SCOTUS Gun Watch - Week of 1/22/24
Petitioner-side amicus briefs in Vullo were filed on January 16. A number of major gun-rights advocacy groups appear in the amicus lineup as expected, but the amicus brief filed by the United States in support of neither party is somewhat surprising. While the brief isn't officially in support of the NRA's claims, the government argues that the NRA has "plausibly alleged that respondent did not make [] threats [to a leading insurance company regarding potential business between that company and the NRA] in a neutral effort to enforce the law that only incidentally burdened petitioner’s speech, but instead sought to suppress petitioner’s speech 'based on its communicative content.'” The brief also states that "government officials have wide latitude to express their own views, but they violate the First Amendment if they coerce private parties to suppress protected speech."
The court also issued an orders list this morning, as scheduled, but there were no updates on the pending 922(g) cases. In Cargill, the respondent Michael Cargill – who prevailed in his administrative-law challenge to ATF's bump stock restrictions in the Fifth Circuit – will file his brief today after receiving a short extension.
Petitions Granted and Argued or Pending Argument
|
Case |
Ct. Below |
Pet. Filed |
Implicated Law/Issue |
Status |
|
(22-915) |
5th Cir. |
17-Mar-2023 |
Facial challenge to § 18 U.S.C. 922(g)(8) – which prohibits those subject to certain domestic-violence restraining orders from possessing firearms during the duration of the order – under the Second Amendment. |
Argued |
|
The National Rifle Association of America (22-842) |
2d Cir. |
7-Feb-2023 |
First Amendment challenge by the NRA to state government guidance and press urging banks and insurance companies to consider the reputational risks of doing business with gun-rights organizations. |
Petitioner's brief filed 9-Jan-24; Respondent's brief due 20-Feb-24 |
|
(22-976) |
5th Cir. |
6-Apr-2023 |
Whether a bump stock device constitutes a "machinegun" as defined by federal legislation, and whether ATF acted outside of its statutory authorization in subjecting bump stocks to heightened regulation under the NFA. |
Petitioner's brief filed 18-Dec-23; Respondent's brief due 22-Jan-24; Oral argument set for 28-Feb-24 |
Petitions Pending
|
Case |
Ct. Below |
Pet. Filed |
Implicated Law/Issue |
Status |
|
(23-683) |
10th Cir. |
21-Dec-2023 |
As-applied challenge to § 18 U.S.C. 922(g)(1) – which prohibits those convicted of felony offenses from possessing firearms – under the Second Amendment. |
Response due 26-Feb-24 |
|
(23-455) |
5th Cir. |
31-Oct-2023 |
Facial challenge to § 18 U.S.C. 922(g)(8) – which prohibits those subject to certain domestic-violence restraining orders from possessing firearms during the duration of the order – under the Second Amendment. |
Distributed for conference 5-Jan-24 |
|
(23-376) |
5th Cir. |
5-Oct-2023 |
As-applied challenge to § 18 U.S.C. 922(g)(3) – which prohibits those who are "unlawful user[s] of or addicted to any controlled substance" from possessing firearms – under the Second Amendment. |
Distributed for conference 5-Jan-24 |
|
(23-274) |
3d Cir. |
5-Oct-2023 |
As-applied challenge to § 18 U.S.C. 922(g)(1) – which prohibits those convicted of felony offenses from possessing firearms – under the Second Amendment. |
Distributed for conference 17-Nov-2023 |
Petitions Disposed
|
Case |
Ct. Below |
Pet. Filed |
Implicated Law/Issue |
Status |
|
(23-526) |
9th Cir. |
15-Nov-2023 |
Second Amendment challenge to California public carry regulations, including open carry ban and school-zone firearm restrictions. |
Cert Denied 8-Jan-24 |
|
(23-510) |
Illinois Supreme Ct. |
9-Nov-2023 |
Due process, equal protection, and Second Amendment challenge to Illinois’ assault weapons and large capacity magazine ban. |
Cert Denied 8-Jan-24 |
|
(23A486 - emergency application) |
7th Cir. |
27-Nov-2023 |
Second Amendment challenge to Illinois' ban on semi-automatic firearms and large-capacity magazines. |
Application denied 14-Dec-2023 |
|
(23-62) |
6th Cir. |
21-July-2023 |
