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SCOTUS Gun Watch – Week of 6/13/22

Posted by on June 13, 2022

In its orders last week, the Court denied cert in the McCloskey’s Second Amendment challenge to their state bar discipline. There’s also one new cert petition based on a license revocation in D.C. Petitions Pending Case Ct. Below Pet. Filed Implicated Law/Issue Status New York State Rifle & Pistol Association v. Bruen (20-843) 2d Cir. […]

SCOTUS Gun Watch – Week of 6/6/22

Posted by on June 6, 2022

We’re down to the last few weeks of SCOTUS opinions and awaiting Bruen any day. The Court has 4 cases it is holding pending Bruen as well, so we will likely see what happens to those soon as well—either the Court takes one or all of them up for plenary review or sends them all […]

SCOTUS Gun Watch – Week of 5/30/22

Posted by on May 30, 2022

At its conference last week, the Supreme Court considered whether to hear Duncan, another challenge to a ban on magazines holding more than 10 rounds. The Court will release orders tomorrow from that conference, but I suspect the case will be held like the similar challenge in ANJRPC. And, since the Court didn’t act on […]

Shinn, Jimenez-Shilon, and the Hierarchy of Rights  

Posted by on May 26, 2022

Earlier this week, in United States v. Jimenez-Shilon, the Eleventh Circuit rejected a Second Amendment challenge to the federal law barring undocumented immigrants from possessing firearms. Dru Stevenson will be guest posting about the case on this blog. But I want to highlight a few aspects of Judge Newsom’s majority and separate concurring opinions—and compare […]

SCOTUS Gun Watch – Week of 5/23/22

Posted by on May 23, 2022

At conference last week, the Court considered the cert petition in Bianchi, challenging Maryland’s assault weapons ban. Today’s order list has no mention of the case, which signals the Court is likely holding the case pending the outcome in Bruen. This marks the second case in the category of “what arms are protected” (along with ANJRP) that […]

SCOTUS Gun Watch – Week of 5/16/22

Posted by on May 16, 2022

There weren’t any new cert petitions filed this past week, but in its order list this morning, the Court denied cert in the Cassidy and Turner cases. Petitions Pending Case Ct. Below Pet. Filed Implicated Law/Issue Status New York State Rifle & Pistol Association v. Bruen (20-843) 2d Cir. 17-Dec-20 Challenge to New York’s good […]

SCOTUS Gun Watch – Week of 5/9/22

Posted by on May 9, 2022

Another week with no new relevant cert petitions filed. The Cassidy case—challenging the MA requirement of a permit for home firearm possession—goes to conference this Thursday along with Turner, which challenges trial questioning about firearms. Both are probably unlikely grants, but Cassidy stands a greater chance than Turner, given that the respondents waived the right […]

Text, History, and Tradition: A Workable Test that Stays True to the Constitution

Posted by on May 4, 2022

Last week Professor Charles highlighted the burgeoning legal controversies involving “ghost guns” (homemade firearms that have no serial numbers) to illustrate what he perceives to be problems with a judicial test based on text, history, and tradition (THT). As an advocate of the THT Test, I offered a response, which Professor Charles graciously accepted. I […]

SCOTUS Gun Watch – Week of 5/2/22

Posted by on May 2, 2022

No new cert petitions this week. But during this next month, we’ll see several responses filed in major cases, including GOA and Morin (in which the Court called for a response, indicating at least some interest among the justices). We are expecting Bruen to come down any day now, since it’s the last case argued […]

SCOTUS Gun Watch – Week of 4/25/22

Posted by on April 25, 2022

No new cert petitions filed this week. The Court had scheduled Morin v. Lyver for conference last Friday, but then asked for a response, which is due May 12. We’re also still waiting for something to happen with Aposhian. Other than that, two pending case have been scheduled for conference and we await Bruen any day […]

SCOTUS Gun Watch – Week of 4/18/22

Posted by on April 18, 2022

Just one new firearms-law petition that’s really only tangentially related, and is likely to go nowhere. In Turner v. Brannon-Dortch, the petitioner asks the Court to decide whether “a defendant who legally possesses a firearm for the purpose of self-defense can, consistent with the second amendment, be accused in his criminal murder trial of illegally […]

SCOTUS Gun Watch – Week of 4/11/22

Posted by on April 11, 2022

No new petitions this week, and the Court didn’t hold a conference last week, so no new orders list. Aposhian is still lingering in a strange limbo. A couple of the cases have had some pretty significant cert-stage amicus action, including Bianchi, Duncan, and GOA, with each of those cases garnering multiple amici plus an […]

Does the Threat of Tort Liability Unduly Burden the Right to Bear Arms?

