SCOTUS Gun Watch - Week of 1/27/25
The Court issued an orders list this morning. There's no update on the two pending assault weapon and large-capacity magazine petitions (Snope and Ocean State) or Perez-Garcia (a Ninth Circuit case involving firearms possession while on supervised release after completion of a carceral sentence)—those petitions will most likely be redistributed for the Court's next conference on February 10.
On January 16, a petition for review was filed in Wade v. University of Michigan. Joshua Wade attended a public event in Ann Arbor in 2014 while openly carrying a pistol, which is generally allowed under Michigan law. Wade was warned, however, that he could easily violate the state's criminal prohibition on carrying guns on any university campus by unwittingly wandering onto university property, as university buildings and facilities are scattered throughout the downtown area. Wade applied to the university for a waiver from the ban and was denied, and subsequently challenged the campus gun prohibition under the Second Amendment.
His challenge had worked its way up to the Michigan Supreme Court by 2022, at which point the case was remanded to apply Bruen's new legal test. In 2023, a state appellate court sided with the university and found that Heller allows university campuses to be deemed sensitive places where guns are banned entirely. The Michigan Supreme Court denied review in late 2024. Each time the case came up to the state supreme court, Justice David Viviano expressed his view that it is likely unconstitutional to ban guns on the entire university campus because modern college campuses have grown so extensively since the Founding Era. Jake Charles covered the initial post-Bruen remand here, and I discussed the subsequent appellate decision here. Wade has now asked the U.S. Supreme Court to take up his case and the question of how best to construe Heller's carveout for laws banning guns in schools. (A similar challenge in North Carolina was resolved in favor of the challenger after the state supreme court allowed an appellate ruling to stand in August—we covered that case here.)
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 filed 10-Jan-24; Oral argument set for 4-Mar-25 |
Petitions Pending
|
Case |
Ct. Below |
Pet. Filed |
Implicated Law/Issue |
Status |
|
(24-782) |
8th Cir. |
17-Jan-25 |
Does Minnesota’s statute limiting permits for public carry of pistols to those 21 and older comport with the principles underlying the Second Amendment? |
Response due 24-Feb-25 |
|
(24-773) |
Mich. Ct. of Appeals |
16-Jan-25 |
Second Amendment challenge to state criminal ban on gun possession on university campus; the limits of "sensitive places" under Bruen. |
Response due 20-Feb-25 |
|
(24-6326) |
5th Cir. |
14-Jan-25 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms; whether to hold petition pending resolution of circuit split regarding 922(g)(1). |
Response waived 23-Jan-25 |
|
(24-6290) |
5th Cir. |
7-Jan-25 |
Second Amendment, Due Process, and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Response waived 22-Jan-25 |
|
(24-6301) |
11th Cir. |
6-Jan-25 |
Whether a person who was previously convicted of a felony is categorically excluded from the protections of the Second Amendment. |
Response waived 23-Jan-25 |
|
(24-6283) |
5th Cir. |
2-Jan-25 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Response waived 22-Jan-25 |
|
(24-6203) |
9th Cir. |
20-Dec-24 |
As-applied Second Amendment challenge to firearms-related pretrial release condition; whether lower court decision should be vacated post-Rahimi. |
Distributed for conference 24-Jan-25 |
|
(24-681) |
Superior Court of New Jersey, Appellate Division |
19-Dec-24 |
Does the Second Amendment permit a state statute criminalizing the possession of firearms by persons not convicted of a violent crime or otherwise determined to pose a safety risk to themselves or others? |
Distributed for conference 21-Feb-25 |
|
(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 waived 8-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 requested, due 12-Feb-25 (extension pending) |
|
(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. |
Reply filed 22-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 filed 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 requested, due 20-Mar-25 |
|
(24-6361) |
10th Cir. |
12-Nov-24 |
Propriety of introducing evidence of gun possession not directly related to offense of conviction in a criminal case. |
Response due 14-Feb-25 |
|
(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 filed 17-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 21-Feb-25 |
|
(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 24-Jan-25 |
|
(24-131) |
1st Cir. |
2-Aug-24 |
Whether a state may ban large-capacity magazines consistent with the Second Amendment. |
Distributed for conference 24-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. |
Motion for leave to proceed IFP denied 27-Jan-25 |
Petitions Disposed
|
Case |
Ct. Below |
Pet. Filed |
Implicated Law/Issue |
Status |
|
(24-6211) |
5th Cir. |
26-Dec-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 27-Jan-25 |
|
(24-6197) |
9th Cir. |
20-Dec-24 |
Whether 18 U.S.C. § 922(a)(6), which prohibits making a false statement on an ATF gun purchase form, regulates the purchase of firearms and implicates the Second |
Cert Denied 27-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." |
Mandamus Denied 27-Jan-25 |
|
(24-5786) |
4th Cir. |
15-Oct-24 |
Facial Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 21-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. |
Cert Denied 13-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. |
Cert Denied 13-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. |
Cert Denied 13-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. |
Cert Denied 13-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 |
Cert Denied 13-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. |
Cert Denied 13-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. |
Cert Denied 13-Jan-25 |
|
(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. |
Granted, vacated, and remanded post-Rahimi 13-Jan-25 |
|
(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. |
Cert Denied 13-Jan-25 |
|
(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. |
Cert Denied 13-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). |
Cert Denied 13-Jan-25 |
|
NYPD Headquarters, License Div. (24-5854) |
N.Y. Ct. App. |
22-Aug-24 |
Second Amendment challenge to denial of concealed carry license. |
Cert Denied 13-Jan-25 |
|
(24-5194) |
5th Cir. |
26-July-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 13-Jan-25 |
|
(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 |