SCOTUS Gun Watch – Week of 4/26/21
The H.U.G.E. news out today's order list is that the Court has agreed to hear Corlett - the New York public carry case. As I wrote in a Twitter thread, this one is very significant. We will be blogging about it more in the week ahead. (The Court also today denied cert in Mai, concerning the prohibition for those with prior involuntary mental health commitments.)
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 | Cert Denied |
| Holloway v. Barr
(20-782) |
3d Cir. | 3-Dec-20 | As-applied challenge to 922(g)(1) | Cert Denied |
| Mai v. United States
(20-819) |
9th Cir. | 9-Dec-20 | As-applied challenge to 922(g)(4) | Cert Denied |
| Folajtar v. Barr
(20-812) |
3d Cir. | 11-Dec-20 | As-applied challenge to 922(g)(1) | Cert Denied |
| 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 | Cert Granted |
| Flick v. Rosen
(20-902) |
11th Cir. | 29-Dec-20 | As-applied challenge to 922(g)(1) | Cert Denied |
| 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-May-2021 |
| Keahey v. Marquis
(20-1298) |
6th Cir. | 16-Mar-21 | Failure to give self-defense instruction | response due 11-June-2021 (Court called for response) |
| Russell v. New Jersey
(20-1419) |
N.J. Superior Ct. | 2-Apr-21 | Challenge to New Jersey’s good cause public carry law | response due 10-May-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 |