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SCOTUS Gun Watch 9/30/2026

  • Date:
  • September 30, 2026

Cert Updates 

The October 2026 Term of the U.S. Supreme Court officially begins on Monday, October 5 (by law, the Term begins the first Monday in October). But the Court’s work has begun in earnest. On Monday this week, the Court held its Long Conference, at which the justices met to consider the roughly 2,000 petitions for review that built up since the summer recess began at the end of June. The Long Conference is the unofficial start to the new term. As we noted last week, the Justices were slated to discuss 57 firearms-related cases. See the full list of cases below.

Grants.  The Court granted cert in Viramontes and Grant, two of the pending assault-weapons ban cases. Viramontes is on appeal out of the U.S. Court of Appeals for the Seventh Circuit, and Grant on appeal from the Second Circuit. Interestingly, the Court granted cert on only the question presented in Viramontes, which inquires: “Whether the Second and Fourteenth Amendments guarantee the right to possess AR-15 platform and similar semiautomatic rifles.” Here’s our recent summary of the issues at play.

New Petitions. The Court received nine new cert petitions on firearms law issues in the last week. They are: six challenges to the 922(g)(1) (federal felon-in-possession ban) and one to a state equivalent, one to 18 U.S.C. § 922(n), and one to 922(g)(5) (restrictions on possession by immigrants).

Upcoming Conferences. The Court’s next conference is scheduled for next Monday, September 28th, right before OT2026 formally begins. At that conference, the Justices presently plan to discuss 57 firearms-related cases:

  • 39 of which challenge the federal felon-in-possession ban or a state equivalent on Second Amendment grounds,
  • 3 regarding the constitutional protection of machine guns,
  • 3 to the federal law banning possession by addicts and unlawful drug users (§ 922(g)(3)),
  • 1 to the federal ban on possession of firearms by aliens lawfully present in the United States (§ 922(g)(5)),
  • 1 to Washington state’s civil protection order statute,
  • 1 to Maryland’s sensitive places restrictions,
  • 1 to age restrictions (18-to-20-year-olds),
  • 1 commerce clause challenge to 922(g)(1),
  • 1 to shall issue licensing regimes,
  • 1 to interstate licensing reciprocity,
  • 1 arguing for a self-defense exception to person-based prohibitors,
  • 1 to ban on possession by domestic violence misdemeanants,
  • 1 challenging the federal ban on short-barreled shotguns,
  • 1 to military courts’ ability to impose firearms restrictions as part of court martial sentencing, and
  • 1 to New York’s prohibition on tasers and stun guns.

Additionally, the Court has listed 13 cases for discussion at the October 9th conference, eight of which are challenges to 922(g)(1), and three of which are 922(g)(3) cases.

As always, new additions are highlighted in green. Pink reflects cases that have been listed for an upcoming conference. Red means that the petition has been denied, and yellow means the petition has been granted. GVRs, or “grant, vacate, remand”, are colored in turquoise.

Pending Petitions – Listed for Conference in OT26

Case Name

Case Number

On Appeal From

Issue

Status

Mena v. United States

26-5422

CA8

Whether 18 U.S.C. § 922(g)(3)—which permanently prohibits all unlawful users of controlled substances and all drug addicts from possessing firearms, without any pre-deprivation process or individualized finding of dangerousness—is consistent with the Second Amendment’s text and this Court’s historical-tradition test established in New York State Rifle & Pistol Ass’n v. Bruen, United States v. Rahimi, and United States v. Hemani

Filed 8/25/2026

Listed for 9/28/2026 conference

Johnson v. Jacobson

26-255

CA8

1. Whether Americans must obtain a firearm license from each state to exercise their Second Amendment rights across the Nation.

2. Whether state firearm license reciprocity statutes that do not recognize firearm licenses issued by all other states are valid under N.Y. State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022).

Filed 8/24/2026

Listed for 9/28/2026 conference

Jund v. United States

26-5369

CA9

Whether 18 U.S.C. § 922(g)(1), which permanently bars firearm and ammunition possession by anyone convicted of a crime punishable by more than one year of imprisonment, is subject to as-applied challenges under the Second Amendment, and whether it may constitutionally be applied to a person whose predicate convictions involved no violence and no threat of violence

Filed 8/18/2026

Listed for 9/28/2026 conference

Joshua v. United States

26-5353

CA8

Whether 18 U.S.C. § 922(g)(3)—which permanently prohibits all unlawful users of controlled substances and all drug addicts from possessing firearms, without any pre-deprivation process or individualized finding of dangerousness—is consistent with the Second Amendment’s text and this Court’s historical-tradition test established in New York State Rifle & Pistol Ass’n v. Bruen, United States v. Rahimi, and United States v. Hemani

Filed 8/18/2026

Listed for 9/28/2026 conference

Pepple v. United States

26-5360

CA8

I.  Whether 18 U.S.C. § 922(g)(1) is constitutional in all its applications or subject to as-applied challenges?

II.  If as-applied challenges are prohibited, is 18 U.S.C. § 922(g)(1) facially invalid because it is substantially overbroad and violates the Due Process Clause?

Filed 8/17/2026

Listed for 9/28/2026 conference

Richardson v. United States

26-5357

CA8

I.  Whether 18 U.S.C. § 922(g)(1) is constitutional in all its applications or subject to as-applied challenges?

II.  If as-applied challenges are prohibited, is 18 U.S.C. § 922(g)(1) facially invalid because it is substantially overbroad and violates the Due Process Clause?

