SCOTUS Gun Watch - Week of 4/8/24
On April 4, Justice Sotomayor denied the emergency application filed in Srour v. City of New York, a Second Amendment challenge to New York City's long-gun licensing system that includes a "good moral character" requirement. In an October 2023 decision, a judge in the Southern District of New York granted Srour's motion for summary judgment in part, finding that there was "no historical analogue for denying a person’s exercise of their Second Amendment right upon on a municipality official’s subjective assessment of that person’s character." The Second Circuit then stayed the district court ruling pending appeal, citing that court's December decision in Antonyuk which upheld New York state's "good moral character" requirement for handgun carry licensing. The Antonyuk panel found that "Bruen does not forbid discretion in licensing regimes" and that "[l]icensing that includes discretion that is bounded by defined standards . . . is part of this nation’s history and tradition of firearm regulation" (we covered that ruling here).
Justice Sotomayor denied the Srour application – which asked the Court to lift the stay imposed by the Second Circuit – without referring it to the full Court or asking for a response from the city. While the denial itself does not necessarily indicate the justices' views on the merits here, I do think the fact that Justice Sotomayor did not refer the application to the full court could signal some kind of consensus in favor of the Second Circuit's position on the constitutionality of a "bounded discretion" licensing process.
The Court did not issue an orders list today. The justices' next conference will take place this Friday, April 12.
Petitions Granted and Argued or Pending Argument
|
Case |
Ct. Below |
Pet. Filed |
Implicated Law/Issue |
Status |
|
(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. |
|
|
(22-915) |
5th Cir. |
17-Mar-2023 |
Facial Second Amendment 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. |
|
|
The National Rifle Association of America (22-842) |
2d Cir. |
7-Feb-2023 |
First Amendment challenge by the NRA to state government guidance urging financial institutions to consider the reputational risks of doing business with gun-rights organizations. |
Petitions Pending
|
Case |
Ct. Below |
Pet. Filed |
Implicated Law/Issue |
Status |
|
(23-7125) |
5th Cir. |
27-Mar-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Response waived 5-Apr-24 |
|
(23-7055) |
5th Cir. |
19-Mar-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms; whether to hold pending Rahimi. |
Response waived; Distributed for conference 19-Apr-24 |
|
(23-7001) |
5th Cir. |
13-Mar-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms; whether to hold pending Rahimi. |
Response waived; Distributed for conference 12-Apr-24 |
|
(23-1018) |
2d Cir. |
11-Mar-24 |
Second Amendment challenge to NYC concealed carry application requirements. |
Response due 17-Apr-24 |
|
(23-6973) |
5th Cir. |
8-Mar-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms; whether to hold pending Rahimi. |
Response waived; Distributed for conference 12-Apr-24 |
|
(23-995) |
2d Cir. |
7-Mar-24 |
Second Amendment challenge to NY commercial regulations applying to federally-licensed firearm dealers. |
Response due 13-May-24 |
|
(23-6842) |
8th Cir. |
23-Feb-24 |
Whether 18 U.S.C. § 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms, is invariably constitutional both facially and as-applied to any defendant, no matter the case-specific circumstances. |
Response due 29-Apr-24 (motion to extend granted) |
|
(23-910) |
2d Cir. |
20-Feb-24 |
The proper historical reference point for Bruen's analogical inquiry; whether "good moral character" public carry permitting requirements violate the Second Amendment. |
Response due 9-May-24 (motion to extend granted) |
|
National Association for Gun Rights And related challenges to Illionois' PICA |
7th Cir. |
12-Feb-24 |