Whether a bump stock device constitutes a "machinegun" as defined by federal legislation, and whether ATF acted outside of its statutory authorization in subjecting bump stocks to heightened regulation under the NFA. |
Distributed for conference 3-Nov-2023; Likely to be held pending Cargill |
|
Bureau of Alcohol, Tobacco, Firearms and Explosives (22-1222) |
D.C. Cir. |
14-June-2023 |
Whether a bump stock device constitutes a "machinegun" as defined by federal legislation, and whether ATF acted outside of its statutory authorization in subjecting bump stocks to heightened regulation under the NFA. |
Distributed for conference 3-Nov-2023; Likely to be held pending Cargill |
|
Kyung Chang Industry USA, Inc. Eighth Judicial District Court of Nevada, et al. (22-1206) |
Nevada Supreme Court |
9-June-2023 |
Request for interlocutory relief in case involving whether a magazine is a "component part of a firearm" under PLCAA. |
Cert Denied 2-Oct-2023 |
|
(23A82 - emergency application) |
5th Cir. |
27-July-2023 |
Application for stay of district court judgment invalidating ATF "ghost gun" rule while appeal to the Fifth Circuit is pending. |
Stay granted 8-Aug-2023 |
|
(22-6853) |
5th Cir. |
21-Feb-2023 |
As-applied commerce clause challenge to 922(g)(1). |
Denied 26-June-2023 |
|
(22-49) |
2d Cir. |
15-July-2022 |
Whether 18 U.S.C. § 924(c)(1)(D)(ii) requires consecutive sentences be imposed for a defendant convicted and sentenced under 924(j). |
Decided 16-June 2023 |
|
(22A948 - emergency application) |
7th Cir. |
26-Apr-2023 |
Emergency application for injunction of Illinois assault weapons and LCM ban pending appeal of district court order upholding the law. |
Denied 17-May-2023 |
|
(22-622) |
2d Cir. |
4-Jan-2023 |
Second Amendment, Fifth Amendment, and vagueness challenge by New York firearms dealers to state regulations on the commercial sale of firearms. |
Cert Denied 24-Apr-2023 |
|
(22-806) |
1st Cir. |
17-Feb-2023 |
Whether the Massachusetts state crime of straight assault becomes a violent felony that satisfies the ACCA's force requirement because it was committed with a dangerous weapon. |
Cert Denied 27-Mar 2023 |
|
(22-586) |
6th Cir. |
21-Dec-2022 |
Mootness of challenge to Michigan COVID-19 restrictions, including Second Amendment challenge to order closing gun stores |
Cert Denied 27-Feb-2023 |
|
(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) |
Denied 18-Jan-2023 |
|
(22-478) |
3d Cir. |
13-May-2022 |
Challenge to NJ extreme-risk-protection law under Fourth Amendment / Younger abstention |
Cert Denied 17-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) |
|
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 5-Dec-2022 |
|
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 14-Nov-2022 |
|
Md. Ct. App. |
13-Oct-2022 |
Challenge to Maryland jury instructions for possessing firearm after conviction for a crime of violence |
Cert Denied 14-Nov-2022 |
|
|
(21-1522) |
2d Cir. |
31-May-2022 |
Challenge to warrantless home entry to seize firearms |
Cert Denied 14-Nov-2022 |
|
(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 31-Oct-2022 |
|
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 3-Oct-2022 |
|
Gun Owners of America v. Garland (21-1215) |
6th Cir. |
3-Mar-2022 |
Challenge to the bump stock ban |
Cert Denied 3-Oct-2022 |
|
(21-1160) |
1st Cir. |
13-Dec-2022 |
Challenge to Massachusetts’ bar on handgun purchases for those with nonviolent misdemeanors |
Granted, vacated and remanded for further consideration in light of Bruen 3-Oct-2022 |
|
(21-159) |
10th Cir. |
2-Aug-2021 |
Challenge to agency deference re the bump stock ban |
Cert Denied 3-Oct-2022 |
|
(21-1194) |
9th Cir. |
28-Feb-2022 |
Challenge to California ban on magazines holding 10 rounds or more |
Granted, vacated and remanded for further consideration in light of Bruen 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 for further consideration in light of Bruen 30-June 2022 |
|
(20-1639) |
9th Cir. |
11-May-21 |
Challenge to Hawaii’s restrictive open carry law |
Granted, vacated and remanded for further consideration in light of Bruen 30-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 for further consideration in light of Bruen 30-June 2022 |
|
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 |