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SCOTUS Gun Watch – Week of 7/18/22

By on July 18, 2022 Categories: , ,

After the frenzied activity of the past few weeks, the Supreme Court in now in summer recess.  We’ll be doing these posts every other week, instead of every week, through the summer.

We’re keeping an eye out for any major developments in the four cases that the Court GVR’ed following BruenAssociation of New Jersey Rifle & Pistol Clubs v. BruckYoung v. HawaiiBianchi v. Frosh; and Duncan v. Bonta  There’s been supplementary briefing on remand in Young, but no ruling so far from the Ninth Circuit.  These cases are now moved to the “petitions disposed” list. 

And, of course, we’ll continue to track any new firearms-related cert petitions that will be considered at the Court’s Long Conference in September.  One such case – McCutchen, a takings-clause challenge to a 2018 ATF rule banning “bump stock” devices – is now added to the tracker below.  Jake previously covered the district court decision in Modern Sportsman v. United States, a related case decided by the Federal Circuit concurrently with McCutchen.  The cert petition was filed as to both cases. 

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

Decided 23-June-2022

Aposhian v. Garland


10th Cir.


Challenge to agency deference re the bump stock ban

Conference rescheduled (for the 18th? time)

Morin v. Lyver


1st Cir.


Challenge to Massachusetts’ bar on handgun purchases for those with nonviolent misdemeanors

Response due 21-July-2022 (response requested)

Gun Owners of America v. Garland


6th Cir.


Challenge to the bump stock ban

Conference rescheduled

Baldea v. City of New York License Division of the NYPD


NY App. Ct.


Challenge to NYC gun license denial

Response due 30-June-2022; No response filed



Suffolk County


2d Cir.


Challenge to warrantless home entry to seize firearms

Response due 4-Aug-2022



District of Columbia Concealed Pistol Licensing Review Board


D.C. Ct. App.


Challenge to DC gun license revocation standard

Distributed for conference 28-Sept-2022

McCutchen, et al.; The Modern Sportsman, et al.


United States


Fed Cir.


Challenge to ATF bump stock ban under 5th Amendment takings clause

Filed 5-July-2022; Response due 8-Aug-2022


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


Cert Denied

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

Keahey v. Marquis


6th Cir.


Failure to give self-defense instruction

Cert Denied

Russell v. New Jersey


N.J. Superior Ct.


Challenge to New Jersey’s good cause public carry law

Cert Denied

Reyes-Torres, v. United States


5th Cir.

5- Apr-2021

Challenge to § 922(g)(5) (federal law barring undocumented immigrants from possessing firearms)

Cert Denied

Weber v. Ohio


Ohio Sup. Ct.


Challenge to Ohio law barring carrying/using firearms while intoxicated

Cert Denied

Roundtree v. Wisconsin


Wisc. Sup. Ct.


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

Cert Denied

Harley v. Garland


4th Cir.


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

Cert Denied

Bello v. Rockland County


2d Cir.


Fourth Amendment and due process challenges to New York policies about the return of firearms after disqualification

Cert Denied

P.Z. v. New Jersey


N.J. Superior Ct.


Challenge to N.J. law permitting firearms seizure/prohibiting possession pursuant to DV restraining order

Cert Denied

Hatch v. Minnesota


Minn. Sup. Ct.


Challenge to Minnesota’s requirement that a person get a permit to carry in public

Cert Denied

Zaitzeff v. Seattle


Wash. Ct. App.


Challenge to Seattle ordinance barring the public carry of certain knives

Cert Denied

Marshall v. BATFE


4th Cir.


Challenge to 4th Circuit decision vacating opinion striking down under-21 handgun purchase ban

Cert Denied

Rodrigues v. County of Hawaii


9th Cir.


Challenge to arrest on weapons’ charges given the Law Enforcement Officers Safety Act (LEOSA)

Cert Denied

Cassidy v. Massachusetts


Mass. App. Ct.


Challenge to permit requirement for home firearm possession

Cert Denied

Turner v. Brannon-Dortch


7th Cir.


Challenge to trial questioning about “illegal” gun that was lawfully licensed

Cert Denied

McCloskey, Petitioner


Missouri Office of Chief Disciplinary Counsel


Mo. Sup. Ct.


Challenge to attorney discipline for firearms-related conduct on Second Amendment and due process grounds

Cert Denied

Association of New Jersey Rifle & Pistol Clubs v. Bruck


3d Cir.


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

Granted, vacated and remanded 30-June 2022

Young v. Hawaii


9th Cir.


Challenge to Hawaii’s restrictive open carry law

Granted, vacated and remanded 30-June 2022

Bianchi v. Frosh


4th Cir.


Challenge to Maryland’s assault weapons ban and to the methodology used for 2A questions

Granted, vacated and remanded 30-June 2022

Duncan v. Bonta


9th Cir.


Challenge to California ban on magazines holding 10 rounds or more

Granted, vacated and remanded 30-June 2022

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