SCOTUS Gun Watch – Week of 12/7/20
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
(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 | Gov’t waived right to respond |
| 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) | Cert denied |
| Holloway v. Barr
(20-XX) |
3d Cir. | pending | As-applied challenge to 922(g)(1) | pending |