Filed 8/17/2026

Listed for 9/28/2026 conference

Cooper v. United States

26-5333

CA8

Whether 18 U.S.C. § 922(g)(1) (which prohibits any felon from possessing firearms) is facially unconstitutional under the Second Amendment

Filed 8/14/2026

Listed for 9/28/2026 conference

Licon v. United States

26-5326

CA5

Under Bruen’s first step, does an additional presumption of constitutionality exist for laws characterized as “shall-issue licensing regimes”?

Filed 8/13/2026

Listed for 9/28/2026 conference

Chuol v. United States

26-5310

CA8

Whether 18 U.S.C. § 922(g)(3)—which permanently prohibits all unlawful users of controlled substances and all drug addicts from possessing firearms, without any pre-deprivation process or individualized finding of dangerousness—is consistent with the Second Amendment’s text and this Court’s historical-tradition test established in New York State Rifle & Pistol Ass’n v. Bruen, United States v. Rahimi, and United States v. Hemani.

Filed 8/12/2026

Listed for 9/28/2026 conference

Anderson v. United States

26-5299

CA4

Whether 18 U.S.C. §922(g)(1) is a violation of the Second Amendment to the United States Constitution both facially and as applied to petitioner in view of the Supreme Court ruling in New York State Rifle & Pistol Association, Inc., v. Bruen

Filed 8/10/2026

Listed for 9/28/2026 conference

Chappell v. United States

26-5298

CA6

Whether 18 U.S.C. §922(g)(1), which permanently disarms every person convicted of a felony, is facially unconstitutional under the Second Amendment.

Filed 8/9/2026

Listed for 9/28/2026 conference

Fort v. United States

26-5386

CA1

Were Petitioner’s Second Amendment rights violated when the trial court granted the United States’s pretrial motion to preclude Petitioner from arguing self-defense at trial?

Filed 8/7/2026

Listed for 9/28/2026 conference

Riddle v. United States

26-5262

CA10

(1) Whether 18 U.S.C. § 922(g)(1) is consistent with the Second Amendment to the U.S. Constitution in all cases, or rather is susceptible to as-applied challenges under the Second Amendment; and

(2) Whether the Second Amendment prohibits the conviction of, and judgment against, Petitioner for a violation of 18 U.S.C. § 922(g)(1) given the nonviolent character of his prior predicate conviction

Filed 8/3/2026

Listed for 9/28/2026 conference

Prince v. United States

26-5228

CA7

Whether 18 U.S.C. § 922(g)(1) is facially constitutional under the Second Amendment and the Nation’s history and tradition of firearms regulation

Filed 7/31/2026

Listed for 9/28/2026 conference

Watson v. United States

26-162

CA7

Whether 18 U.S.C. § 922(g)(1), the federal statute that prohibits anyone who has been convicted of “a crime punishable by imprisonment for a term exceeding one year” from possessing a firearm, violates the Second Amendment as applied to Petitioner, whose prior felonies consist solely of nonviolent drug offenses.

Filed 7/31/2026

Listed for 9/28/2026 conference

Wilson v. United States

26-5198

CA5

First, whether the Fifth Circuit’s continued reliance on Hollis v. Lynch, 827 F.3d 436 (5th Cir. 2016) and refusal to require the government to prove a historical tradition of firearm regulation under this Court’s Second Amendment framework conflicts with N.Y. State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022)?

Second, should the Court hold this petition pending the outcome of Viramontes v. Cook County, No. 25-238 (U.S. Jun. 30, 2026), and Grant v. Higgins, No. 25-566 (U.S. Jun. 30, 2026), given lower courts’ determinations that for Second Amendment purposes, AR-15’s are indistinguishable from M16 machineguns?

Filed 7/29/2026

Listed for 9/28/2026 conference

Porter v. United States

26-5121

CA5

1. Whether an officer’s access of an automatic license plate reader database, which indiscriminately collects and stores personally identifying information and location history and allows for the access of such information retrospectively, constitutes a search for purposes of the Fourth Amendment.

2. Whether a firearm that is capable of automatic fire is an “Arm[]” within the meaning of the Second Amendment

Filed 7/15/2026

Listed for 9/28/2026 conference

Davis v. United States

26-5105

CA10

Whether Mr. Davis’s conviction under 18 U.S.C. § 922(g)(1) is unconstitutional under the Second Amendment on its face.

Filed 7/13/2026

Listed for 9/28/2026 conference

Vecera v. United States

26-5072

CA5

1) Does § 922(g)(1) violate the Second Amendment, facially or as applied to Vecera?

2) Does § 922(g)(1) exceed Congress’s powers under the Commerce Clause?

Filed 7/9/2026

Listed for 9/28/2026 conference

Calce v. City of New York

26-46

CA2

1. Whether a challenger to a ban on a type of arm must demonstrate that the arm is “in common use” to establish that the ban implicates the Second Amendment’s plain text.

2. Whether the challenged New York State and New York City bans on electronic arms such as tasers and stun guns implicate the Second Amendment’s plain text.

3. Whether the challenged New York State and New York City bans on electronic arms such as tasers and stun guns violate the right to keep and bear arms protected by the Second and Fourteenth Amendments.

