Duke Center for Firearms Law
Duke Law logo

SCOTUS Gun Watch – Week of 4/5/21

By on April 5, 2021 Categories: ,

The justices considered the public carry case NYSRPA v. Corlett at their conference last week for the second time. But again today’s order list brought more silence. The case might be pushed to another conference, indicating the justices are still considering granting review, or a decision may have been made to deny review but one or more justices are writing a dissent to that decision. At its conference on April 16, the Court is scheduled to consider a handful of pending cert petitions, including a bunch of as-applied challenges to various federal firearm possession prohibitions, so perhaps the Court wants to consider Corlett together with all of these and decide the best vehicle for considering the next Second Amendment challenge. We’ll know soon enough.

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) distributed for 16-Apr-2021 conf.
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 1-Apr-2021 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