SCOTUS Gun Watch - Week of 10/21/24
The Court issued an orders list last Tuesday and another this morning, disposing of a number of outstanding Second Amendment petitions. Most notably, the Court granted, vacated, and remanded for further proceedings after Rahimi in Paris v. Lara, a challenge to a set of Pennsylvania statutes that ban 18-to-20 year olds from carrying guns in public during declared states of emergency. A Third Circuit panel struck down the law in February under the Second Amendment (we covered that decision here), and Lara was the first post-Bruen age restriction case to make it to the Supreme Court.
While it is difficult to read too much into the Lara GVR given the fact that the Court has broadly sent back Second Amendment cases post-Rahimi regardless of the result below, this seems at least a soft signal that the Court is asking for a more flexible approach to considering historical evidence. Whether and how state laws from the mid-1800s can be considered under Bruen is a major issue in age cases, and the panel here found itself entirely precluded from weighing such evidence because it was too far in time from the Founding.
Wilson v. Hawaii was re-distributed for the third time for consideration at last Friday's conference but not addressed in today's order list, which likely signals yet another re-list. Delaware waived its response in Gray v. Jennings, a challenge to the state's assault weapon and large-capacity magazine ban where the Third Circuit affirmed the denial of a preliminary injunction on largely procedural grounds (we covered that decision here). On October 18, a group of states led by West Virginia filed an amicus brief in support of the petitioner in Gray. The brief argues in part that the panel decision below "fail[ed] to appreciate the essential nature of the Second Amendment right while inappropriately minimizing its value relative to other constitutional rights."
The response in Oakland Tactical, a Second Amendment challenge to municipal zoning restrictions that bar construction of a long-distance shooting range, is expected today. And the response deadline in Snope v. Brown—where the en banc Fourth Circuit upheld Maryland's assault weapons ban—has been extended to November 12 at the state's request (the Court granted the state's motion, which was opposed by petitioners, in part).
Petitions Granted and Pending Argument
|
Case |
Ct. Below |
Pet. Filed |
Implicated Law/Issue |
Status |
|
(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. |
Argued 8-Oct-24 |
|
(23-1141) |
1st Cir. |
18-Apr-24 |
Scope of proximate cause for claims brought under PLCAA exception by the Mexican government based on the production and sale of firearms in the United States; Scope of aiding and abetting liability with regard to the same claims. |
Cert granted 4-Oct-24 |
Petitions Pending
|
Case |
Ct. Below |
Pet. Filed |
Implicated Law/Issue |
Status |
|
(24-5768) |
4th Cir. |
15-Oct-24 |
Facial Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Response due 18-Nov-24 |
|
(24-403) |
Wash. Ct. of Appeals |
8-Oct-24 |
Whether a juvenile felony conviction disqualifies an individual from possessing firearms under federal law. |
Response due 12-Nov-24 |
|
(24-5744) |
11th Cir. |
8-Oct-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms, by nonviolent felon. |
Response due 12-Nov-24 |
|
(24-5748) |
5th Cir. |
7-Oct-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms, by nonviolent felon. |
Response due 12-Nov-24 |
|
(24-5723) |
6th Cir. |
2-Oct-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Response waived 17-Oct-24 |
|
(24-373) |
4th Cir. |
27-Sep-24 |
Second Amendment challenge to Maryland's handgun qualification license requirement / shall-issue licensing for handgun purchases under Bruen. |
Response due 1-Nov-24 |
|
(24-5690) |
10th Cir. |
26-Sep-24 |
Facial and as-applied Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Response due 1-Nov-24 |
|
(24-5639) |
5th Cir. |
24-Sep-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Distributed for conference 1-Nov-24 |
|
(24-5623) |
3d Cir. |
20-Sep-24 |
As-applied Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Distributed for conference 1-Nov-24 |
|
(24-328) |
10th Cir. |
17-Sep-24 |
Pro se petition challenging ATF's classification of stabilizing pistol braces on various constitutional and statutory grounds. |
Distributed for conference 1-Nov-24 |
|
(24-309) |
3d Cir. |
16-Sep-24 |
Whether the infringement of the Second Amendment constitutes per se irreparable injury sufficient to support a preliminary injunction (in the context of Delaware's ban on certain semiautomatic rifles and large-capacity magazines). |
Response waived 18-Oct-24 |
|
(24-5488) |
10th Cir. |
5-Sep-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Distributed for conference 1-Nov-24 |
|
(24-5453) |
11th Cir. |
30-Aug-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Distributed for conference 1-Nov-24 |
|
(24-5406) |
8th Cir. |
22-Aug-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms, and § 18 U.S.C. 922(g)(9), which prohibits domestic-violence misdemeanants from possessing firearms. |
Distributed for conference 1-Nov-24 |
|
(24-5391) |
4th Cir. |
22-Aug-24 |
Facial Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Distributed for conference 1-Nov-24 |