Filed 7/7/2026

Listed for 9/28/2026 conference

Pearson v. United States

26-5058

CA5

1. Whether 18 U.S.C. § 922(g)(1) comports with the Second Amendment.

2. Whether Congress may criminalize intrastate firearm possession based solely on the firearm crossing state lines at some point before the defendant came to possess it.

3. Whether, under abuse-of-discretion review and absent a finding of harmlessness, a court of appeals must vacate and remand when the sentencing record suggests the district court impermissibly weighed a sentencing factor

Filed 7/6/2026

Listed for 9/28/2026 conference

Salas-Martinez v. Texas

26-5146

Texas Court of Criminal Appeals

Texas and at least eight other states have laws making it illegal (with very narrow exceptions) for citizens between the ages of eighteen and twenty to carry a handgun outside of the home, even when carried solely for personal protection. Did this Court’s opinion issued in New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022), invalidate Texas Penal Code section 46.02 and similar laws?

Filed 7/3/2026

Listed for 9/28/2026 conference

Swan v. United States

26-26

CA10

(1) Whether 18 U.S.C. §922(g)(1) is consistent with the Second Amendment to the U.S. Constitution in all cases, or rather is susceptible to as-applied challenges under the Second Amendment; and

(2) Whether the Second Amendment prohibits the conviction of, and judgment against, petitioner for violating 18 U.S.C. §922(g)(1) given the nonviolent character of his prior predicate convictions.

Filed 7/2/2026

Listed for 9/28/2026 conference

Shepherd v. United States

26-5018

CA5

Whether short-barreled shotguns are “arms” protected by the Second Amendment.

Filed 6/29/2026

Listed for 9/28/2026 conference

White v. United States

26-5006

CA2

Is 18 U.S.C. § 922(g)(1) susceptible to an as-applied challenge under the Second Amendment where it results in disarming an American citizen acting in self-defense due to a years-old predicate conviction?

Filed 6/29/2026

Listed for 9/28/2026 conference

Cisneros v. United States

26-5004

CA10

Whether 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms or ammunition, violates the Second Amendment—either on its face or as applied to the Petitioner.

Filed 6/26/2026

Listed for 9/28/2026 conference

Williams v. United States

25-7690

CA2

Whether 18 U.S.C. § 922(g)(1) is unconstitutional on its face or as applied to petitioner because, consistent with the Second Amendment, the federal government may not permanently disarm citizens whose prior felony convictions were for nonviolent offenses only

Filed 6/24/2026

Listed for 9/28/2026 conference

Gaddy v. United States

25-7678

CA8

Whether, as the Eighth Circuit held, 18 U.S.C. § 922(g)(1) (which prohibits any felon from possessing firearms) is invariably constitutional both facially and as applied to any defendant, no matter the case-specific circumstances?

Filed 6/24/2026

Listed for 9/28/2026 conference

Garrett v. United States

25-7677

CA8

Whether, as the Eighth Circuit held, 18 U.S.C. § 922(g)(1) (which prohibits any felon from possessing firearms) is invariably constitutional both facially and as applied to any defendant, no matter the case-specific circumstances?

Filed 6/24/2026

Listed for 9/28/2026 conference

Price v. United States

25-7685

CA8

1. Whether a criminal defendant may raise an as-applied Second Amendment challenge to 18 U.S.C. § 922(g)(1).

2. Whether 18 U.S.C. § 922(g)(1)’s lifetime ban on firearm possession for all individuals previously convicted of any felony offense is an unconstitutional infringement of the right to keep and bear arms guaranteed by the Second Amendment

Filed 6/23/2026

Listed for 9/28/2026 conference

Bland v. United States

25-7676

CA4

Whether 18 U.S.C. § 922(g)(1)’s lifetime ban on firearm possession for all individuals previously convicted of a felony violates the Second Amendment, either facially or as applied to the Petitioner.

Filed 6/22/2026

Listed for 9/28/2026 conference

Cerrillo v. United States

25-7663

CA5

I. Whether 18 U.S.C. §922(g)(1) comports with the Second Amendment?

II. Whether 18 U.S.C. §922(g) permits conviction for the possession of any firearm that has ever crossed state lines at any time in the indefinite past, and, if so, if it is facially unconstitutional?

Filed 6/22/2026

Listed for 9/28/2026 conference

Williamson v. United States

25-7661

 

CA5

1. Federal law bans the possession of firearms by anyone who has ever been convicted of a crime punishable by more than one year of imprisonment. 18 U.S.C. § 922(g)(1). What rule(s) should the lower courts apply when evaluating whether a prosecution or conviction under that statute is consistent with the Second Amendment to the Constitution?

2. Under the prevailing interpretation of the nexus-with-commerce element of 18 U.S.C. § 922(g)(1), a former felon possesses “in or affecting commerce” a firearm if the firearm was made in another state or country. Does Congress have the constitutional authority to enact such a law?

Filed 6/22/2026

Listed for 9/28/2026 conference

Butts v. United States

25-7665

CA9

Is 18 U.S.C. § 922(g)(1)’s categorical ban on the possession of firearms unconstitutional as applied to a non-violent defendant, who indisputably possessed firearms solely for hunting and sporting purposes?

