SCOTUS Gun Watch – Week of 8/9/21

  • Date:
  • August 09, 2021

Bruen is likely to have an argument date set soon, and some of the filings suggest the possibility of a late fall argument date. Before we hear the justices take on that case, however, we’ll get earlier insight into how they view the case: a host of cert petitions are being distributed for the Court’s Long Conference, scheduled to take place on September 27. The orders coming out of that conference on the following Monday might contain some hints about Bruen. For example, if the Court holds all the pending cases pending Bruen, that may suggest several of the justices are considering a ruling that would impact Second Amendment methodology and hence have an impact beyond the narrow range of cases directly implicated in a concealed carry restriction. On the other hand, if the Court is continuing to deny cert in other cases even before hearing Bruen, then that may signal the possibility of a narrower understanding of how the case is likely to come out. In the meantime, I’ve add two new cert petitions: one raising an as-applied challenge to § 922(g)(9), which bars firearm possession for those with certain misdemeanor domestic violence convictions, Harley v. Garland; the other challenging the bump stock ban (and, more broadly, the way courts sometimes defer to administrative agencies), Aposhian v. Garland.

Petitions Pending


Ct. Below

Pet. Filed

Implicated Law/Issue


New York State Rifle & Pistol Association v. Bruen


2d Cir.


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


6th Cir.


Failure to give self-defense instruction

distributed for 27-Sep-2021 conference

Russell v. New Jersey


N.J. Superior Ct.


Challenge to New Jersey’s good cause public carry law

distributed for 27-Sep-2021 conference

Association of New Jersey Rifle & Pistol Clubs v.



3d Cir.


Challenge to New Jersey ban on magazines holding 10 rounds or more

response due 11-Aug-2021 (Court called for response)

Young v. Hawaii


9th Cir.


Challenge to Hawaii’s restrictive open carry law

reply due @ 26-Aug-2021

Weber v. Ohio


Ohio Sup. Ct.


Challenge to Ohio law barring carrying/using firearms while intoxicated

reply due @ 20-Aug-2021

Roundtree v. Wisconsin


Wisc. Sup. Ct.


Challenge to state law prohibiting firearm possession by non-violent felon

response due 9-Aug-2021

Harley v. Garland


4th Cir.


As-applied challenge to § 922(g)(9) (conviction for misdemeanor domestic violence offense)

response due 24-Sep-2021

Aposhian v. Garland


10th Cir.


Challenge to agency deference re the bump stock ban

response due 3-Sep-2021


Petitions Disposed


Ct. Below

Pet. Filed

Implicated Law/Issue


Flick v. Rosen


11th Cir.


As-applied challenge to 922(g)(1)

Cert Denied

Fleury v. Massachusetts


App. Ct. Mass.


Challenge to Mass. firearm storage law

Cert Denied

Holloway v. Barr


3d Cir.


As-applied challenge to 922(g)(1)

Cert Denied

Mai v. United States


9th Cir.


As-applied challenge to 922(g)(4)

Cert Denied

Folajtar v. Barr


3d Cir.


As-applied challenge to 922(g)(1)

Cert Denied

Greer v. United States


11th Cir.


Scope of appellate review for Rehaif errors

Decided 14-June-2021

Caniglia v. Strom


1st Cir.


Fourth Amendment challenge to gun removal

Decided 17-May-2021

Hobbs v. United States


6th Cir.


Guilty plea under 922(g) without knowledge of disqualifying status


Likely being held pending Gary

United States v. Gary


4th Cir.


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.


Warrantless search and seizure of firearms under Fourth Amendment

Cert Denied

Johnson v. United States


4th. Cir.


Vagueness challenge to the Armed Career Criminal Act’s elements clause

Cert Denied

Zoie H. v Nebraska


Neb. Sup. Ct.



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.


Federal court abstention over Second Amendment claims being adjudicated in state court

Cert Denied

Torres v. United States


9th Cir.


As-applied challenge to 922(g)(1)

Cert Denied

E.H. v. Florida Dept. Ag. (Pro se)


Fla. Ct. App.


Challenge to firearm license denial based on prior mental health commitment

Cert Denied

Porter v. United States


6th Cir.


Challenge to ACCA enhancement

Cert Denied

McGinnis v. United States


5th Cir.


As-applied challenge to 922(g)(8)

Cert Denied

Yoo v. United States


5th Cir.


Challenge to conviction based on misstatements on Form 4473 (req’d for purchase at a gun dealer)

Cert Denied

Knowles v. Hart


11th Cir.


Fourth Amendment challenge to use of deadly force against person with holstered weapon

Cert Denied

Libertarian Party of Erie County v. Cuomo


2d Cir.


Challenge to New York’s pistol permit regime

Cert Denied