Duke Center for Firearms Law
Duke Law logo

Supreme Court

SCOTUS Gun Watch – Week of 4/12/21

Posted by on April 12, 2021

At its conference this Friday, the Supreme Court is going to consider whether to review a number of Second Amendment challenges, including as-applied challenges to the felon prohibitor. And it might consider Corlett again. After the Ninth Circuit’s public carry decision in Young a few weeks ago, there’s almost no doubt the Court is looking […]

SCOTUS Gun Watch – Week of 4/5/21

Posted by on April 5, 2021

The justices considered the public carry case NYSRPA v. Corlett at their conference last week for the second time. But again today’s order list brought more silence. The case might be pushed to another conference, indicating the justices are still considering granting review, or a decision may have been made to deny review but one or […]

Petitions Challenging the Federal Prohibitors & More Scholarship Skepticism

Posted by on April 2, 2021

At its conference two weeks from today, the Supreme Court is scheduled to consider whether to accept review in two as-applied challenges to the federal felon prohibitor. In Flick (which we’ve covered here and here), the Eleventh Circuit basically foreclosed as-applied challenges. In Holloway (which we’ve covered here and here), the Third Circuit—one of the […]

SCOTUS Gun Watch – Week of 3/29/21

Posted by on March 29, 2021

Last Wednesday, the Ninth Circuit issued its ruling in Young v. Hawaii, which upheld Hawaii’s permitting scheme requiring a person to prove a heightened need for self-defense in public to secure a permit to openly carry a handgun. At its conference last Friday, the Supreme Court considered the cert petition in New York State Rifle […]

En Banc Ninth Circuit Upholds Hawaii Public Carry Law

Posted by on March 26, 2021

Did the Ninth Circuit just limit the Second Amendment right to the home? That’s the first question I asked myself after reading the en banc decision in Young v. Hawaii, issued this past Wednesday. In a wide-ranging opinion spanning more than 100 pages, conservative George W. Bush appointed Judge Jay Bybee wrote for a 7-4 […]

Cert Petition Highlight: The Fundamentality of a Self-Defense Exception

Posted by on March 24, 2021

In a really interesting cert petition filed last week, the petitioner challenges a state court’s refusal to give a jury instruction on self-defense as violating federal law. In Keahey v. Marquis, this question involves the interplay between the Antiterrorism and Effective Death Penalty Act, which governs (among other things) arguments that a prisoner’s rights were […]

SCOTUS Gun Watch – Week of 3/22/21

Posted by on March 22, 2021

This morning, the Court denied cert in Knowles v. Hart, a Fourth Amendment challenge that questioned whether the presence of a weapon (which the challengers claimed was holstered) could justify deadly force. Although Knowles was not a Second Amendment case, we are always aiming to watch major gun cases, including ones that raise Fourth Amendment […]

SCOTUS Gun Watch – Week of 3/15/21

Posted by on March 15, 2021

Justice Barrett has been on the Supreme Court for coming up on five months, and the Court has yet to accept any Second Amendment cases for review. (It has denied review in at least three challenges directly raising Second Amendment issues.)  After Justice Kavanaugh took the bench in 2018, it took only about three months […]

SCOTUS Gun Watch – Week of 3/8/21

Posted by on March 8, 2021

Other than what’s happening in the state high courts and federal courts of appeals, I expect it to be fairly quiet in Second Amendment litigation for at least the next few weeks or so. The cases at the Supreme Court are awaiting final briefing and then conferencing. Petitions Pending Case Ct. Below Pet. Filed Implicated […]

Lange & The Implications for Second Amendment Challenges to the Felon Prohibitor

Posted by on March 3, 2021

Earlier this week, the Supreme Court heard oral arguments in a Fourth Amendment case, Lange v. California. The case concerns the Fourth Amendment’s “hot pursuit” exception to the ordinary warrant requirement for entry into a home. One of the key questions that split the various parties in the case was how and whether the difference […]