|
(24-203) |
4th Cir. |
21-Aug-24 |
Second Amendment challenge to Maryland ban on certain semiautomatic rifles; what weapons receive Second Amendment protection. |
Response due 12-Nov-24 (deadline extended) |
|
(24-178) |
6th Cir. |
16-Aug-24 |
Second Amendment challenge to municipal zoning rules that prohibition construction of an outdoor firing range; Second Amendment protection for the right to train with commonly-possessed firearms. |
Response due 21-Oct-24 |
|
(24-5328) |
8th Cir. |
13-Aug-24 |
Whether 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms, is invariably constitutional both facially and as applied to any defendant, no matter the case-specific circumstances. |
Distributed for conference 1-Nov-24 |
|
(24-5315) |
11th Cir. |
7-Aug-24 |
Facial and as-applied Second Amendment and challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Distributed for conference 1-Nov-24 |
|
(24-5258) |
10th Cir. |
5-Aug-24 |
Facial and as-applied Second Amendment and challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Distributed for conference 1-Nov-24 |
|
(24-131) |
1st Cir. |
2-Aug-24 |
Whether a state may ban large-capacity magazines consistent with the Second Amendment. |
Response due 5-Nov-24 |
|
(24-120) |
11th Cir. |
29-July-24 |
Whether certain items (inline fuel filters and firearms solvent traps) capable of muffling or silencing the sound of a firearm discharge fall within the NFA's silencer ban or are protected by the Second Amendment. |
Response due 4-Nov-24 |
|
(24-5194) |
5th Cir. |
26-July-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Response due 21-Oct-24 |
|
(23-1257) |
5th Cir. |
29-May-24 |
Whether the Fourth Amendment permits police to shoot a fleeing suspect who might be holding a gun but exhibits no other signs of dangerousness. |
Distributed for conference 1-Nov-24 |
|
(23-7517) |
Supreme Ct. of Hawaii |
14-May-24 |
Whether Bruen governs when a state's criminal prosecution for |
Distributed for conference 18-Oct-24 |
Petitions Disposed
|
Case |
Ct. Below |
Pet. Filed |
Implicated Law/Issue |
Status |
|
(24-5479) |
5th Cir. |
4-Sep-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 21-Oct-24 |
|
(24-37) |
11th Cir. |
10-July-24 |
Whether a criminal defendant may raise an as-applied Second Amendment challenge to 18 U.S.C. |
Granted, vacated, and remanded post-Rahimi 21-Oct-24 |
|
Paris, Commissioner, Pennsylvania State Police (24-93) |
3d Cir. |
25-July-24 |
Second Amendment challenge to state laws that restrict the rights of 18-to-20-year-olds to carry guns in public. |
Granted, vacated, and remanded post-Rahimi 15-Oct-24 |
|
(24-5576) |
5th Cir. |
17-Sep-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 15-Oct-24 |
|
(24-5560) |
5th Cir. |
16-Sep-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 15-Oct-24 |
|
(24-5540) |
8th Cir. |
11-Sep-24 |
Whether the possession of a firearm in an open-carry state is sufficient to justify a warrantless seizure under the Fourth Amendment. |
Cert Denied 15-Oct-24 |
|
(24-5507) |
5th Cir. |
6-Sep-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 15-Oct-24 |
|
(24-5506) |
9th Cir. |
6-Sep-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(8)(C)(ii), which prohibits those subject to certain domestic-violence restraining orders from possessing guns based on the terms of the underlying restraining order without a credible-threat finding. |
Cert Denied 15-Oct-24 |
|
(24-5482) |
5th Cir. |
30-Aug-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 15-Oct-24 |
|
(24-5404) |
8th Cir. |
22-Aug-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(3), which prohibits unlawful drug users from possessing guns, both facially and as-applied to marijuana users; temporal nexus between drug use and gun possession. |
Cert Denied 7-Oct-24 |
|
(24-5393) |
5th Cir. |
21-Aug-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 7-Oct-24 |
|
(24-5392) |
9th Cir. |
21-Aug-24 |
Impact of Rahimi on a Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 7-Oct-24 |
|
(24-5376) |
5th Cir. |
20-Aug-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 7-Oct-24 |
|
(24-5298) |
10th Cir. |
7-Aug-24 |
Facial and as-applied Second Amendment and challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 7-Oct-24 |
|
(24-5261) |
5th Cir. |
5-Aug-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 7-Oct-24 |
|
(24-5229) |
5th Cir. |
1-Aug-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 7-Oct-24 |
|
(24-5126) |
2d Cir. |
19-July-24 |
As-applied Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 7-Oct-24 |
|
(24-101) |
Mass. Appeals Court |
17-July-24 |
Second Amendment challenge to Massachusetts' firearm licensing system and assault weapons ban, as applied to a new state resident who transports guns purchased out-of-state into Massachusetts. |
Cert Denied 7-Oct-24 |
|
(24-5112) |
5th Cir. |
16-July-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 7-Oct-24 |
|
(24-5103) |
5th Cir. |
15-July-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 7-Oct-24 |
|
(24-5101) |
5th Cir. |
15-July-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 7-Oct-24 |
|
(24-5087) |
5th Cir. |
11-July-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 7-Oct-24 |
|
(24-5043) |
