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SCOTUS Gun Watch – Week of 6/14/21

By on June 14, 2021 Categories: ,

Two weeks from this Friday, we’ll get the opening brief in Corlett. That brief will tell us a lot about how the petitioners are construing the Court’s limitation of the question presented and what arguments they believe are the strongest in their favor. Libertarian Party of Erie County, challenging New York’s pistol permit regime, also goes to conference this Thursday, so we may hear news on that one in next Monday’s order list (I suspect it’ll either be a denial or held pending Corlett). And we’re watching a few cases where the Court has called for responses from the government—something that indicates at least some interest in the cases.

There’s a new cert petition in Roundtree v. Wisconsin, which raises an as-applied challenge to a state felon firearm possession bar. The Court also decided Greer and Gary this morning about what a criminal defendant must show on appeal from a conviction that was deficient based on the Supreme Court’s recent ruling in Rehaif that a conviction for unlawfully possessing a firearm requires proof that the defendant knew his status (e.g., being a felon) that made his conduct unlawful.

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; arguments not yet scheduled
Libertarian Party of Erie County v. Cuomo

(20-1151)

2d Cir. 9-Feb-21 Challenge to New York’s pistol permit regime distributed for 17-June-2021 conf.
Keahey v. Marquis

(20-1298)

6th Cir. 16-Mar-21 Failure to give self-defense instruction reply due @ 10-July-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-July-2021 (Court called for response)
Association of New Jersey Rifle & Pistol Clubs v.

Grewal

(20-1507)

3d Cir. 26-Apr-21 Challenge to New Jersey ban on magazines holding 10 rounds or more response due 12-July-2021 (Court called for response)
Young v. Hawaii

(20-1639)

9th Cir. 11-May-21 Challenge to Hawaii’s restrictive open carry law response due 26-July-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
Roundtree v. Wisconsin

(20-1706)

Wisc. Sup. Ct. 4-June-2021 Challenge to state law prohibiting firearm possession by non-violent felon response due 9-July-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 Decided 14-June-2021
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)

Decided 14-June-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