SCOTUS Gun Watch - Week of 5/5/25
Save for a shadow-docket oral argument in the birthright citizenship case scheduled for May 15, the Court is now done with arguments for the Fall 2024 Term and set to begin issuing decisions in argued cases in earnest. Decisions thus far have come almost exclusively in cases argued last fall. Smith & Wesson v. Mexico was argued in March, relatively late in the term. After an uneventful orders list this morning, the Court's next conference will take place on May 15.
On April 30, D.C. filed its response in Hanson v. District of Columbia—where the D.C. Circuit declined to preliminarily enjoin the district's large-capacity magazine ban. D.C. emphasizes that the circuit's decision was based on a "preliminary and untested record" and that circuit consensus on the constitutionality of LCM restrictions at the preliminary-injunction stage is "enough to deny certiorari." Hanson presents similar Second Amendment questions as the currently-pending petitions in Snope and Ocean State. Of the three cases, Snope remains the highest probability for a cert grant given more extensive factual development below.
In other news, on May 1 the federal government filed an amicus brief in Wolford v. Lopez asking the Supreme Court to grant cert to review the Ninth Circuit's decision upholding Hawaii's "novel default rule under which individuals may carry firearms on private property only if the owner provides express authorization." The circuit court earlier upheld the rule while relying on historical restrictions in New Jersey and Louisiana that prohibited gun carrying on private property and plantations without the owner's consent (by contrast, the court found that California's similar restriction "f[e]ll outside the historical tradition" because it too strictly limited how a private property owner might indicate permission to carry). Now, in a move that increases the chances of the Supreme Court taking the case for next term, the federal government argues that Hawaii's law effectively nullifies the right to carry arms and that the challenge "is an appropriate vehicle . . . for clarifying 'the principles underlying the Second Amendment.'”
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. |
Decided 26-Mar-25 |
|
(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 |
|
(24-7123) |
6th Cir. |
28-Apr-25 |
Second Amendment challenge to application of firearm enhancement under USSG § 2D1.1(b)(1) based on the presence of a firearm owned by someone other than the defendant. |
Response due 2-June-25 |
|
(24-7104) |
5th Cir. |
28-Apr-25 |
Second Amendment and Commerce Clause challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms. |
Response due 30-May-25 |
|
(24-7101) |
5th Cir. |
28-Apr-25 |
Second Amendment and Commerce Clause challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms. |
Response due 30-May-25 |
|
(24-7057) |
8th Cir. |
17-Apr-25 |
Facial and as-applied Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms, by a non-violent felon. |
Response due 22-May-25 |
|
(24-7053) |
5th Cir. |
16-Apr-25 |
Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms; whether such a challenge can succeed under plain-error review. |
Response due 22-May-25 |
|
(24-7051) |
5th Cir. |
15-Apr-25 |
Facial Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms. |
Response due 22-May-25 |
|
(24-7033) |
3d Cir. |
14-Apr-25 |
Can a court avoid addressing an as-applied challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms, when an individual possessed guns while on supervised release or some form of interim post-release supervision? |
Response due 19-May-25 |
|
(24-6996) |
5th Cir. |
8-Apr-25 |
Facial Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms. |
Response due 15-May-25 |
|
(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 4-June-25 |
|
(24-7011) |
1st Cir. |
31-Mar-25 |
Standard for appellate review of a Second Amendment claim raised |
Distributed for conference 15-May-25 |
|
(24-6936) |
8th Cir. |
31-Mar-25 |
Facial Second Amendment challenge to 18 U.S.C. § 922(g)(3), which prohibits unlawful drug users and addicts from possessing firearms. |
Response due 7-May-25 |
|
(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-May-25 |
|
(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-May-25 |
|
(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. |
Reply filed 2-May-25 |
|
(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-May-25 |
|
(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 19-May-25 |
|
(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 filed 25-Apr-25 |
|
(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. |
Distributed for conference 15-May-25 |
|
(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 filed 14-Apr-25 |
|
(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. |
Distributed for conference 15-May-25 |
|
(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. |
Distributed for conference 15-May-25 |
|
(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. |
Distributed for conference 15-May-25 |
|
(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 28-May-25 |
|
(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 27-May-25 |
|
(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 28-May-25 |
|
(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 filed 30-Apr-25 |
|
(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 28-May-25 |
|
(24-7075) |
11th Cir. |
22-Feb-25 |
Facial Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms. |
Response due 27-May-25 |
|
(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 |
|
(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 27-May-25 |
|
(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. |
Distributed for conference 15-May-25 |
|
(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. |
Distributed for conference 15-May-25 |
|
(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. |
Distributed for conference 15-May-25 |
|
(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. |
Distributed for conference 15-May-25 |
|
(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 28-May-25 |
|
(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 28-May-25 |
|
(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 28-May-25 |
|
(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 27-May-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 15-May-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 2-May-25 |
|
(24-131) |
1st Cir. |
2-Aug-24 |
Whether a state may ban large-capacity magazines consistent with the Second Amendment. |
Distributed for conference 2-May-25 |
Petitions Disposed
|
Case |
Ct. Below |
Pet. Filed |
Implicated Law/Issue |
Status |
|
(24-6984) |
District Court of Appeal of Florida |
7-Apr-25 |
Facial and as-applied Second Amendment challenge to state ban on possessing or carrying guns after conviction for a state-law felony offense, by a non-violent felon. |
Cert Denied 5-May-25 |
|
(24-6924) |
5th Cir. |
31-Mar-25 |
Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms, and to supervised release restrictions governing gun possession. |
Cert Denied 5-May-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. |
Cert Denied 28-Apr-25 |
|
(24-6879) |
5th Cir. |
24-Mar-25 |
Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms. |
Cert Denied 21-Apr-25 |
|
(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. |
Cert Denied 21-Apr-25 |
|
(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. |
Cert Denied 21-Apr-25 |
|
(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? |
Cert Denied 21-Apr-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. |
Cert Denied 21-Apr-25 |
|
(24-844) |
2d Cir. |
15-Jan-25 |
Application of Munsingwear vacatur after licenses were issued to plaintiffs challenging NYC's "moral character" requirement. |
Cert Denied 21-Apr-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. |
Cert Denied 21-Apr-25 |
|
(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 |
|
(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 |
|
(24-6738) |
11th Cir. |
4-Mar-25 |
Second Amendment challenge to sentencing enhancement for possessing a concealed firearm. |
Cert Denied 7-Apr-25 |
|
(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 |
|
(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 |
|
(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 |
|
(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 |
|
(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 |
|
(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 |
|
(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 |
|
(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 |
|
(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 |
|
(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 |
|
(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 |
|
(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 |
|
(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 |
|
(24-6507) |
11th Cir. |
31-Jan-25 |
Whether convicted felons have Second Amendment rights. |
Cert Denied 10-Mar-25 |
|
(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 |
|
(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 |
|
(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 |
|
(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 |
|
(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 |
|
(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 |
|
(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 |
|
(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 |
|
(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 |
|
(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 |
|
(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 |
|
(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 |
|
(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 Second Amendment challenge to 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms. |
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 |