SCOTUS Gun Watch – Week of 8/9/21
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
|
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 |
|
(20-1298) |
6th Cir. |
16-Mar-21 |
Failure to give self-defense instruction |
distributed for 27-Sep-2021 conference |
|
(20-1419) |
N.J. Superior Ct. |
2-Apr-21 |
Challenge to New Jersey’s good cause public carry law |
distributed for 27-Sep-2021 conference |
|
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) |
|
(20-1639) |
9th Cir. |
11-May-21 |
Challenge to Hawaii’s restrictive open carry law |
reply due @ 26-Aug-2021 |
|
(20-1640) |
Ohio Sup. Ct. |
21-May-21 |
Challenge to Ohio law barring carrying/using firearms while intoxicated |
reply due @ 20-Aug-2021 |
|
(20-1706) |
Wisc. Sup. Ct. |
4-June-2021 |
Challenge to state law prohibiting firearm possession by non-violent felon |
response due 9-Aug-2021 |
|
(21-104 |
4th Cir. |
22-July-2021 |
As-applied challenge to § 922(g)(9) (conviction for misdemeanor domestic violence offense) |
response due 24-Sep-2021 |
|
(21-159) |
10th Cir. |
2-Aug-2021 |
Challenge to agency deference re the bump stock ban |
response due 3-Sep-2021 |
Petitions Disposed
|
Case |
Ct. Below |
Pet. Filed |
Implicated Law/Issue |
Status |
|
(20-902) |
11th Cir. |
29-Dec-20 |
As-applied challenge to 922(g)(1) |
Cert Denied |
|
(20-1122) |
App. Ct. Mass. |
2-Nov-20 |
Challenge to Mass. firearm storage law |
Cert Denied |
|
(20-782) |
3d Cir. |
3-Dec-20 |
As-applied challenge to 922(g)(1) |
Cert Denied |
|
(20-819) |
9th Cir. |
9-Dec-20 |
As-applied challenge to 922(g)(4) |
Cert Denied |
|
(20-812) |
3d Cir. |
11-Dec-20 |
As-applied challenge to 922(g)(1) |
Cert Denied |
|
(19-8709) |
11th Cir. |
8-Jun-2020 |
Scope of appellate review for Rehaif errors |
Decided 14-June-2021 |
|
(20-157) |
1st Cir. |
10-Aug-20 |
Fourth Amendment challenge to gun removal |
Decided 17-May-2021 |
|
(20-171) |
6th Cir. |
13-Aug-20 |
Guilty plea under 922(g) without knowledge of disqualifying status
|
Likely being held pending 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 |
|
(19-1057) |
9th Cir. |
21-Feb-20 |
Warrantless search and seizure of firearms under Fourth Amendment |
Cert Denied |
|
(19-1390) |
4th. Cir. |
12-Jun-20 |
Vagueness challenge to the Armed Career Criminal Act’s elements clause |
Cert Denied |
|
(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 |
|
(20-416) |
10th Cir. |
24-Sep-20 |
Federal court abstention over Second Amendment claims being adjudicated in state court |
Cert Denied |
|
(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 |
|
(20-522) |
6th Cir. |
16-Oct-20 |
Challenge to ACCA enhancement |
Cert Denied |
|
(20-6046) |
5th Cir. |
13-Oct-20 |
As-applied challenge to 922(g)(8) |
Cert Denied |
|
(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 |
|
(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 |