blog/show

SCOTUS Gun Watch - Week of 4/7/25

The Court re-distributed Antonyuk—the New York post-Bruen sensitive places and licensing case—for last week's conference and denied cert this morning.  This development can be read as at least an implicit endorsement of the Second Circuit's observation that "[i]t would be incongruous to deem the right to keep and bear arms fully applicable to the States by Reconstruction standards but then define its scope and limitations exclusively by 1791 standards."  The circuit court also rejected the idea that "good moral character" requirements are inherently discretionary.  While the Court's cert denial itself is not all that surprising, the absence of any noted dissents is; especially because Justices Thomas and Alito earlier noted their view that New York's law raised "novel and serious questions."  The Court is now presented with another licensing case involving similar issues, as a cert petition in Wolford v. Lopez was filed last week. 

There is still no decision on the pending assault weapon and large-capacity magazine petitions (Snope and Ocean State).  The Court's March 26 decision in VanDerStok included some discussion of the ubiquity of semiautomatic firearms like AR-15s, in the context of whether AR-15 receivers might be classified as "machineguns" because they can be converted to function as fully-automatic receivers.  The majority rejected that argument, which was pressed by both the challengers and Justice Thomas in dissent, while also noting in passing that such firearms are "popular" and "commonly available."  Whether AR-15s are in "common use" for lawful purposes is a key issue in Snope and other AWB litigation. 

A number of 922(g)(1) petitions are also working their way up to the Court.  So far, the justices have either sent these petitions back for further review (when the lower court decision pre-dates Rahimi) or denied them—but generally only in cases where the defendant has a violent criminal history or where the constitutional challenge was not properly preserved below. 

 

Petitions Granted and Pending Argument

Case

Ct. Below

Pet. Filed

Implicated Law/Issue

Status

Bondi

v.

VanDerStok

(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.

Decided 26-Mar-25

Smith & Wesson

v.

Estados Unidos Mexicanos

(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. 

Argued 4-Mar-25

 

Petitions Pending

Case

Ct. Below

Pet. Filed

Implicated Law/Issue

Status

Wolford

v.

Lopez

(24-1046)

9th Cir.

1-Apr-25

Second Amendment challenge to Hawaii's default ban on carrying guns on private property open to the public without express permission; relevance of post-Reconstruction and late laws under Bruen

Response due 5-May-25

Trevino

v.

United States

(24-6924)

5th Cir.

31-Mar-25

Second Amendment and challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms, and to supervised release restrictions governing gun possession.

Response due 5-May-25

Faust

v.

United States

(24-6897)

8th Cir.

27-Mar-25

Whether 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms, is is invariably constitutional both facially and as applied.

Response due 30-Apr-25

Williams

v.

United States

(24-6892)

11th Cir.

26-Mar-25

Second Amendment and Commerce Clause challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms.

Response due 30-Apr-25

Linan

v.

United States

(24-6879)

5th Cir.

24-Mar-25

Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms.

Distributed for conference 17-Apr-25

Hunt

v.

United States

(24-6818)

4th Cir.

17-Mar-25

As-applied Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms, by defendant with prior conviction for breaking and entering. 

Response due 21-Apr-25

Castro

v.

United States

(24-6813)

5th Cir.

17-Mar-25

Second Amendment and Commerce Clause challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms.

Response due 21-Apr-25

Barber

v.

United States

(24-6789)

5th Cir.

15-Mar-25

Second Amendment and Commerce Clause challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms.

Response due 17-Apr-25

Lindsay

v.

United States

(24-6782)

8th Cir.

12-Mar-25

Whether 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms, is is invariably constitutional both facially and as applied.

Response due 16-Apr-25

Haynes

v.

United States

(24-6794)

5th Cir.

11-Mar-25

Facial Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms.

Response due 17-Apr-25

Washington

v.

United States

(24-6791)

5th Cir.

11-Mar-25

Facial Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms.

Response due 17-Apr-25

Anderson

v.

United States

(24-6788)

5th Cir.

11-Mar-25

Facial Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms.

Response due 17-Apr-25

Martinez

v.

United States

(24-6759)

5th Cir.

10-Mar-25

Facial Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms; the proper legal test for such a challenge.

Response due 12-May-25

Parker

v.

United States

(24-6755)

5th Cir.

10-Mar-25

Facial Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms; the proper legal test for such a challenge. 

Response due 12-May-25

Dominguez

v.

