SCOTUS Gun Watch - Week of 12/9/24
The Court rescheduled consideration of the petition in Ocean State Tactical v. Rhode Island (which had been distributed for last Friday's conference) on December 5, potentially indicating a desire to weigh several assault weapon and large-capacity magazine petitions together. Snope v. Brown—which represents perhaps the best current chance for the Court to grant cert in a "class of arms" case—is listed for this Friday's conference. In Gray v. Jennings, another similar case out of Delaware, the state has received an extension of its response deadline until December 12.
The justices also issued an orders list this morning and denied cert in Wilson v. Hawaii—after the petition had been serially re-distributed since September. It's now clear the delay involved a separate statement by Justice Thomas, joined by Justice Alito, arguing that the Court should grant cert in an appropriate future case to address "whether the Second Amendment allows state standing law to restrict the defenses that criminal defendants facing firearms-related charges may raise."
The Hawaii Supreme Court, in a decision we covered here, made headlines for determining that, "[i]n Hawaiʻi, there is no state constitutional right to carry a firearm in public." While Justice Thomas' statement criticized that aspect of the decision in passing, it focused instead on the Hawaii Supreme Court's holding that Wilson had standing to challenge only state laws restricting unlicensed possession of guns and ammunition and not the licensing rules themselves. Instead, Justice Thomas wrote, the Second "Amendment is [] self-executing, and a State transgresses it as soon as the State implements a licensing regime that is inconsistent with the Nation’s 'historical tradition of firearm regulation.'" Invoking First Amendment cases invalidating permit requirements for union-related picketing and organizing, Justice Thomas explained his view that "States cannot mandate that would-be gun owners go through an unconstitutional licensing process before they may invoke their Second Amendment rights."
Justices Thomas and Alito agreed with the decision to deny review of an interlocutory order, but they also expressed frustration with what they called "continued cavalier" treatment of the Second Amendment right by lower courts. Ultimately, the issue here seems to be retroactive application of Bruen to may-issue licensing rules such as the one in force in Hawaii when Wilson was arrested and charged in 2017—even if the challenger didn't attempt to obtain a license. Accepting that standing exists in such a situation, the question remains whether other, constitutional provisions of a may-issue framework can be severed from proper-cause requirements. At least one California court has taken that approach and upheld a pre-Bruen conviction for unlicensed possession against Second Amendment challenge.
In Smith & Wesson v. Mexico, Smith & Wesson filed its opening merits brief on November 26. A number of amicus briefs have also hit the docket in support of the gun manufacturers' arguments that the case should be thrown out.
The Smith & Wesson brief focuses on proximate cause, arguing that Mexico's claims are contrary to "[t]he rule . . . that the manufacturer or distributor of a lawful product is not a proximate cause of the product’s independent criminal misuse[, which] . . . PLCAA incorporated . . . for the very purpose of barring suits like this one." The gunmakers also assert that Mexico fails to plausibly allege that the defendants aided and abetted any criminal violation, as required to come within the scope of PLCAA's predicate exception, because "the supplier of a lawful product does not become a criminal simply because it refuses to take additional affirmative steps to stop third parties from using the product to commit a crime." Mexico's brief is due on January 10.
(NOTE: This post has been corrected to reflect the Court's disposition of the Wilson v. Hawaii petition.)
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 |
|
(24-6089) |
5th Cir. |
2-Dec-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Response due 6-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. |
Response due 6-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. |
Response due 2-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 due 2-Jan-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 |
Response due 2-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. |
Response due 2-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 20-Dec-24 |
|
(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 requested; due 23-Dec-24 |
|
(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-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 due 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 due 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. |
Response filed 2-Dec-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 due 12-Dec-24 |
|
NYPD Headquarters, License Div. (24-5854) |
N.Y. Ct. App. |
22-Aug-24 |
Second Amendment challenge to denial of concealed carry license. |
Response due 29-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. |
Distributed for conference 13-Dec-24 |
|
(24-131) |
1st Cir. |
2-Aug-24 |
Whether a state may ban large-capacity magazines consistent with the Second Amendment. |
Rescheduled 5-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 |
|
(23-7517) |
Supreme Ct. of Hawaii |
14-May-24 |
Whether Bruen governs when a state's criminal prosecution for |
Distributed for conference 6-Dec-24 |
|
(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 |
|
(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 |