Duke Center for Firearms Law
Duke Law logo

Supreme Court

SCOTUS Gun Watch – Week of 6/14/21

Posted by on June 14, 2021

Two weeks from this Friday, we’ll get the opening brief in Corlett. That brief will tell us a lot about how the petitioners are construing the Court’s limitation of the question presented and what arguments they believe are the strongest in their favor. Libertarian Party of Erie County, challenging New York’s pistol permit regime, also […]

SCOTUS Gun Watch – Week of 6/7/21

Posted by on June 7, 2021

One big news item on the Second Amendment-in-the-courts front is the district court opinion last Friday striking down California’s assault weapons ban in Miller v. Bonta. It’s not hard to see that case ending up before the Supreme Court. It’s the first federal judicial opinion striking down one of these laws, expressly disagreeing with the […]

SCOTUS Gun Watch – Week of 6/1/21

Posted by on June 1, 2021

This past week brought two new Second Amendment cert petitions to the Supreme Court’s docket: Young v. Hawaii and Weber v. Ohio. We’ve discussed Young at length on this blog; it concerns the constitutionality of Hawaii’s open carry restrictions. In many ways, Young is the flipside of Corlett because the latter (especially as limited by […]

Torres v. Madrid: Debating History, Tradition, and Long Distance Seizures

Posted by on May 26, 2021

A few months ago, the Supreme Court decided an important Fourth Amendment case, Torres v. Madrid. The case struck me for its discussion of guns—and how they may require a reappraisal of traditional rules of criminal procedure (namely, what constitutes a seizure). But though I read it for the gun angle, the case offered much […]

SCOTUS Gun Watch – Week of 5/24/21

Posted by on May 24, 2021

As I wrote about last week, the Supreme Court’s recent decision in Caniglia v. Strom (a Fourth Amendment gun case we were watching) may give some insight into how the Court could reason through Corlett. The opening briefs in Corlett are due in less than 6 weeks, and this summer promises to be fuel lots […]

Cars, Homes & Emergencies: Implications from Caniglia for Gun Laws

Posted by on May 21, 2021

Earlier this week, the Supreme Court issued a unanimous decision in Caniglia v. Strom. At issue in the case was whether police could enter a home and search and seize items without a warrant when conducting “community caretaking functions” (i.e., not traditional criminal investigation). The Court had held in 1973, in Cady v. Dombrowski, that […]

SCOTUS Gun Watch – Week of 5/17/21

Posted by on May 17, 2021

The Supreme Court is set to wrap up its current term in the next few weeks, with several major opinions left to issue on a wide range of issues. Next year at this time, we will likely be starting the countdown for a decision in Corlett. For now, we wait for the briefing to start […]

SCOTUS Gun Watch – Week of 5/10/21

Posted by on May 10, 2021

Other than the new ANJRP petition challenging New Jersey’s prohibition of high-capacity magazines, it has been fairly quiet since the Court granted Corlett. The parties recently requested an extension of time for the briefing in Corlett, with the opening brief due on July 2 and the response brief due August 23. It will certainly be […]

SCOTUS Gun Watch – Week of 5/3/21

Posted by on May 3, 2021

With the Supreme Court’s decision last week to hear Corlett  next Term, I suspect that we will not get a whole lot more action on Second Amendment cases before that case gets resolved. There might be some indication about what the justices think of the scope of the case by the cert petitions they choose […]

New York State Rifle & Pistol v. Corlett: The Basics

Posted by on April 28, 2021

On Monday, the Supreme Court granted review in an important Second Amendment case, which sets it up to issue a major decision on the topic for the first time in more than a decade. Below are some answers common questions about the case. What’s the case about? The case–New York State Rifle & Pistol Association […]