SCOTUS Gun Watch – Week of 3/22/21
This morning, the Court denied cert in Knowles v. Hart, a Fourth Amendment challenge that questioned whether the presence of a weapon (which the challengers claimed was holstered) could justify deadly force. Although Knowles was not a Second Amendment case, we are always aiming to watch major gun cases, including ones that raise Fourth Amendment questions. This week, in fact, the Court is hearing oral argument in Caniglia v. Strom that concerns the community-caretaker exception to the Fourth Amendment’s warrant requirement and centers a dispute about gun seizures.
Petitions Pending
| Case | Ct. Below | Pet. Filed | Implicated Law/Issue | Status |
| Fleury v. Massachusetts
(20-1122) |
App. Ct. Mass. | 2-Nov-20 | Challenge to Mass. firearm storage law | state waived right to resp. |
| Holloway v. Barr
(20-782) |
3d Cir. | 3-Dec-20 | As-applied challenge to 922(g)(1) | reply due @ 9-Apr-2021 |
| Mai v. United States
(20-819) |
9th Cir. | 9-Dec-20 | As-applied challenge to 922(g)(4) | reply due @ 19-Apr-2021 |
| Folajtar v. Barr
(20-812) |
3d Cir. | 11-Dec-20 | As-applied challenge to 922(g)(1) | reply due @ 19-Apr-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 | distributed for 26-Mar-21 conf. |
| Flick v. Rosen
(20-902) |
11th Cir. | 29-Dec-20 | As-applied challenge to 922(g)(1) | reply due @
7-Apr-2021 |
| Libertarian Party of Erie County v. Cuomo
(20-1151) |
2d Cir. | 9-Feb-21 | Challenge to New York’s pistol permit regime | response due
25-Mar-2021 |
| Keahey v. Marquis
(20-1298) |
6th Cir. | 16-Mar-21 | Failure to give self-defense instruction | response due 19-Apr-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 | Argument set for 24-Mar-2021 |
| Hobbs v. United States
(20-171) |
6th Cir. | 13-Aug-20 | Guilty plea under 922(g) without knowledge of disqualifying status
|
Likely being held pending Gary |
| 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 |
| McGinnis v. United States
(20-6046) |
5th Cir. | 13-Oct-20 | As-applied challenge to 922(g)(8) | 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 |
| Knowles v. Hart
(20-840) |
11th Cir. | 17-Dec-20 | Fourth Amendment challenge to use of deadly force against person with holstered weapon | Cert Denied |