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SCOTUS Gun Watch – Week of 6/21/21

By on June 21, 2021 Categories: ,

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

(20-843)

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

(20-1151)

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

 

Cert Denied
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