After all the expected changes with Justice Amy Coney Barrett’s confirmation, the current Term has turned out to be quite slow so far for Second Amendment cases. Of course, a major reason for that speed is that the Court had just rejected all the pending Second Amendment cases it was holding just before Justice Barrett took the bench. The next round of cases is making its way to the Court, but those take time to complete briefing and go through conference. I still would not be surprised to see a Second Amendment grant in the next few months, but given the past decade, I also wouldn’t be surprised to see a continued waiting game.
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 at
8-Jan-2021 conf. |
| Holloway v. Barr
(20-782) |
3d Cir. | 3-Dec-20 | As-applied challenge to 922(g)(1) | response due 1-Mar-2021 |
| Mai v. United States
(20-819) |
9th Cir. | 9-Dec-20 | As-applied challenge to 922(g)(4) | response due 19-Mar-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
4-Feb-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 |