Filed 6/17/2026

Listed for 9/28/2026 conference

Rubio-Castillo v. United States

25-7637

CA5

Whether 18 U.S.C. §922(g)(5)(B), which prohibits the possession of firearms by aliens lawfully present in the United States, comports with the Second Amendment.

Filed 6/15/26

Listed for 9/28/2026 conference

Finney v. United States

25-7601

CA4

Whether 18 U.S.C. § 922(g)(1)’s lifetime ban on firearm possession for all individuals previously convicted of a felony violates the Second Amendment, either facially or as applied to the Petitioner

Filed 6/10/26

Listed for 9/28/2026 conference

Jackson v. United States

25-7602

CA5

1. Does 18 U.S.C. § 922(g)(1)’s lifetime ban on the possession of firearms by all felons violate the Second Amendment on its face and as applied to Jackson?

2. Can Congress criminalize intrastate possession of a firearm solely because it crossed state lines at some point before it came into a person’s possession?

Filed 6/9/26

Listed for 9/28/2026 conference

Fleming v. Florida

25-7632

Fourth District Court of Appeal of Florida

Whether a statute banning convicted nonviolent felons from possessing a firearm violates the Second Amendment to the United States Constitution.

Filed 6/9/26

Listed for 9/28/2026 conference

Fisher v. United States

25-7652

CA4

Does a handgun or other bearable firearm that is capable of automatic fire qualify as an “arm” within the meaning of the Second Amendment under step one of the Bruen framework?

Filed 6/8/2026

Listed for 9/28/2026 conference

Jones v. United States

25-7607

CA2

Whether 18 U.S.C. § 922(g)(1) is unconstitutional on its face or as applied to Petitioner because, consistent with the Second Amendment, the federal government may not permanently disarm citizens whose prior felony convictions were for nonviolent offenses only

Filed 6/8/26

Listed for 9/28/2026 conference

Nunamaker v. United States

25-7571

CA10

1. Whether the Tenth Circuit’s open rejection of Bruen, in reliance upon its pre-Bruen precedent, is appropriate in light of the current circuit split.

2. What is the appropriate standard to be applied when courts consider whether a particular prior felony offense allows Congress to permanently disarm an individual under penalty of imprisonment?

Filed 6/8/2026

Listed for 9/28/2026 conference

Meyer v. United States

26-5027

CA11

(1) Whether after New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022) and United States v. Rahimi, 602 U.S. 680 (2024), a criminal defendant may raise an as-applied Second Amendment challenge to 18 U.S.C. § 922(g)(1).

(2) If so, whether under the Bruen/Rahimi methodology, the Second Amendment is unconstitutional as applied to a defendant like Petitioner with only non-violent priors

Filed 6/3/2026

Listed for 9/28/2026 conference

Rojo v. United States

25-7581

CA9

Whether 18 U.S.C. § 922(g)(1)’s categorical ban on the possession of firearms by felons is unconstitutional as applied to a defendant with non-violent predicate offenses underlying his conviction

Filed 6/3/2026

Listed for 9/28/2026 conference

Perez v. United States

25-7630

CA9

Whether 18 U.S.C. § 922(g)(1)’s categorical ban on the possession of firearms by felons is unconstitutional as applied to a defendant with non-violent predicate offenses underlying his conviction

Filed 6/2/26

Listed for 9/28/2026 conference

Landrum v. United States

25-7530

CA5

1. Does 18 U.S.C. § 922(g)(1) violate the Second Amendment on its face or as applied to Petitioner?

2. Does 18 U.S.C. § 922(g)(1) exceed Congress’s authority under the Commerce Clause on its face or as applied to Petitioner’s intrastate possession of a firearm?

Filed 6/2/2026

Listed for 9/28/2026 conference

 

Greene v. United States

26-5133

CA4

Whether 18 U.S.C. § 922(g)(1)’s lifetime ban on firearm possession for all individuals previously convicted of a felony violates the Second Amendment, either facially or as applied to the Petitioner

Filed 6/1/2026

Listed for 9/28/2026 conference

Rochon v. United States

26-5034

CA9

Does 18 U.S.C. § 922(g)(1), facially and as applied to Mr. Rochon, violate the Second Amendment?

Filed 5/28/2026

Listed for 9/28/2026 conference

Green v. United States

25-7508

CA9

(1) Whether courts may categorically reject Second Amendment as-applied challenges to 18 U.S.C. § 922(g)(1) based solely on felony status, or whether New York State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022), and United States v. Rahimi, 602 U.S. 680 (2024) require an individualized historical inquiry into whether the petitioner may be permanently disarmed.

(2) Whether 18 U.S.C. § 922(g)(1)’s commerce element is satisfied by the mere historical fact that a firearm or ammunition once crossed state lines, or whether the statute and the Commerce Clause require a meaningful, contemporary connection between the defendant’s possession and interstate commerce

Filed 5/23/2026

Listed for 9/28/2026 conference

Bynes v. Florida

25-7465

Fourth District Court of Appeal of Florida

Whether a statute imposing on all convicted felons a lifetime ban on possession of a firearm or ammunition with no individualized finding of dangerousness violates the Second Amendment?

Filed 5/14/26

Listed for 9/28/2026 conference

McCoy v. United States

25-7433

CA2

Is 18 U.S.C. § 922(g)(1) unconstitutional as applied to McCoy?

