SCOTUS Gun Watch – Week of 11/8/2021
Obviously the big news from last week was arguments in Bruen. I posted a round-up of the Center leadership’s media interviews leading up to and after the case here. And then I wrote an analysis piece for the Washington Post’s Monkey Cage on Friday that broke down some of the themes I saw in the argument. We will obviously be writing more about the case in the weeks to come, and especially how they influence the remaining Second Amendment cases that are pending before the Court.
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; arguments held Nov. 3 |
|
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 |
distributed at 27-Sep-2021 conference |
|
(20-1639) |
9th Cir. |
11-May-21 |
Challenge to Hawaii’s restrictive open carry law |
distributed at 27-Sep-2021 conference |
|
(21-159) |
10th Cir. |
2-Aug-2021 |
Challenge to agency deference re the bump stock ban |
reply due @ 3-Dec-2021 |
|
(21-175) |
N.J. Superior Ct. |
4-Aug-2021 |
Challenge to N.J. law permitting firearms seizure/prohibiting possession pursuant to DV restraining order |
response due 29-Nov-2021 (response requested by Court) |
|
(21-514) |
2d Cir. |
4-Oct-2021 |
Fourth Amendment and due process challenges to New York policies about the return of firearms after disqualification |
distributed for 12-Nov-2021 conference |
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
|
Cert Denied |
|
(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 |
|
(20-1298) |
6th Cir. |
16-Mar-21 |
Failure to give self-defense instruction |
Cert Denied |
|
(20-1419) |
N.J. Superior Ct. |
2-Apr-21 |
Challenge to New Jersey’s good cause public carry law |
Cert Denied |
|
Reyes-Torres, v. United States (20-7714) |
5th Cir. |
5- Apr-2021 |
Challenge to § 922(g)(5) (federal law barring undocumented immigrants from possessing firearms) |
Cert Denied |
|
(20-1640) |
Ohio Sup. Ct. |
21-May-21 |
Challenge to Ohio law barring carrying/using firearms while intoxicated |
Cert Denied |
|
(20-1706) |
Wisc. Sup. Ct. |
4-June-2021 |
Challenge to state law prohibiting firearm possession by non-violent felon |
Cert Denied |
|
(21-104) |
4th Cir. |
22-July-2021 |
As-applied challenge to § 922(g)(9) (conviction for misdemeanor domestic violence offense) |
Cert Denied |