It has been fairly quiet on the Second Amendment and guns front at the Supreme Court. I don’t see any new cert petitions in the last few weeks, and the ones currently pending still have at least a few weeks until the Court considers them at conference. They are relatively stacked, though, so it’s possible we will get a lot of news at once later this spring on the Court’s interest in taking up these challenges.
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 17-Mar-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
8-Mar-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 |