SCOTUS Gun Watch – Week of 5/10/21
Other than the new ANJRP petition challenging New Jersey’s prohibition of high-capacity magazines, it has been fairly quiet since the Court granted Corlett. The parties recently requested an extension of time for the briefing in Corlett, with the opening brief due on July 2 and the response brief due August 23. It will certainly be an interesting summer as we track these developments.
Petitions Pending
| Case | Ct. Below | Pet. Filed | Implicated Law/Issue | Status |
| 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 |
| 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 | NJ waived response |
| Association of New Jersey Rifle & Pistol Clubs v.
(20-1507) |
3d Cir. | 26-Apr-21 | Challenge to New Jersey ban on magazines holding 10 rounds or more | response due 28-May-2021 |
Petitions Disposed
| Case | Ct. Below | Pet. Filed | Implicated Law/Issue | Status |
| Flick v. Rosen
(20-902) |
11th Cir. | 29-Dec-20 | As-applied challenge to 922(g)(1) | Cert Denied |
| 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 |
| 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 |