5th Cir. |
3-July-24 |
Second Amendment challenge to §§ 18 U.S.C. 922(g)(9) and (n), which prohibit domestic-violence misdemeanants and those under felony indictment, respectively, from possessing firearms. |
Cert Denied 7-Oct-24 |
|
(24-5007) |
5th Cir. |
1-July-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 7-Oct-24 |
|
(23-7776) |
10th Cir. |
18-June-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Granted, vacated, and remanded post-Rahimi 7-Oct-24 |
|
(23-7804) |
5th Cir. |
14-Jun-24 |
Post-Bruen constitutionality of § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 7-Oct-24 |
|
(23-7693) |
5th Cir. |
10-June-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(n), which prohibits those under felony indictment from receiving firearms. |
Cert Denied 7-Oct-24 |
|
(23-7692) |
5th Cir. |
10-June-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 7-Oct-24 |
|
(23-7689) |
5th Cir. |
7-June-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms; whether to hold pending Rahimi. |
Cert Denied 7-Oct-24 |
|
(23-7688) |
5th Cir. |
7-June-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 7-Oct-24 |
|
(23-7670) |
5th Cir. |
4-June-24 |
Whether Rahimi impacts plain-error analysis for unpreserved 922(g)(1) challenge. |
Cert Denied 7-Oct-24 |
|
(23-7662) |
5th Cir. |
3-June-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 7-Oct-24 |
|
(23-7653) |
5th Cir. |
3-June-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms; whether to hold pending Rahimi. |
Cert Denied 7-Oct-24 |
|
(23-1225) |
4th Cir. |
17-May-24 |
First Amendment challenge to local ordinance requiring gun stores to display and distribute suicide-prevention and conflict-resolution literature. |
Cert Denied 7-Oct-24 |
|
(23-7554) |
5th Cir. |
16-May-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 7-Oct-24 |
|
(23-7501) |
10th Cir. |
15-May-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Granted, vacated, and remanded post-Rahimi 7-Oct-24 |
|
(23-7293) |
10th Cir. |
19-Apr-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Granted, vacated, and remanded post-Rahimi 7-Oct-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. |
Granted, vacated, and remanded post-Rahimi 2-July-24 |
|
(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. |
Granted, vacated, and remanded post-Rahimi 2-July-24 |
|
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. |
Cert Denied 2-July-24 (separate statement by Justice Thomas) |
|
(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. |
Granted, vacated, and remanded post-Rahimi 2-July-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. |
Granted, vacated, and remanded post-Rahimi 2-July-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. |
Granted, vacated, and remanded post-Rahimi 2-July-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. |
Granted, vacated, and remanded post-Rahimi 2-July-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. |
Granted, vacated, and remanded post-Rahimi 2-July-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. |
Granted, vacated, and remanded post-Rahimi 2-July-24 |
|
(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. |
Cert Denied 24-June-24 |
|
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. |
Granted, vacated, and remanded post-Cargill 24-June-24 |
|
(23-886) |
Mass. Supreme Ct. |
14-Feb-24 |
Application of double jeopardy rules to attempted re-trial for unlicensed gun possession given intervening change in law due to Bruen; whether non-licensure is an essential element of the crime or proof of licensure is an affirmative defense. |
Cert Denied 24-Jun-24 |
|
(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. |
Decided 21-Jun-24 |
|
(23-995) |
2d Cir. |
7-Mar-24 |
Second Amendment challenge to NY commercial regulations applying to federally-licensed firearm dealers. |
Cert Denied 17-June-24 |
|
(23-7231) |
Oklahoma Ct. of Criminal App. |
25-Jan-24 |
Ineffective assistance of counsel claim re failure to notify criminal defendant of potential loss of Second Amendment rights due to conviction for misdemeanour domestic violence offense. |
Cert Denied 17-Jun-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. |
Decided 14-Jun-24 |
|
(23-7451) |
5th Cir. |
8-May-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 10-June-24 |
|
(23-7421) |
5th Cir. |
6-May-24 |
Whether Rahimi potentially impacts plain-error analysis for unpreserved 922(g)(1) challenge. |
Cert Denied 10-June-24 |
|
(23-7419) |
5th Cir. |
6-May-24 |
Whether Rahimi potentially impacts plain-error analysis for unpreserved 922(g)(1) challenge. |
Cert Denied 10-June-24 |
|
(23-7402) |
5th Cir. |
3-May-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. |
Cert Denied 10-June-24 |
|
(23-7401) |
5th Cir. |
3-May-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. |
Cert Denied 10-June-24 |
|
(23-7433) |
8th Cir. |
1-Apr-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Cert Denied 10-June-24 |
|
(23-6521) |
Superior Court of New Jersey, Appellate Division |
16-Jan-24 |
Second Amendment challenge to NJ's pre-Bruen public-carry permitting law requiring a showing of heightened need; retroactivity of Bruen. |
Cert Denied 10-June-24 |
|
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. |
Decided 30-May-24 |