Filed 5/12/2026

Listed for 9/28/2026 conference

Mitchell v. United States

25-7302

CA8

(1) Whether 18 U.S.C. § 922(g)(1) is constitutional in all its applications or is it subject to as-applied challenges?

(2) If as-applied challenges are prohibited, is 18 U.S.C. § 922(g)(1) facially invalid because it violates the Due Process Clause and is substantially overbroad?

(3) Whether Stinson v. United States still accurately states the level of deference due to the Commentary of the Federal Sentencing Guidelines?

Filed 4/28/2026

Listed for 9/28/2026 conference

Minor v. United States

25-7656

 

CA1

Whether this court should grant the petition to determine whether the second amendment protects domestic violence misdemeanants from a lifetime ban on firearms where there has been no judicial finding of a credible threat to the safety of another.

Filed 4/27/2026

Listed for 9/28/2026 conference

United States v. Hembree

25-1219

CA5

Whether 18 U.S.C. 922(g)(1), the federal statute that prohibits the possession of a firearm by a person who has been convicted of a crime punishable by imprisonment for a term exceeding one year, violates the Second Amendment as applied to respondent.

Filed 4/24/2026

Listed for 9/28/2026 conference

Novotny v. Moore

25-1324

CA4

Whether Maryland’s numerous prohibitions on carrying firearms in many places frequented by the general public violate the Second and Fourteenth Amendments

Filed 4/15/2026

Listed for 9/28/2026 conference

Storey v. United States

25-7216

CA11

Does 18 U.S.C. § 922(g)(1) exceed Congress’s authority under the Commerce Clause, facially and as applied to Petitioner Samuel Storey’s intrastate possession?

Filed 4/2

Listed for 9/28/2026 conference

Myslow v. United States

25-1148

United States Court of Appeals for the Armed Forces

Whether military courts of criminal appeals have authority under 10 U.S.C. § 866(d)(2) to correct an unconstitutional firearms ban annotated after entry of judgment.

Filed 3/31

Listed for 9/28/2026 conference

Pestarino v. Pestarino

25-1249

Washington Supreme Court

Whether Washington’s civil protection order statute, which precludes the subject of such order from having firearms, violates the Second Amendment

(paraphrased)

Filed 1/6/2026

Listed for 9/28/2026 conference

Jefferson v. United States

26-5617

CA4

Whether 18 U.S.C. § 922(g)(1)’s lifetime ban on firearm possession for all individuals previously convicted of a felony violates the Second Amendment, either facially or as applied to the Petitioner

Filed 9/16/2026

Listed for 10/9/2026 conference

Tardieff v. United States

26-5565

CA5

Is the lifetime ban on possession of firearms by all felons, codified at 18 U.S.C. § 922(g)(1), plainly unconstitutional on its face under New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022), because it is permanent and applies to all persons convicted of felonies?

Filed 9/9/2026

Listed for 10/9/2026 conference

Quadell-Lee Gaines v. United States

26-303

CA8

Whether the identity of the sovereign that enacted a historical firearm regulation is part of Bruen’s “relevantly similar” inquiry, so that a federal firearm prohibition must be justified by a federal historical tradition rather than by the regulatory history of the colonies, the States, and their political subdivisions

Filed 9/3/2026

Listed for 10/9/2026 conference

 

Zapata v. United States

26-5488

CA8

Whether 18 U.S.C. § 922(g)(3), the federal statute that prohibits possession of firearms by a person who “is an unlawful user” of “any controlled substance,” violates the Second Amendment on its face

Filed 9/3/2026

Listed for 10/9/2026 conference

 

Higgins v. United States

26-5487

CA8

I.  Whether 18 U.S.C. § 922(g)(1) is constitutional in all its applications or subject to as-applied challenges?

II.  If as-applied challenges are prohibited, is 18 U.S.C. § 922(g)(1) facially invalid because it is substantially overbroad and violates the Due Process Clause?

Filed 9/3/2026

Listed for 10/9/2026 conference

 

Torgerson v. United States

26-5473

CA8

Whether 18 U.S.C. § 922(g)(3), the federal statute that prohibits possession of firearms by a person who “is an unlawful user” of “any controlled substance,” violates the Second Amendment on its face

Filed 9/2/2026

Listed for 10/9/2026 conference

Cook v. United States

26-5474

CA4

Whether 18 U.S.C. § 922(g)(1)’s lifetime ban on firearm possession for all individuals previously convicted of a felony violates the Second Amendment, either facially or as applied to the Petitioner

Filed 8/31/2026

Listed for 10/9/2026 conference

Johnson v. United States

26-270

CA10

Whether an individual whose sole predicate felony is a non-violent offense may bring an as applied Second Amendment challenge to § 922(g)(1)’s permanent dispossession of the right to keep and bear arms

Filed 8/27/2026

Listed for 10/9/2026 conference

Mabrey v. United States

26-5445

CA4

Whether 18 U.S.C. § 922(g)(1)’s lifetime ban on firearm possession for all individuals previously convicted of a felony violates the Second Amendment, either facially or as applied to the Petitioner.

Filed 8/26/2026

Listed for 10/9/2026 conference

Williams v. Illinois

26-5616

App. Ct. of Illinois, First Dist

Does New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1, 38 n.9 (2022), require courts to apply Bruen’s mandated two-step historical analysis to determine the constitutionality of criminal penalties related to a state’s “shall issue” concealed carry licensing regime?

