SCOTUS Gun Watch – Week of 2/8/21

  • Date:
  • February 08, 2021

Another week that I count with no new Second Amendment or firearms law centric cert petitions. One more complicating factor that has likely drawn the pending petitions out longer is that the administration changed over on January 20th, and now a Biden Department of Justice is opposing these challenges. That may not change the substantive response all that dramatically—the Justice Department has uniformly defended the constitutionality of federal gun laws, even when it has taken positions friendlier to gun rights—but now it’s fair to assume that even if the Court grants one of these petitions, it wouldn’t hear the case until next Term, beginning in October 2021. (Two years ago, the Court granted the cert petition in NYSRPA in January 2019 and still did not schedule oral arguments until December 2019, and by then quite a bit had changed.) In all likelihood, that means we would not get a decision in one of these Second Amendment cases until June 2022, since the Court typically releases opinions from its most contested cases at the end of the Term. Of course, the Court is especially unpredictable in this area of law and it could act more quickly, either after full briefing or by deciding a case without oral argument, like it did with Caetano in 2016.


Petitions Pending

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


6th Cir. 13-Aug-20 Guilty plea under 922(g) without knowledge of disqualifying status


distributed at

8-Jan-2021 conf.

Holloway v. Barr


3d Cir. 3-Dec-20 As-applied challenge to 922(g)(1) response due 1-Mar-2021
Mai v. United States


9th Cir. 9-Dec-20 As-applied challenge to 922(g)(4) response due 19-Mar-2021
Folajtar v. Barr


3d Cir. 11-Dec-20 As-applied challenge to 922(g)(1) response due 17-Mar-2021
Knowles v. Hart


11th Cir. 17-Dec-20 Fourth Amendment challenge to use of deadly force against person with holstered weapon reply due @


New York State Rifle & Pistol Association v. Corlett


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


Petitions Disposed

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


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


1st Cir. 10-Aug-20 Fourth Amendment challenge to gun removal Cert Granted
United States v. Gary


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


9th Cir. 21-Feb-20 Warrantless search and seizure of firearms under Fourth Amendment Cert Denied
Johnson v. United States


4th. Cir. 12-Jun-20 Vagueness challenge to the Armed Career Criminal Act’s elements clause Cert Denied
Zoie H. v Nebraska


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


10th Cir. 24-Sep-20 Federal court abstention over Second Amendment claims being adjudicated in state court Cert Denied
Torres v. United States


9th Cir. 27-Aug-20 As-applied challenge to 922(g)(1) Cert Denied
E.H. v. Florida Dept. Ag. (Pro se)


Fla. Ct. App. 9-Oct-20 Challenge to firearm license denial based on prior mental health commitment Cert Denied
Porter v. United States


6th Cir. 16-Oct-20 Challenge to ACCA enhancement Cert Denied
Yoo v. United States


5th Cir. 21-Oct-20 Challenge to conviction based on misstatements on Form 4473 (req’d for purchase at a gun dealer) Cert Denied