Duke Center for Firearms Law
Duke Law logo

SCOTUS Gun Watch – Week of 1/18/21

By on January 18, 2021 Categories: ,

None of the current gun cases pending before the Court are fully briefed, so it will be at least a few weeks before we get any confirmation about the Court’s willingness to take another Second Amendment challenge. But when that happens, the justices will have the chance to pick from either (1) one of a large variety of prohibited person cases, including the law barring firearm possession both for those with non-violent felony convictions and for those with past involuntary commitment to a mental health institution, or (2) a case challenging a discretionary public carry licensing scheme. On both these issues, the courts of appeals have extensively engaged with the issue and a majority have upheld the laws. But, on both issues, at least one court of appeals has gone the other way.

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-Feb-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