United States

(24-6772)

5th Cir.

7-Mar-25

Second Amendment and Commerce Clause challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms.

Response due 14-Apr-25

Moore

v.

United States

(24-968)

3d Cir.

7-Mar-25

Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms, as applied during a period of supervised release.

Response due 10-Apr-25 (motion to extend pending)

Sulu-Kerr

v.

Arizona

(24-6744)

Ct. of Appeals of Arizona

3-Mar-25

Application of the Second Amendment to purported self-defense using a vehicle as the weapon; whether a state may limit the availability of a self-defense justification when defining criminal offenses.  

Distributed for conference 17-Apr-25

Thompson

v.

United States

(24-6693)

5th Cir.

26-Feb-25

Facial and as-applied Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms.

Response due 5-May-25

Hanson

v.

Dist. of Columbia

(24-936)

D.C. Cir. 

26-Feb-25

Second Amendment challenge to D.C.'s ban on magazines capable of holding more than ten rounds of ammunition.

Response due 30-Apr-25

Anderson

v.

United States

(24-6666)

8th Cir.

24-Feb-25

Whether 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms, is subject to as-applied Second Amendment challenges.  

Response due 30-Apr-25

Stump

v.

United States

(24-6669)

4th Cir.

19-Feb-25

Second Amendment challenge to ban on possessing a firearm with an obliterated serial number; whether Bruen's step-one analysis excludes certain conduct based on the type of weapon involved. 

Response due 30-Apr-25

Diaz

v.

United States

(24-6625)

5th Cir.

18-Feb-25

Facial and as-applied Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms, by nonviolent felon. 

Response due 25-Apr-25

French

v.

United States

(24-6623)

5th Cir.

18-Feb-25

Facial Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms.

Response due 25-Apr-25

Pusey

v.

Florida

(24-6608)

District Ct. of Appeal of Florida

13-Feb-25

Second Amendment challenge to Florida's ban on possessing guns until age 24 for those with felony-equivalent juvenile adjudications.

Distributed for conference 17-Apr-25

Dial

v.

United States

(24-6569)

11th Cir.

12-Feb-25

Facial and as-applied Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms, by nonviolent felon. 

Response due 16-Apr-25

Jackson

v.

United States

(24-6517)

8th Cir.

3-Feb-25

Whether 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms, is subject to as-applied Second Amendment challenges.

Response due 11-Apr-25

Mitchell

v.

United States

(24-6516)

5th Cir.

3-Feb-25

Facial Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms.

Response due 11-Apr-25

Collette

v.

United States

(24-6497)

5th Cir.

3-Feb-25

Second Amendment and Commerce Clause challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms.

Response due 9-May-25

Doss

v.

United States

(24-6476)

8th Cir.

31-Jan-25

Whether 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms, is subject to as-applied Second Amendment challenges.

Response due 7-May-25

Nordvold

v.

United States

(24-6452)

8th Cir.

30-Jan-25

Whether 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms, is subject to as-applied Second Amendment challenges.

Response due 5-May-25

Missouri

v.

United States 

(24-796)

8th Cir. 

23-Jan-25

Scope of a state's Tenth Amendment authority to refuse to enforce federal statutes the state legislature believes are unconstitutional; whether courts may rely on the legislative reasons  for exercising such authority. 

Response due 11-Apr-25

Worth

v.

Jacobson

(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?

Distributed for conference 17-Apr-25

Wade

v.

University of Michigan

(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

Distributed for conference 17-Apr-25

Srour

v.

New York City

(24-844)

2d Cir.

15-Jan-25

Application of Munsingwear vacatur after licenses were issued to plaintiffs challenging NYC's "moral character" requirement.

Distributed for conference 17-Apr-25

Perez-Garcia

v.

United States

(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

Response due 16-Apr-25

Parker

v.

Florida

(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.

Distributed for conference 17-Apr-25

B&L Productions

v.

Newsom

(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. 

Reply filed 31-Mar-25

Snope

v.

Brown

(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 4-Apr-25

Ocean State Tactical, LLC

v.

Rhode Island

(24-131)

1st Cir.

2-Aug-24

Whether a state may ban large-capacity magazines consistent with the Second Amendment.

Distributed for conference 4-Apr-25

 

Petitions Disposed

Case

Ct. Below

Pet. Filed

Implicated Law/Issue

Status

Alexander

v.

United States

(24-6737)

5th Cir.