Posted by on April 6, 2022

When it passed the Protection of Lawful Commerce in Arms Act (PLCAA) in 2005, Congress viewed the prospect of at least some forms of civil liability as a threat to the rights secured by the Second Amendment. In treating the right to keep and bear arms as one enjoyed by individuals and that would operate […]

Gun Rights, Property Rights, and Takings

Posted by on April 5, 2022

In recent years, some two dozen states have enacted laws requiring private property owners to allow employees, customers, and others to bring in guns or store them on their land and buildings. Variously known as “parking-lot laws” and “gun-at-work” laws, such regulations are a serious violation of property rights. In many cases, they may also […]

SCOTUS Gun Watch – Week of 4/4/22

Posted by on April 4, 2022

In its order list this morning, the Supreme Court denied cert in two pending firearms law cases—Marshall and Rodrigues. Neither were much of a surprise, but readers of this blog will remember that Marshall was a huge decision when the 4th Circuit struck down the federal law barring handgun purchases from federally licensed gun dealers […]

Essays from Privatizing the Gun Debate Conference

Posted by on April 1, 2022

On March 18th, the Center hosted a conference at the law school on Privatizing the Gun Debate. We were grateful to be joined by a dozen scholars, practitioners, and public officials to discuss the ways that firearms are increasingly being regulated outside legislative channels through actions like tort lawsuits and business policies. The keynote address was deliver […]

THT and Analogy

Posted by on March 30, 2022

On his Legal Theory blog, Larry Solum recently highly recommend a piece by Frederick Schauer & Barbara A. Spellman, Precedent and Similarity, forthcoming in T. Endicott, H. Kristjansson & S. Lewis (eds), Philosophical Foundations of Precedent (Oxford University Press). The piece describes a problem endemic in legal reasoning—the difficulty of establishing just what makes one […]

SCOTUS Gun Watch – Week of 3/28/22

Posted by on March 28, 2022

No new cert petitions this week, but the list of pending cases has grown. Aposhian was recently (and, to me, inexplicably) rescheduled for its ninth conference. Two cases that I think have a fairly low chance of cert grant are heading to conference this Friday (Marshall and Rodrigues) and briefly continues in several others. Petitions […]

SCOTUS Gun Watch – Week of 3/21/22

Posted by on March 21, 2022

One new petition this week: Cassidy v. Massachusetts, a pro se challenge to convictions for possessing firearms in the home without a permit. Petitions Pending Case Ct. Below Pet. Filed Implicated Law/Issue Status New York State Rifle & Pistol Association v. Bruen (20-843) 2d Cir. 17-Dec-20 Challenge to New York’s good cause public carry regime […]

SCOTUS Gun Watch – Week of 3/14/22

Posted by on March 14, 2022

This week, I added two new petitions. The first is new to the list but not a this-week update: Rodrigues v. County of Hawaii was filed in December, but the corrected petition was just uploaded on March 10, so it didn’t get on my radar sooner. It concerns (at least in the petitioner’s telling) how […]

Scholarship Highlight: Impact of Rehaif on 922(g) Prosecutions

Posted by on March 11, 2022

We’ve written a number of times about the Supreme Court’s 2019 decision in Rehaif v. United States and its aftermath. That decision requires the government to prove, in order to secure a conviction for unlawfully possessing firearms, that the defendant knew he belonged to the category of persons who is prohibited from possessing firearms. A […]

Wooden, ACCA, and Supreme Court Gun Crime Jurisprudence

Posted by on March 9, 2022

On Monday, the Supreme Court released its opinion in Wooden v. United States, ruling unanimously in favor of the criminal defendant. At issue in the case is the different-occasions provision in the Armed Career Criminal Act (ACCA), which imposes a mandatory minimum 15-years in prison when a person convicted of unlawfully possessing a firearm has […]

SCOTUS Gun Watch – Week of 3/7/22

Posted by on March 7, 2022

There’s a major new cert petition just filed: Duncan v. Bonta. As I’ve written on the blog, Duncan challenges California’s ban on magazines that hold more than 10 rounds of ammunition. (Two and a half years ago, when the district court opinion striking down the ban was first appealed, we called the case one to […]

SCOTUS Gun Watch – Week of 2/28/22

Posted by on February 28, 2022

In its order list on Tuesday, the Court denied cert in the Zaitzeff case. The Aposhian case had been scheduled yet again to go to conference last Friday, but was rescheduled another time. It has now been distributed for conference 6 times—the first in December 2021—only to be rescheduled just days before each time. It […]

Commonality Redux

Posted by on February 25, 2022

Many Second Amendment questions remained open after Heller. The Court clarified that the right to keep and bear arms guarantees a private, individual right to have a handgun at home for purposes like self-defense, but it left open a host of questions about where people can take their weapons, what weapons can be restricted, and […]

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