Filed 8/18/2026

Listed for 10/9/2026 conference

Jones v. United States

26-5452

CA9

Whether the Ninth Circuit’s refusal to consider as-applied challenges to § 922(g)(1) violates this Court’s binding precedent

Filed 7/22/2026

Listed for 10/9/2026 conference

Ledvina v. United States

26-5025

CA8

1. Whether the Second Amendment precludes applying 18 U.S.C. § 922(g)(3)/the statute prohibiting the possession of firearms by unlawful users of controlled substances/ to the Petitioner and a conviction under 18 U.S.C. § 924(a)(1)(A), the statute criminalizing false representations with respect to information required to be kept in the records of a firearms dealer, for falsely representing that Petitioner was not an unlawful user.

2. Whether the term "unlawful user" is unconstitutionally vague.

3. Whether the court of appeals erred by deciding the constitutional issues without passing on the nonconstitutional issues

Filed 7/17/2026

Listed for 10/9/2026 conference

Nuno-Lopez v. United States

26-5520

CA10

Does 18 U.S.C. § 922(g)(1) violate the Second Amendment on its face or as applied to Mr. Nuño-Lopez?

Filed 6/2/2026

Listed for 10/9/2026 conference

 

Pending Petitions

Case Name

Case Number

On Appeal From

Issue

Status

Ball v. United States

26-5687

CA2

Whether 18 U.S.C. § 922(g)(1) violates the Second Amendment, either on its face or as applied

Filed 9/23/2026

Foster v. United States

26-5672

CA2

Whether 18 U.S.C. § 922(g)(1) violates the Second Amendment on its face or as applied to Petitioner because the federal government may not permanently disarm citizens whose prior felony convictions were for nonviolent offenses only

Filed 9/22/2026

Hunter v. United States

26-5673

CA5

 3. Does Petitioner Kelsey Dwayne Hunter’s 18 U.S.C. § 922(g)(1) conviction violate the Second Amendment?

4. May Congress criminalize intrastate firearm possession based solely on the fact that the firearm crossed state lines at some point before the defendant possessed it?

Filed 9/21/2026

Barge v. United States

26-5688

CA7

Whether 18 U.S.C. § 922(g)(1), the federal statute that prohibits anyone who has been convicted of “a crime punishable by imprisonment for a term exceeding one year” from possessing a firearm, violates the Second Amendment as applied to Petitioner, based solely on a decade old nonviolent drug distribution conviction

Filed 9/21/2026

Nolan v. United States

26-5690

CA4

1. Whether 18 U.S.C. § 922(g)(1)’s lifetime ban on firearm possession for all individuals previously convicted of a felony violates the Second Amendment as applied to the Petitioner.

2. Whether 18 U.S.C. § 922(g)(1), which prohibits the possession of any firearm that has, at some point, travelled in interstate commerce, exceeds Congress’s power under the Commerce Clause of the Constitution

Filed 9/21/2026

Gavalo v. United States

26-5635

CA2

Whether 18 U.S.C. § 922(g)(1) is unconstitutional because, consistent with the Second Amendment, the federal government may not permanently disarm citizens simply for incurring a felony conviction

Filed 9/17/2026

Trevino v. United States

26-5629

CA10

Whether 18 U.S.C. § 922(n)’s prohibition on the receipt of firearms and ammunition while under indictment violates the Second Amendment

Filed 9/17/2026

Rebollar-Osorio v. United States

26-5646

CA1

A federal statute prohibits an “alien” who is “illegally or unlawfully in the United States” from possessing any firearm or ammunition.  18 U.S.C. § 922(g)(5)(A).  The Petitioner is an undocumented Mexican citizen who came to the United States as a child and has lived in Maine for over a decade.  During a traffic stop for speeding, police discovered a firearm and ammunition in the vehicle he was driving.  The question presented is whether 18 U.S.C. § 922(g)(5)(A) may be enforced against Petitioner consistent with the Second Amendment

Filed 9/17/2026

Christian, et al. v. James

26-374

CA2

1. Whether New York’s ban on the possession of firearms in public parks violates the Second and Fourteenth Amendments.

2. Whether the Second Circuit erred in rejecting Petitioners’ challenge to New York’s undifferentiated ban on possession of firearms in public parks based on a conclusion that history would support banning possession of firearms in urban parks. 

3. Whether the Second Circuit erred in holding that firearms laws from the latter half of the 19th century can establish a tradition of regulation limiting the scope of the right to keep and bear arms in the absence of historical support from the Founding era

Filed 9/16/2026

Colie v. Virginia

26-321

Supreme Court of Virginia

1. Restriction of a criminal legal defense violates due process if it “offends some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental.” Kahler v. Kansas, 589 U.S. 271, 279 (2020) (quoting Leland v. Oregon, 343 U.S. 790, 798 (1952)). Does the right to self-defense meet that test, by virtue of Justice Scalia’s extensively-catalogued recognition of self-defense as an “inherent,” “ancient” and “common law” right in District of Columbia v. Heller, 554 U.S. 570 (2008), and subsequent cases? If so, did the Virginia courts violate due process by effectively stopping Mr. Colie’s jury from considering self-defense, when deliberating on the only remaining allegation against him: unlawful discharge of a firearm? (After acquitting Mr. Colie of all other criminal charges on the basis of bona fide self-defense?)

