SCOTUS Gun Watch – Week of 6/1/21
This past week brought two new Second Amendment cert petitions to the Supreme Court’s docket: Young v. Hawaii and Weber v. Ohio. We’ve discussed Young at length on this blog; it concerns the constitutionality of Hawaii’s open carry restrictions. In many ways, Young is the flipside of Corlett because the latter (especially as limited by the Court) concerns only concealed carry. I could imagine an opinion in Corlett that leaves open the main issues in Young. The other new cert petition—Weber—has also been covered on the blog. It concerns the constitutionality of state laws that bar possessing/carrying firearms while intoxicated. (In the last few weeks, as we’ve covered, the Wisconsin Supreme recently upheld a similar law as the at issue in Weber.)
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; opening br. due 2-July-2021 |
| Libertarian Party of Erie County v. Cuomo
(20-1151) |
2d Cir. | 9-Feb-21 | Challenge to New York’s pistol permit regime | fully briefed |
| 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 16-June-2021 (Court called for 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 | state waived right to respond |
| Young v. Hawaii
(20-1639) |
9th Cir. | 11-May-21 | Challenge to Hawaii’s restrictive open carry law | response due 24-June-2021 |
| Weber v. Ohio
(20-1640) |
Ohio Sup. Ct. | 21-May-21 | Challenge to Ohio law barring carrying/using firearms while intoxicated | response due 24-June-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 | Decided 17-May-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) |
Argued 20-Apr-2021 |
| 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 |