Given our recent guest post series on Corpus Linguistics and the Second Amendment, we haven’t done a SCOTUS Gun Watch for a few weeks. And, since the Court is now on its summer recess, we’ll be doing these every other week instead of every week. In the past few weeks, we’ve seen a lot of the opening briefing come in for Bruen (formerly, Corlett), including both the merits brief from petitioners and many amicus briefs. Other than that, there hasn’t been much action in terms of new petitions, but when it comes back from the summer for its Long Conference at the end of September, the Court will have several Second Amendment petitions waiting for it.
Petitions Pending
| Case | Ct. Below | Pet. Filed | Implicated Law/Issue | Status |
| New York State Rifle & Pistol Association v. Bruen
(20-843) |
2d Cir. | 17-Dec-20 | Challenge to New York’s good cause public carry regime | Cert Granted; response br. due 14-Sep-2021; arguments not yet scheduled |
| Keahey v. Marquis
(20-1298) |
6th Cir. | 16-Mar-21 | Failure to give self-defense instruction | distributed for 27-Sep-2021 conference |
| Russell v. New Jersey
(20-1419) |
N.J. Superior Ct. | 2-Apr-21 | Challenge to New Jersey’s good cause public carry law | reply due @ 15-Aug-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 | response due 11-Aug-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 (still no response yet docketed) |
| 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-Aug-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 |
| Libertarian Party of Erie County v. Cuomo
(20-1151) |
2d Cir. | 9-Feb-21 | Challenge to New York’s pistol permit regime | Cert Denied |