Second Amendment challenge to Illinois' ban on certain semiautomatic firearms and large-capacity magazines; "common use" test. |
Extension granted; Responses due 15-Apr-24 |
|
(23-863 - petition for certiorari before judgment) |
4th Cir. |
9-Feb-24 |
Second Amendment challenge to Maryland's ban on certain semiautomatic firearms; "common use" test. |
Response due 12-Apr-24 (motion to extend granted) |
|
(23-852) |
5th Cir. |
7-Feb-2024 |
Administrative law challenge to ATF "ghost gun" rule, which provides that certain products that can readily be converted into an operational firearm or a functional frame or receiver fall within the GCA's defintion of a "firearm" and may be regulated accordingly. |
Distributed for conference 12-Apr-24 |
|
(22-10892) |
5th Cir. |
30-Jan-2024 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Distributed for conference 12-Apr-24 |
|
(23-6602) |
8th Cir. |
25-Jan-2024 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Response filed 29-Mar-24 |
|
(23-683) |
10th Cir. |
21-Dec-2023 |
As-applied Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms, which prohibits those convicted of felony offenses from possessing firearms. |
Distributed for conference 28-Mar-24 |
|
(23-6278) |
5th Cir. |
13-Dec-2023 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Distributed for conference 12-Apr-24 |
|
(23-6170) |
8th Cir. |
28-Nov-2023 |
As-applied Second Amendment challenge to § 18 U.S.C. 922(g)(1). which prohibits those convicted of felony offenses from possessing firearms. |
Distributed for conference 15-Mar-24 |
|
(23-455) |
5th Cir. |
31-Oct-2023 |
Facial Second Amendment challenge to § 18 U.S.C. 922(g)(8), the domestic-violence restraining order ban. |
Distributed for conference 5-Jan-24 |
|
(23-376) |
5th Cir. |
5-Oct-2023 |
As-applied Second Amendment 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. |
Distributed for conference 5-Jan-24 |
|
(23-374) |
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. |
Distributed for conference 17-Nov-2023 |
Petitions Disposed
|
Case |
Ct. Below |
Pet. Filed |
Implicated Law/Issue |
Status |
|
(23A870 - application to vacate stay) |
2d Cir. |
26-Mar-24 |
Second Amendment challenge to NYC "good moral character" requirement for long-gun licensing (motion to vacate Second Circuit's decision to stay district court injunction under Antonyuk) |
Application Denied 4-Apr-24 |
|
(23-6850) |
5th Cir. |
23-Feb-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Cert Denied 1-Apr-24 |
|
(23-921) |
8th Cir. |
9-Feb-24 |
Second Amendment challenge to NFA; pro se. |
Cert Denied 1-Apr-24 |
|
(23-6881) |
5th Cir. |
28-Feb-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Cert Denied 25-Mar-24 |
|
(23-6869) |
5th Cir. |
27-Feb-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Cert Denied 25-Mar-24 |
|
(23-6793) |
5th Cir. |
16-Feb-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Cert Denied 18-Mar-24 |
|
(23-6769) |
5th Cir. |
13-Feb-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Cert Denied 18-Mar-24 |
|
(23-6750) |
11th Cir. |
12-Feb-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Cert Denied 18-Mar-24 |
|
(23-6754) |
9th Cir. |
9-Feb-24 |
Second Amendment challenge to § 2D1.1(b)(1) of the Sentencing Guidelines, an enhancement to the offense level that applies when “a dangerous weapon (including a firearm) was possessed" at the time of the offense. |
Cert Denied 18-Mar-24 |
|
(23-6716) |
9th Cir. |
6-Feb-2024 |
Jury instruction regarding insterstate commerce element of 18 U.S.C. § 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Cert Denied 4-Mar-24 |
|
(23-6689) |
5th Cir. |
5-Feb-2024 |
Second Amendment challenge to 26 U.S.C. § 5861(e), which prohibits transferring an unregistered machinegun. |
Cert Denied 4-Mar-24 |
|
(23-6687) |
5th Cir. |
2-Feb-2024 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Cert Denied 4-Mar-24 |
|
(23-6635) |
5th Cir. |
25-Jan-2024 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Cert Denied 4-Mar-24 |
|
(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 |