similar issues as the Torres case.

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. to be rescheduled
Torres v. United States


9th Cir. 27-Aug-20 As-applied challenge to 922(g)(1) distributed for 11-Dec-20 conf.
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 Gov’t waived right to respond
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) Cert denied
Holloway v. Barr


3d Cir. pending As-applied challenge to 922(g)(1) pending