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SCOTUS Gun Watch – Week of 3/29/21

By on March 29, 2021 Categories: , ,

Last Wednesday, the Ninth Circuit issued its ruling in Young v. Hawaii, which upheld Hawaii’s permitting scheme requiring a person to prove a heightened need for self-defense in public to secure a permit to openly carry a handgun. At its conference last Friday, the Supreme Court considered the cert petition in New York State Rifle & Pistol Association v. Corlett, which concerns the very similar requirement in New York law’s for one to secure a permit to carry a handgun concealed. The case is not on this morning’s order list, so the Court neither granted nor denied review. This afternoon, the Court relisted the case for another conference on April 1 and thus will consider it again. Although no sure sign of success, a case that gets relisted has a higher chance of eventual review. As veteran Court watchers say, “[i]n recent years, one of the more reliable signals that the justices are interested in hearing a case is when they take up a petition at conference and then hold it over for further consideration.” As the public carry issue continues to generate heated disagreement in the courts of appeals, it cannot be too long until the Supreme Court takes a case to resolve the issue.

The Court will also consider several as-applied challengers to federal possessory prohibitions at its April 16th conference, so we could be in for some big Second Amendment news multiple times over the next few weeks.

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 distributed for 16-Apr-2021 conf.
Holloway v. Barr

(20-782)

3d Cir. 3-Dec-20 As-applied challenge to 922(g)(1) distributed for 16-Apr-2021 conf.
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 relisted for 1-Apr-21 conf.
Flick v. Rosen

(20-902)

11th Cir. 29-Dec-20 As-applied challenge to 922(g)(1) distributed for 16-Apr-2021 conf.
Libertarian Party of Erie County v. Cuomo

(20-1151)

2d Cir. 9-Feb-21 Challenge to New York’s pistol permit regime response due

26-Apr-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 held on 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