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SCOTUS Gun Watch – Week of 1/4/21

By on January 4, 2021 Categories: ,

As the new year begins, court-watchers will be following the Supreme Court closely as it fills out the rest of its docket for this term. Of the many cases on tap, there are a handful of Second Amendment challenges that will give us a chance to see how Justice Barrett’s presence on the Court has shifted matters. Several gun cases will be discussed at the Court’s conference this Friday, but none of those are directly about the Second Amendment (I would not be surprised if we get a grant in one of these to help lower courts figure out what to do with Rehaif errors). For Second Amendment challenges, we will have to wait a few more months, but the number of such petitions does seem to be increasing, with 5 filed in December alone.

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
Torres v. United States

(20-5579)

9th Cir. 27-Aug-20 As-applied challenge to 922(g)(1) 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
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.
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)

distributed for 8-Jan-2021 conf.
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 distributed for 8-Jan-2021 conf.
Porter v. United States

(20-522)

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