SCOTUS Gun Watch – Week of 5/23/22
At conference last week, the Court considered the cert petition in Bianchi, challenging Maryland’s assault weapons ban. Today’s order list has no mention of the case, which signals the Court is likely holding the case pending the outcome in Bruen. This marks the second case in the category of "what arms are protected" (along with ANJRP) that the Court is holding for Bruen. And this Thursday the Court will consider at conference Duncan, which I expect the Court to also hold with ANJRPC since those two cases address the same issue.
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; argued on 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 |
likely being held pending Bruen |
|
(20-1639) |
9th Cir. |
11-May-21 |
Challenge to Hawaii’s restrictive open carry law |
likely being held pending Bruen |
|
(21-159) |
10th Cir. |
2-Aug-2021 |
Challenge to agency deference re the bump stock ban |
conference rescheduled (for the 14th? time) |
|
(21-902) |
4th Cir. |
16-Dec-2021 |
Challenge to Maryland’s assault weapons ban and to the methodology used for 2A questions |
distributed at 19-May-2022 conference |
|
(21-1160) |
1st Cir. |
13-Dec-2022 |
Challenge to Massachusetts’ bar on handgun purchases for those with nonviolent misdemeanors |
response due 11-July-2022 (response requested) |
|
(21-1194) |
9th Cir. |
28-Feb-2022 |
Challenge to California ban on magazines holding 10 rounds or more |
distributed for 26-May-2022 conference |
|
Gun Owners of America v. Garland (21-1215) |
6th Cir. |
3-Mar-2022 |
Challenge to the bump stock ban |
response due 24-May-2022 |
|
Missouri Office of Chief Disciplinary Counsel (21-1440) |
Mo. Sup. Ct. |
9-May-2022 |
Challenge to attorney discipline for firearms-related conduct on Second Amendment and due process grounds |
distributed for 6-June-2022 conference (state waived response) |
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 |
|
(21-514) |
2d Cir. |
4-Oct-2021 |
Fourth Amendment and due process challenges to New York policies about the return of firearms after disqualification |
Cert Denied |
|
(21-175) |
N.J. Superior Ct. |
4-Aug-2021 |
Challenge to N.J. law permitting firearms seizure/prohibiting possession pursuant to DV restraining order |
Cert Denied |
|
(21-667) |
Minn. Sup. Ct. |
1-Nov-2021 |
Challenge to Minnesota’s requirement that a person get a permit to carry in public |
Cert Denied |
|
(21-910) |
Wash. Ct. App. |
16-Dec-2021 |
Challenge to Seattle ordinance barring the public carry of certain knives |
Cert Denied |
|
(21-1155) |
4th Cir. |
17-Feb-2022 |
Challenge to 4th Circuit decision vacating opinion striking down under-21 handgun purchase ban |
Cert Denied |
|
(21-895) |
9th Cir. |
13-Dec-2021 |
Challenge to arrest on weapons’ charges given the Law Enforcement Officers Safety Act (LEOSA) |
Cert Denied |
|
(21-1249) |
Mass. App. Ct. |
1-Mar-2022 |
Challenge to permit requirement for home firearm possession |
Cert Denied |
|
(21-1341) |
7th Cir. |
4-Apr-2022 |
Challenge to trial questioning about “illegal” gun that was lawfully licensed |
Cert Denied |