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SCOTUS Gun Watch – Week of 1/11/21

By on January 11, 2021 Categories: ,

The Court granted cert in two gun cases after its conference last Friday: United States v. Gary, in which the government is the petitioner, and Greer v. United States. Both concern the legal consequences from the Supreme Court’s 2019 decision in Rehaif clarifying that the government must prove a person knew about the status that made them ineligible to possess firearms under 18 U.S.C. § 922(g). Gary does not surprise me, as I suggested last week. Greer is one that had not been on my radar, but asks what an appellate court may review when considering the effect of a Rehaif error in the trial court. It’s now added to the chart. I suspect that Hobbes, which the Court considered at conference last Friday but did not act on in its order list, will be held pending the decision in one or both of those cases.

There is also one new as-applied Second Amendment challenge that I wrote about last week.

(On a formatting note, I’m moving all petitions that have been acted on down to a new chart below the pending table.)

Petitions Pending

Case Ct. Below Pet. Filed Implicated Law/Issue Status
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.
Holloway v. Barr

(20-782)

3d Cir. 3-Dec-20 As-applied challenge to 922(g)(1) response due 8-Feb-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 16-Feb-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
Flick v. Rosen 11th Cir. 29-Dec-20 As-applied challenge to 922(g)(1) response due

4-February-2021

Petitions Disposed

Case Ct. Below Pet. Filed Implicated Law/Issue Status
Greer v. United States

(19-8709)

11th Cir. 8-Jun-2020 Scope of appellate review for Rehaif errors Cert Granted
Caniglia v. Strom

(20-157)

1st Cir. 10-Aug-20 Fourth Amendment challenge to gun removal Cert Granted
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)

Cert Granted
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
Torres v. United States

(20-5579)

9th Cir. 27-Aug-20 As-applied challenge to 922(g)(1) Cert Denied
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 Cert Denied
Porter v. United States

(20-522)

6th Cir. 16-Oct-20 Challenge to ACCA enhancement 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