SCOTUS Gun Watch - Week of 12/23/24
Maryland filed its response in Maryland Shall Issue v. Moore, a challenge to the state's handgun permitting process where a majority of the en banc Fourth Circuit held that the plaintiffs "failed to rebut th[e] presumption of constitutionality afforded to 'shall-issue' licensing laws," on December 16. The state argues that its law does not "infringe" the Second Amendment at a threshold level, is consistent with history, and has not been put toward "abusive ends." Maryland also contends that "no circuit split exists on the constitutionality of the type of licensing scheme at issue here."
The justices will hold their next conference after the holidays on Friday, January 10. That's also the date on which Mexico's opening brief is due in Smith & Wesson v. Estados Unidos Mexicanos, with supporting amicus briefs due one week later on January 17.
Snope and Ocean State Tactical are both currently still listed as "rescheduled," as the Court seems intent on consolidating the pending assault weapon and large-capacity magazine petitions for consideration at a single conference. Gray v. Jennings is slightly behind those two cases. The petitioners in Gray recently filed a waiver of the waiting period for distribution and requested that the petition be considered at the January 10 conference (presumably, together with the Maryland and Rhode Island petitions).
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. |
Respondent's brief due 10-Jan-24; Oral argument set for 4-Mar-25 |
Petitions Pending
|
Case |
Ct. Below |
Pet. Filed |
Implicated Law/Issue |
Status |
|
(24-649) |
Commonwealth Court of Pennsylvania |
9-Dec-24 |
Whether a municipal zoning code that prohibits gun stores from operating in substantially all of a city’s land area violates the Second Amendment. |
Response due 15-Jan-25 |
|
(24-6146) |
District Court of Appeal of Florida |
9-Dec-24 |
Second Amendment challenge to state-law conviction for possessing a firearm as a convicted felon. |
Response due 15-Jan-25 |
|
(24-6107) |
11th Cir. |
5-Dec-24 |
As-applied Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms, by nonviolent felon. |
Response due 9-Jan-25 |
|
(24-6103) |
5th Cir. |
6-Dec-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Distributed for conference 10-Jan-25 |
|
(24-6102) |
11th Cir. |
5-Dec-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Response due 9-Jan-25 |
|
(24-6089) |
5th Cir. |
2-Dec-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Distributed for conference 10-Jan-25 |
|
(24-6082) |
5th Cir. |
2-Dec-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Distributed for conference 10-Jan-25 |
|
(24-6063) |
11th Cir. |
27-Nov-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Distributed for conference 10-Jan-25 |
|
(24-598) |
9th Cir. |
27-Nov-24 |
First and Second Amendment and Equal Protection challenge to California ban on contracting for the sale of guns or ammunition in gun show locations. |
Response waived 9-Dec-25 |
|
(24-6064) |
2d Cir. |
26-Nov-24 |
Whether the imposition of a ban on gun possession as a standard term of supervised release violates |
Distributed for conference 10-Jan-25 |
|
(24-6061) |
5th Cir. |
25-Nov-24 |
Facial and as-applied Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Distributed for conference 10-Jan-25 |
|
(24-6006) |
11th Cir. |
18-Nov-24 |
As-applied Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms, by nonviolent felon. |
Distributed for conference 10-Jan-25 |
|
(24-567) |
7th Cir. |
16-Nov-24 |
"The petitioner contends that the cumulative impact of the lower courts’ actions has resulted in his effective disarmament without procedural safeguards[, . . . ] depriv[ing] him of his Second Amendment rights." |
Response due 23-Dec-24 |
|
(24-5997) |
11th Cir. |
12-Nov-24 |
As-applied Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms, by nonviolent felon. |
Response due 21-Jan-25 |
|
(24-5937) |
4th Cir. |
4-Nov-24 |
Second Amendment challenge to § 18 U.S.C. 922(k), which prohibits posession of guns with removed or altered serial numbers; Bruen plain text analysis. |
Response due 22-Jan-25 |
|
(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 filed 18-Dec-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 filed 12-Dec-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 filed 16-Dec-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. |
Distributed for conference 10-Jan-25 |
|
(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). |
Reply filed 20-Dec-24 |
|
NYPD Headquarters, License Div. (24-5854) |
N.Y. Ct. App. |
22-Aug-24 |
Second Amendment challenge to denial of concealed carry license. |
Distributed for conference 10-Jan-25 |
|
(24-203) |
4th Cir. |
21-Aug-24 |
Second Amendment challenge to Maryland ban on certain semiautomatic rifles; what weapons receive Second Amendment protection. |
Rescheduled 11-Dec-24 |
|
(24-131) |
1st Cir. |
2-Aug-24 |
Whether a state may ban large-capacity magazines consistent with the Second Amendment. |
Rescheduled 11-Dec-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. |
Distributed for conference 10-Jan-25 |
|
(24-6046) |
9th Cir. |
26-Mar-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms; burden of proof under Bruen. |
Response due 27-Dec-24 |
Petitions Disposed
|
Case |
Ct. Below |
Pet. Filed |
Implicated Law/Issue |
Status |
|
(23-7517) |
Supreme Ct. of Hawaii |
14-May-24 |
Whether Bruen governs when a state's criminal prosecution for |
Cert Denied 9-Dec-24; separate statement by Justice Thomas (joined by Justice Alito) |
|
(24-5951) |
5th Cir. |
6-Nov-24 |
Facial Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms; plain-error review. |
Cert Denied 9-Dec-24 |
|
(24-5909) |
5th Cir. |
30-Oct-24 |
As-applied Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms, by nonviolent felon. |
Cert Denied 9-Dec-24 |
|
(24-403) |
Wash. Ct. of Appeals |
8-Oct-24 |
Whether a juvenile felony conviction disqualifies an individual from possessing firearms under federal law. |
Cert Denied 9-Dec-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. |
Cert Denied 9-Dec-24 |
|
(24-5869) |
8th Cir. |
24-Oct-24 |
Whether mere presence of a firearm and a nexus to narcotic activity is sufficient to apply the dangerous weapon enhancement in U.S.S.G. § 2D1.1(b)(1). |
Cert Denied 25-Nov-24 |
|
(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. |
Cert Denied 25-Nov-24 |
|
(24-5795) |
1st Cir. |
16-Oct-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms, by nonviolent felon. |
Cert Denied 18-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. |
Cert Denied18-Nov-24 |
|
(24-5821) |
4th Cir. |
26-July-24 (docketed 25-Oct-24) |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms (habeas petition). |
Cert Denied 18-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. |
Cert Denied 12-Nov-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. |
Granted, vacated, and remanded post-Rahimi 4-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. |
Granted, vacated, and remanded post-Rahimi 4-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. |
Granted, vacated, and remanded post-Rahimi 4-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. |
Granted, vacated, and remanded post-Rahimi 4-Nov-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. |
Granted, vacated, and remanded post-Rahimi 4-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. |
Granted, vacated, and remanded post-Rahimi 4-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. |
Granted, vacated, and remanded post-Rahimi 4-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. |
Cert Denied 4-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. |
Cert Denied 4-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. |
Cert Denied 4-Nov-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. |
Cert Denied 4-Nov-24 |
|
(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 |