7-Mar-25

Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms; sentencing enhancement for a gun with a "large capacity magazine."

Cert Denied 7-Apr-25

Williams

v.

United States

(24-6729)

5th Cir.

6-Mar-25

As-applied Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms.

Cert Denied 7-Apr-25

Barnes

v.

United States

(24-6738)

11th Cir.

4-Mar-25

Second Amendment challenge to sentencing enhancement for possessing a concealed firearm.

Cert Denied 7-Apr-25

Reaves

v.

United States

(24-6487)

11th Cir.

3-Feb-25

Whether a person who was previously convicted of a felony is categorically excluded from the protections of the Second Amendment.

Cert Denied 7-Apr-25

Gray

v.

United States

(24-6451)

11th Cir.

30-Jan-25

Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms.

Granted, vacated, and remanded post-Rahimi 7-Apr-25

Antonyuk

v.

James

(24-795)

2d Cir. 

22-Jan-25

The proper historical time period for ascertaining the Second Amendment’s original meaning as applied to the states; Second Amendment challenge to “good moral character” requirement for concealed-carry licensing. 

Cert Denied 7-Apr-25

Walker

v.

United States

(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 Denied 31-Mar-25

Fuentes

v.

United States

(24-6713)

5th Cir. 

4-Mar-25

Commerce Clause challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms that have previously traveled in interstate commerce.

Cert Denied 31-Mar-25

Morrissette

v.

United States

(24-6415)

11th Cir.

27-Jan-25

Facial and as-applied 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 31-Mar-25

Price

v.

United States

(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.

Cert Denied 31-Mar-25

Washington

v.

United States

(24-6627)

11th Cir.

19-Feb-25

Whether a person who was previously convicted of a felony is categorically excluded from the protections of the Second Amendment.

Cert Denied 24-Mar-25

McCoy

v.

United States

(24-6606)

11th Cir.

19-Feb-25

Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms. 

Cert Denied 24-Mar-25

Martin

v.

United States

(24-6582)

5th Cir.

12-Feb-25

Facial Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms; magazine size threshold for applying sentencing enhancement based on possessing a gun that can accept a large-capacity magazine. 

Cert Denied 24-Mar-25

Flores

v.

United States

(24-6567)

5th Cir.

7-Feb-25

Application of sentencing enhancement for using or possessing a firearm in connection with another felony offense when guns and drugs are possessed simultaneously. 

Cert Denied 24-Mar-25

St. George

v.

Lengerich

(24-6313)

10th Cir.

12-Nov-24

Propriety of introducing evidence of gun possession not directly related to offense of conviction in a criminal case.

Cert Denied 24-Mar-25

Volz

v.

United States

(24-6506)

11th Cir.

4-Feb-25

Whether convicted felons have Second Amendment rights; whether 18 U.S.C. §§ 922(g)(1) and 924(a)(2) satisfy the Second Amendment in all applications.

Cert Denied 10-Mar-25

Lowe

v.

United States

(24-6507)

11th Cir.

31-Jan-25

Whether convicted felons have Second Amendment rights.

Cert Denied 10-Mar-25

Medina-Cantu

v.

United States

(24-6427)

5th Cir.

28-Jan-25

Second Amendment challenge to 18 U.S.C. § 922(g)(5), which prohibits "alien[s] . . . illegally or unlawfully in the United States" from possessing firearms.

Cert Denied 3-Mar-25

Womack

v.

United States

(24-6435)

5th Cir.

27-Jan-25

Second Amendment and Commerce Clause challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms.

Cert Denied 3-Mar-25

Meeks

v.

United States

(24-6416)

5th Cir.

27-Jan-25

Second Amendment and Commerce Clause challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms.

Cert Denied 24-Feb-25

Hayden

v.

United States

(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).

Cert Denied 24-Feb-25

Howard

v.

United States

(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.

Cert Denied 24-Feb-25

Hester

v.

United States

(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.

Cert Denied 24-Feb-25

Johnson

v.

United States

(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.

Cert Denied 24-Feb-25

Bitzas

v.

New Jersey

(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?

Cert Denied 24-Feb-25

The Gun Range, LLC

v.

City of Philadelphia

(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.

Cert Denied 24-Feb-25

Rambo

v.

United States

(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. 

Granted, vacated, and remanded post-Rahimi 24-Feb-25

Wilson

v.

United States

(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.

Cert Denied 24-Feb-25

Whitaker

v.

United States

(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. 