2. United States v. Powell, 469 U.S. 57 (1984), holds that a conviction shall not be disturbed merely because it is inconsistent with an acquittal on a related count, because the inconsistency may result from mistake, compromise, or lenity from the jury. However, Footnote 8 of that opinion reserved whether the same tolerance applies where two verdicts are not merely inconsistent but logically exclusive. Id. at 69 n.8. Here, the jury acquitted Mr. Colie of every criminal allegation arising from his single act of firing his firearm, but for one: unlawful discharge of the ii firearm. But the jury’s numerous acquittals here are clearly explained by self-defense rather than mistake, compromise, or lenity. Does due process require vacatur of the sole conviction, consistent with Powell’s Footnote 8 exception, where the jury’s verdicts as a whole rationally convey that they found the act legally justified by self-defense, foreclosing lawful conviction?

Filed 9/8/2026

Kelly v. United States

26-5524

CA5

1. Whether this Court should grant, vacate, and remand for reconsideration because of an intervening circuit decision that may invalidate precedent on which the panel opinion below relies.

2. Whether 18 U.S.C. § 922(g)(1) comports with the Second Amendment.

3. Whether Congress may criminalize intrastate firearm possession based solely on the firearm crossing state lines at some point before the defendant came to possess it

Filed 9/8/2026

Holloway v. Brown

26-300

Supreme Court of Washington

 

 

Does the State of Washington’s total ban on the possession of a firearm following a second misdemeanor conviction within seven years for driving under the influence violate the Second Amendment?

Filed 9/2/2026

Thomas v. United States

26-5494

CA5

1. Whether 18 U.S.C. § 922(g)(1) comports with the Second Amendment.

2. Whether Congress may criminalize intrastate possession of ammunition based solely on the ammunition crossing state lines at some point before the defendant came to possess it.

3. Whether at a minimum this Court should grant, vacate, and remand for reconsideration because of an intervening circuit decision that may invalidate precedent on which the panel opinion below relies

Filed 8/27/2026

Peguero v. New York

26-5682

Appellate Division, Sup. Ct. of New York, First Judicial Dep’t

Does the Second Amendment bar criminal prosecution for unlicensed-firearm possession where the defendant was subject to an unconstitutional firearms-licensing law and there were otherwise no lawful bases for disarming the defendant?

Filed 8/26/2026

Walker v. United States

26-5483

CA9

1. Whether a court may reject a Second Amendment claim involving conduct covered by the Amendment's plain text without first requiring the Government to rebut the presumption that the challenged restriction is unconstitutional.

2. Whether a court may sua sponte dismiss a plausible Second Amendment claim at the pleading stage before requiring the Government to answer and carry its constitutional burden to overcome that presumption

Filed 8/10/2026

Jones v. United States

26-5472

CA11

Whether a jurisdictional element satisfied by a de minimis connection to interstate commerce, such as 18 U.S.C. § 922(g)’s requirement that a prohibited person possess a firearm “in or affecting commerce,” is sufficient to bring a purely local, non-economic criminal offense within Congress’ powers under the Commerce Clause

Filed 9/1/2026

Cervantes v. United States

26-5453

CA5

I. Whether 18 U.S.C. § 922(g) permits conviction for the possession of any firearm that has ever crossed state lines at any time in the indefinite past, and, if so, if it is facially unconstitutional?

II. Whether 18 U.S.C. § 922(g)(1) comports with the Second Amendment?

Filed 8/31/2026

Beckwith, et al. v. Frey

26-258

CA1

Whether forcing law-abiding citizens who have already passed a background check to wait out a multi-day cooling-off period before taking possession of a firearm violates the Second Amendment.

Filed 8/25/2026

Holman v. United States

26-5413

CA4

I. The Second Amendment guarantees all citizens the right to bear arms.  The circuits are divided, however, on whether 18 U.S.C. § 922(g)(1) runs afoul of that right by blanketly banning every convicted felon from possessing firearms.  The question presented here is whether 18 U.S.C. § 922(g)(1) is facially unconstitutional, and if so, when it can be applied constitutionally.

II. When applying the Guidelines, Stinson mandates deference to the Commentary.  But since this Court issued Kisor v. Wilkie, circuit courts have grappled with the level of deference required when interpreting and applying the Guidelines.  The question presented here is whether deference to the Guidelines Commentary is appropriate and, if so, under what circumstances?

Filed 8/24/2026

Morgan v. United States

26-5334

CA5

I. Whether 18 U.S.C. § 922(g)(1) comports with the Second Amendment?

II. Whether 18 U.S.C. § 922(g) permits conviction for the possession of any firearm that has ever crossed state lines at any time in the indefinite past, and, if so, if it is facially unconstitutional?

III. Whether at minimum this Court should grant, vacate, and remand for reconsideration because of an intervening circuit decision that may invalidate the Commerce Clause precedent on which the panel opinion below relies?

Filed 8/14/2026

Celestine v. United States

26-5311

CA5

1. Whether 18 U.S.C. § 922(g)(1)’s prohibition on mere firearm possession exceeds the scope of Congress’s power to regulate interstate and foreign commerce, both facially and applied to Mr. Celestine and, relatedly, whether this Court should revisit Scarborough v. United States, 431 U.S. 563, 575 (1977), in light of the Court’s more recent Commerce Clause precedent.

