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SCOTUS Gun Watch – Week of 1/25/21

Posted by on January 25, 2021

It has been fairly quiet on the Second Amendment and guns front at the Supreme Court. I don’t see any new cert petitions in the last few weeks, and the ones currently pending still have at least a few weeks until the Court considers them at conference. They are relatively stacked, though, so it’s possible […]

SCOTUS Gun Watch – Week of 1/18/21

Posted by on January 18, 2021

None of the current gun cases pending before the Court are fully briefed, so it will be at least a few weeks before we get any confirmation about the Court’s willingness to take another Second Amendment challenge. But when that happens, the justices will have the chance to pick from either (1) one of a […]

SCOTUS Gun Watch – Week of 1/11/21

Posted by on January 11, 2021

The Court granted cert in two gun cases after its conference last Friday: United States v. Gary, in which the government is the petitioner, and Greer v. United States. Both concern the legal consequences from the Supreme Court’s 2019 decision in Rehaif clarifying that the government must prove a person knew about the status that […]

Cert Petition Highlight: Flick v. Rosen

Posted by on January 8, 2021

In addition to the several other Second Amendment challenges recently filed at the Supreme Court, a new one was filed in the last days of 2020 and just docketed earlier this week: Flick v. Rosen. Like a couple of the other petitions, Flick involves an as-applied challenge to the felon prohibitor. But unlike at least one of […]

SCOTUS Gun Watch – Week of 1/4/21

Posted by on January 4, 2021

As the new year begins, court-watchers will be following the Supreme Court closely as it fills out the rest of its docket for this term. Of the many cases on tap, there are a handful of Second Amendment challenges that will give us a chance to see how Justice Barrett’s presence on the Court has […]

Top 10 Posts of the Year

Posted by on December 30, 2020

2020 has certainly been a wild and unpredictable year. While that is obviously true in the wider world, it is also true in the Second Amendment context. This year saw the Supreme Court’s decision in the first argued Second Amendment case in a decade, and that decision gave no guidance on substance; the denial of […]

SCOTUS Gun Watch – Week of 12/28/20

Posted by on December 28, 2020

This week brings the docketing of another Second Amendment challenge, New York State Rifle & Pistol Association v. Corlett. In this next NYSRPA case, Paul Clement again represents the challengers. But this time, instead of a narrow challenge to an outlier city rule, it’s a much broader challenge to the state’s requirement that those seeking […]

SCOTUS Gun Watch – Week of 12/21/20

Posted by on December 21, 2020

Two new Second Amendment cert petitions have been docketed in the past week. The first is Mai v. United States. The case is an as-applied challenge to 922(g), but to its mental-health prohibitor, not the felon prohibitor. The case presents a fairly sympathetic plaintiff on a fairly sympathetic fact pattern, but it has lost in […]

Reading the Second Amendment SCOTUS Tea Leaves

Posted by on December 16, 2020

On Monday, the Supreme Court denied cert in Torres v. United States, the first case that presented a direct Second Amendment issue since Justice Amy Coney Barrett joined the Court. Torres raised the question of whether 18 U.S.C. § 922(g)(1)—which categorically forbids those with felony convictions from possessing firearms—can be challenged on an as-applied basis. […]

SCOTUS Gun Watch – Week of 12/14/20

Posted by on December 14, 2020

The big news out of last Friday’s conference is that the Court denied cert this morning in the Torres case. That was the first direct Second Amendment case to confront the new Court with Justice Barrett at full capacity. The issue was the same one on which she had written as a circuit judge in […]