Granted, vacated, and remanded post-Rahimi 24-Feb-25

Bell

v.

United States

(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

Manney

v.

United States

(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
Amendment right, thus requiring full review under Bruen.

Cert Denied 27-Jan-25

In Re Martin Akerman

(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

Craig

v.

United States

(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

Gonzales

v. 

United States

(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

Pierce

v.

United States

(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

Holmes

v.

United States

(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

Townsel

v.

United States

(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

Garcia

v.

United States

(24-6064)

2d Cir.

26-Nov-24

Whether the imposition of a ban on gun possession as a standard term of supervised release violates
the Second Amendment. 

Cert Denied 13-Jan-25

Smith

v.

United States

(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

Young

v.

United States

(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

Dubois

v.

United States

(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

Maryland Shall Issue

v.

Moore

(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

Curry

v.

United States

(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

Gray

v.

Jennings

(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

Ward

v.

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

Purdy

v.

United States

(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

Wilson

v.

Hawaii

(23-7517)

Supreme Ct. of Hawaii

14-May-24

Whether Bruen governs when a state's criminal prosecution for
carrying a handgun without a license violates the Second Amendment.

Cert Denied 9-Dec-24; separate statement by Justice Thomas (joined by Justice Alito)

Moya

v.

United States

(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

Wilson

v.

United States

(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

McIntosh

v.

Washington

(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

Schieferle

v.

United States

(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

Durrah

v.

United States

(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

Oakland Tactical Supply

v.

Howell Township

(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

Langston

v.

United States

(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

Kerr

v.

United States

(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

In Re Gregory K. Clinton

(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

Trammell

v.

United States

(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

Mayfield

v.

United States

(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

Kirby

v.

United States

(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

Hoeft

v.

United States

(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

Canada

v.

United States

(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

Lindsey

v.

United States

(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

Jones

v.

United States

(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

Talbot

v.

United States

(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

Chavez

v.

United States

(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

Dorsey

v.

United States

(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

Rywelski

v.

Biden

(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

Argueta

v.

Jaradi

(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

Steward

v.

United States

(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

Pierre

v. 

United States

(24-37)

11th Cir.

10-July-24

Whether a criminal defendant may raise an as-applied Second Amendment challenge to 18 U.S.C. §
922(g)(1), which prohibits felons from possessing firearms.

Granted, vacated, and remanded post-Rahimi 21-Oct-24

Paris, Commissioner, Pennsylvania State Police

v. 

Lara

(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

Campos-Esqueda

v.

United States

(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

Sanchez

v.

United States

(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

McMillion

v.

United States

(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

Hildreth

v.

United States

(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

Yusupov

v.

United States

(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

Brown

v.

United States

(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

Deng

v.

United States

(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

Woods

v.

United States

(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

Whitney

v.

United States

(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

Gipson

v.

United States

(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

Rosado

v.

United States

(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

Tejada-Cruz

v.

United States

(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

Taylor

v.

United States

(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

Brillon

v.

United States

(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

Cassidy

v.

Massachusetts

(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

Massey

v.

United States

(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

Overman

v.

United States

(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

Baez

v.

United States

(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

Lovings

v.

United States

(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

Reese

v.

United States

(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

Jimenez

v.

United States

(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

Willis

v.

United States

(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

Vargas

v.

United States

(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

Bangash

v.

United States

(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

Paniagua

v.

United States

(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

Williams

v.

United States

(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

Hodges

v.

United States

(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

Young

v.

United States

(23-7670)

5th Cir.

4-June-24

Whether Rahimi impacts plain-error analysis for unpreserved Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms.

Cert Denied 7-Oct-24

Olivas

v.

United States

(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

Thomas

v.

United States

(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

Maryland Shall Issue

v.

Anne Arundel County

(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

Moore

v.

United States

(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

Farris

v.

United States

(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

Borne

v.

United States

(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

Doss

v.

United States

(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

Antonyuk

v.

James

(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

v.

City of Naperville

And related challenges to Illionois' PICA

(23-877; 23-878; 23-879; 23-880; 23-944)

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)

Cunningham

v.

United States

(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

Vincent

v.

Garland

(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

Jackson

v.

United States

(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

United States 

v. 

Perez-Gallan

(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

United States

v.

Daniels

(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

Garland

v. 

Range

(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

Hardin

v.

Garland, ATF, et al. 

(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

Guedes 

v.

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

Guardado

v.

Massachusetts

(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

United States

v.

Rahimi

(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