SCOTUS Gun Watch – Week of 6/21/21

  • Date:
  • June 21, 2021

There are no new petitions from the past week, but the Supreme Court did act on one pending Second Amendment petition in its order list this morning. It denied cert in Libertarian Party of Erie County v. Cuomo which may offer some hints into how narrowly the Court is considering its Corlett grant to be. Consider that Libertarian Party challenges New York’s pistol permit law, relying on many of the same arguments that apply to Corlett’s challenge. The Libertarian Party cert petition includes arguments against the constitutionality of the same “proper cause” requirement challenged in Corlett, though it also includes a host of other features of the law the challengers find objectionable. The petition is also written in a much more incendiary style than Corlett. If the Court was intentionally signally something about how it reads the Corlett grant (possible, though hard to say), it may be that it is limiting itself to considering whether the denial of concealed carry permits to the challengers in Corlett violate their Second Amendment rights, without taking on the whole apparatus of public carry, let alone the requirement to obtain a permit to possess or carry a gun. It may also, though probably less likely, signal that the Court does not anticipate making wholesale changes to Second Amendment methodology that would call into question the 1,000 or so Second Amendment claims decided post-Heller. With oral argument in Corlett likely to happen this fall, we should know soon enough what the new Second Amendment will look like.

Petitions Pending

Case Ct. Below Pet. Filed Implicated Law/Issue Status
New York State Rifle & Pistol Association v. Corlett


2d Cir. 17-Dec-20 Challenge to New York’s good cause public carry regime Cert Granted; opening br. due 13-July-2021; arguments not yet scheduled
Libertarian Party of Erie County v. Cuomo


2d Cir. 9-Feb-21 Challenge to New York’s pistol permit regime Cert Denied
Keahey v. Marquis


6th Cir. 16-Mar-21 Failure to give self-defense instruction reply due @ 10-July-2021

(Court called for response)

Russell v. New Jersey


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.



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


9th Cir. 11-May-21 Challenge to Hawaii’s restrictive open carry law response due 26-July-2021
Weber v. Ohio


Ohio Sup. Ct. 21-May-21 Challenge to Ohio law barring carrying/using firearms while intoxicated response due 24-June-2021
Roundtree v. Wisconsin


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


11th Cir. 29-Dec-20 As-applied challenge to 922(g)(1) Cert Denied
Fleury v. Massachusetts


App. Ct. Mass. 2-Nov-20 Challenge to Mass. firearm storage law Cert Denied
Holloway v. Barr


3d Cir. 3-Dec-20 As-applied challenge to 922(g)(1) Cert Denied
Mai v. United States


9th Cir. 9-Dec-20 As-applied challenge to 922(g)(4) Cert Denied
Folajtar v. Barr


3d Cir. 11-Dec-20 As-applied challenge to 922(g)(1) Cert Denied
Greer v. United States


11th Cir. 8-Jun-2020 Scope of appellate review for Rehaif errors Decided 14-June-2021
Caniglia v. Strom


1st Cir. 10-Aug-20 Fourth Amendment challenge to gun removal Decided 17-May-2021
Hobbs v. United States


6th Cir. 13-Aug-20 Guilty plea under 922(g) without knowledge of disqualifying status


Cert Denied
United States v. Gary


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


9th Cir. 21-Feb-20 Warrantless search and seizure of firearms under Fourth Amendment Cert Denied
Johnson v. United States


4th. Cir. 12-Jun-20 Vagueness challenge to the Armed Career Criminal Act’s elements clause Cert Denied
Zoie H. v Nebraska


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


10th Cir. 24-Sep-20 Federal court abstention over Second Amendment claims being adjudicated in state court Cert Denied
Torres v. United States


9th Cir. 27-Aug-20 As-applied challenge to 922(g)(1) Cert Denied
E.H. v. Florida Dept. Ag. (Pro se)


Fla. Ct. App. 9-Oct-20 Challenge to firearm license denial based on prior mental health commitment Cert Denied
Porter v. United States


6th Cir. 16-Oct-20 Challenge to ACCA enhancement Cert Denied
McGinnis v. United States


5th Cir. 13-Oct-20 As-applied challenge to 922(g)(8) Cert Denied
Yoo v. United States


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


11th Cir. 17-Dec-20 Fourth Amendment challenge to use of deadly force against person with holstered weapon Cert Denied