2. Whether § 922(g)(1) is unconstitutionally vague, either facially or as applied to Mr. Celestine, and, more fundamentally, whether a statute prohibiting conduct protected by the Second Amendment should be subject to facial or as-applied void-for-vagueness scrutiny.

3. Whether § 922(g)(1) is unconstitutional under the Second Amendment, either facially or as applied to Mr. Celestine

Filed 8/12/2026

White v. United States

26-5245

CA5

1. Whether 18 U.S.C. § 922(g)(1) comports with the Second Amendment.

2. Whether Congress may criminalize intrastate firearm possession based solely on the firearm crossing state lines at some point before the defendant came to possess it.

3. Whether at minimum this Court should grant, vacate, and remand for reconsideration because of an intervening circuit decision that may invalidate precedent on which the panel opinion below relies

Filed 8/3/2026

Ayala v. United States

26-5243

CA11

Whether 18 U.S.C. § 922(g)(1) exceeds Congress’s authority under the Commerce Clause, facially and as applied to intrastate firearm and ammunition possession?

Filed 8/3/2026

Taylor v. United States

26-5235

CA5

Whether 18 U.S.C. § 922(g)(1) comports with the Second Amendment?

Whether 18 U.S.C. § 922(g) permits conviction for the possession of any firearm that has ever crossed state lines at any time in the indefinite past, and, if so, if it is facially unconstitutional?

Filed 8/3/2026

Coleman v. United States

26-5221

CA11

Whether the Second and Fourteenth Amendments guarantee the right to possess an AR-15 platform semiautomatic rifle outfitted with a conversion device or a conversion device which allows an AR-15 platform semiautomatic rifle to shoot ten times with a single pull of the trigger?

Filed 7/31/2026

Antunez-Galarza v. United States

26-5188

CA11

Whether 18 U.S.C. § 922(g)(1) exceeds Congress’s authority under the Commerce Clause, facially and as applied to intrastate firearm possession?

Filed 7/24/2026

Stewart v. United States

26-5131

CA11

1. Whether 18 U.S.C. § 922(g)(1) exceeds Congress’s authority under the Commerce Clause, facially and as applied to intrastate firearm possession?

2. Whether 18 U.S.C. § 922(g)(1) is subject to as-applied challenges and violates the Second Amendment as applied to a defendant whose prior felony convictions are nonviolent?

Filed 7/20/2026

Burns v. United States

26-5143

CA5

1. Does 18 U.S.C. § 922(g)(1) violate the Second Amendment on its face?

2. Does 18 U.S.C. § 922(g)(1) exceed Congress’s authority under the Commerce Clause on its face or as applied to Petitioner’s intrastate possession of a firearm?

Filed 7/16/2026

Moore v. United States

26-5151

CA5

1. Does 18 U.S.C. § 922(g)(1) violate the Second Amendment on its face or as applied to Petitioner?

2. Does 18 U.S.C. § 922(g)(1) exceed Congress’s authority under the Commerce Clause on its face or as applied to Petitioner’s intrastate possession of a firearm?

Filed 7/21/2026

GVRs

OT26 entries forthcoming

 

 

 

 

OT 2026 Grants

Viramontes v. Cook County, Ill.

25-238

CA7

Whether the Second and Fourteenth Amendments guarantee the right to possess AR-15 platform and similar semiautomatic rifles.

Granted 6/30

 

Grant v. Higgins

25-566

CA2

Whether the Second and Fourteenth Amendments to the United States Constitution guarantee the right to possess semiautomatic rifles that are in common use for lawful purposes, including the most popular rifle in the country, the AR-15.

Granted 6/30

*Consolidated with Viramontes, granted only as to the question presented in Viramontes

 

Beaird v. United States

25-5343

CA5

(1) Whether 18 U.S.C. § 922(g)(1) comports with the Second Amendment;

(2) whether Stinson v. United States still accurately states the level of deference due to the Commentary of the Federal Sentencing Guidelines; and

(3) whether 18 U.S.C. § 922(g) permits conviction for the possession of any firearm that has ever crossed state lines at any time in the indefinite past, and, if so, if it is facially unconstitutional.

Granted 4/20 (only as to Question 2)

Additional Petitions We’re Watching

National Association for Gun Rights v. Lamont

25-421

CA2

Whether a ban on the possession of AR-15-style rifles and firearm magazines with a capacity in excess of ten rounds—both of which are possessed by millions of law-abiding Americans for lawful purposes—violates the

Second Amendment.

Filed 10/3/25

Listed for 6/29 Conference

 

Duncan v. Bonta

25-198

CA9

1. Whether a ban on the possession of exceedingly common ammunition feeding devices violates the Second Amendment.

2. Whether a law dispossessing citizens, without compensation, of property that they lawfully acquired and long possessed without incident violates the Takings Clause

Filed 5/20/25

Listed for 6/29 Conference

 

 

Gator’s Custom Guns Inc. v. Washington

25-153

Supreme Court of Washington

Whether ammunition feeding devices with the capacity to hold more than ten rounds are “Arms” presumptively entitled to constitutional protection under the plain text of the Second Amendment.

Filed 8/6/25

Listed for 6/29 Conference

 

OT 2026 Denials

OT26 entries forthcoming

 

 

 

 

Voluntary Dismissals

OT26 entries forthcoming