SCOTUS Update: Antonyuk v. Nigrelli
On January 11, the Supreme Court denied the emergency application filed in Antonyuk v. Nigrelli asking the Court to vacate the Second Circuit’s stay of District Judge Suddaby’s preliminary injunction decision striking down substantial portions of New York’s post-Bruen gun law (the application itself is summarized in more detail in our most recent SCOTUS Gun Watch post). The application was initially submitted to Justice Sotomayor, the Circuit Justice for the Second Circuit. Justice Sotomayor referred the application to the full Court, which denied the request to vacate the stay without a written decision.
However, Justice Alito authored a separate statement regarding the denial which was joined by Justice Thomas. While the two Justices agreed with the Court’s decision to deny the application out of “respect for the Second Circuit’s procedures in managing its own docket,” they wrote separately to emphasize two points. First, that the decision does not preclude future emergency “relief if the Second Circuit does not, within a reasonable time, provide an explanation for its stay order or expedite consideration of the appeal.” And, second, that the denial does not indicate “any view on the merits of the case” and that “[t]he New York law at issue . . . presents novel and serious questions under both the First and the Second Amendments.”
Another emergency application was filed in Gazzola v. Hochul, a challenge by New York federally-licensed firearms dealers to a long list of state gun regulations that govern areas such as how guns must be stored by licensees prior to sale, how licensees must document compliance with various legal requirements, and the background check process for both gun and ammunition sales. The plaintiffs in Gazzola bring claims under the Second and Fifth Amendments, and also allege that certain state regulations are preempted by federal law or are unconstitutionally vague. As to the Second Amendment claim specifically, the district court found that the laws did not regulate conduct protected by the Second Amendment when it denied the TRO and PI (“Plaintiffs fail to present any support for their contention that the individual right secured by the Second Amendment applies to corporations or any other business organizations.”). The Second Circuit denied the plaintiffs' motion for a stay pending appeal on December 21. The application asks the Court to reverse the district court decision denying plaintiffs' motion for a preliminary injunction and to enter an administrative stay in the case.
Petitions Pending
|
Case |
Ct. Below |
Pet. Filed |
Implicated Law/Issue |
Status |
|
(22A591 - emergency application) |
2d Cir. |
29-Dec-2022 |
Application to reverse district court order denying preliminary injunction and enter administrative stay (NY commercial gun regulations) |
Response filed 11-Jan-2023 |
|
(22A557 - emergency application) |
2d Cir. |
21-Dec-2022 |
Application to lift stay of district court preliminary injunction pending appeal (NY post-Bruen gun law) |
Denied 11-Jan-2023; Justice Alito issued a separate statement (joined by Justice Thomas) |
|
(22-586)
|
6th Cir. |
21-Dec-2022 |
Mootness of challenge to Michigan COVID-19 restrictions, including Second Amendment challenge to order closing gun stores |
Response due 26-Jan-2023 |
|
(22-478) |
3d Cir. |
13-May-2022 |
Challenge to NJ extreme-risk-protection law under Fourth Amendment / Younger abstention |
Distributed for conference 13-Jan-2023 |
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 |
|
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 |
Cert Denied |
|
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 |
Decided 23-June-2022 |
|
Association of New Jersey Rifle & Pistol Clubs v. Bruck (20-1507) |
3d Cir. |
26-Apr-21 |
Challenge to New Jersey ban on magazines holding 10 rounds or more |
Granted, vacated and remanded 30-June 2022 |
|
(20-1639) |
9th Cir. |
11-May-21 |
Challenge to Hawaii’s restrictive open carry law |
Granted, vacated and remanded 30-June 2022 |
|
(21-902) |
4th Cir. |
16-Dec-2021 |
Challenge to Maryland’s assault weapons ban and to the methodology used for 2A questions |
Granted, vacated and remanded 30-June 2022 |
|
(21-1194) |
9th Cir. |
28-Feb-2022 |
Challenge to California ban on magazines holding 10 rounds or more |
Granted, vacated and remanded 30-June 2022 |
|
(21-159) |
10th Cir. |
2-Aug-2021 |
Challenge to agency deference re the bump stock ban |
Cert Denied |
|
(21-1160) |
1st Cir. |
13-Dec-2022 |
Challenge to Massachusetts’ bar on handgun purchases for those with nonviolent misdemeanors |
Granted, vacated and remanded 03-Oct-2022 |
|
Gun Owners of America v. Garland (21-1215) |
6th Cir. |
3-Mar-2022 |
Challenge to the bump stock ban |
Cert Denied |
|
District of Columbia Concealed Pistol Licensing Review Board (21-1545) |
D.C. Ct. App. |
7-Jun-2022 |
Challenge to DC gun license revocation standard |
Cert Denied |
|
(21-1522) |
2d Cir. |
31-May-2022 |
Challenge to warrantless home entry to seize firearms |
Cert Denied |
|
McCutchen, et al.; The Modern Sportsman, et al. (22-25) |
Fed Cir. |
8-July-2022 |
Challenge to ATF bump stock ban under 5th Amendment takings clause |
Cert Denied |
|
(22-76) |
8th Cir. |
26-July-2022 |
As-applied challenge to 922(g)(3) and definition of "unlawful user of . . . any controlled substance" |
Cert Denied |
|
Md. Ct. App. |
13-Oct-2022 |
Challenge to Maryland jury instructions for possessing firearm after conviction for a crime of violence |
Cert Denied |
|
|
City of New York License Division of the NYPD (21-1495) |
NY App. Ct. |
10-May-2022 |
Challenge to NYC gun license denial |
Cert Denied |