SCOTUS Gun Watch, Episode 5

Unlike last week, with the big news about the Court’s decision not to hear the Remington case arising from the shooting at Sandy Hook Elementary, this week was quieter. But we did get an unusual letter from the Solicitor General about NYSRPA. In that letter, filed on Friday afternoon, the SG informed the Court that, although it had previously taken no position on the mootness question, it had since determined that “[i]n the United States’ view, respondents have not established that this case is moot.” It offered to file a brief to that effect, which the Supreme Court accepted—asking for a letter brief in the next few hours. The SG obliged, arguing that the potential for prospective relief kept the case alive, but rejecting most of petitioners’ broader alternative theories that the case was not moot. [Update: I originally said the SG gave two reasons the case was not moot, but on closer read the SG really appears to argue just one core avenue, though he hedged a bit on other reasons the petitioners gave; ultimately, he rejected most of those.] The Court gave each of the parties opportunity to respond by Wednesday, November 20th at 2pm (just in time for the Thanksgiving holiday).

Here’s where the rest of the cases, mostly unchanged since last week, stand:

Case Ct. Below Pet. Filed Implicated Law/Issue Status
Mance v. Barr  5th Cir. 19-Nov-18 Federal ban on out-of-state handgun purchases distributed

12-Apr-19 conf.

Rogers v. Grewal  3rd Cir. 20-Dec-18 NJ “may issue” public carry regime distributed

23-May-19 conf.

Pena v. Horan  9th Cir. 28-Dec-18 California’s Unsafe Handgun Act (microstamping, etc.) distributed

12-Apr-19 conf.

Gould v. Lipson  1st Cir. 1-Apr-19 MA “may issue” public carry regime (as implemented locally) distributed

6-June-19 conf.

Cheeseman v. Polillo N.J. 28-June-19 NJ “may issue” public carry regime distributed

18-Oct-19 conf.

Ciolek v. New Jersey N.J. 18-July-19 NJ “may issue” public carry regime distributed

1-Oct-19 conf.

Daniel v. Armslist Wisc. 29-July-19 Scope of immunity for gun-broker website under Communications Decency Act distributed for

22-Nov-19 conf.

Remington Arms v. Soto Conn. 1-Aug-19 Scope of  gunmaker immunity under the Protection for Lawful Commerce in Arms Act Cert Denied
Guedes v. ATF D.C. Cir. 29-Aug-19 Ban on bump stocks resp. due 4-Dec-19
Medina v. Barr D.C. Cir. 30-Aug-19 Ban on felon possession under 922(g)(1) (as applied) reply due @ 18-Nov-19
Worman v. Healey 1st Cir. 23-Sep-19 Ban on assault weapons and high-capacity magazines resp. due 9-Dec-19
Malpasso v. Hamilton 4th Cir. 26-Sep-19 MD “may issue” public carry regime resp. due 18-Dec-19
Pennsylvania v. Hicks Penn. 27-Sep-19 How a firearm can factor into reasonable suspicion under the Fourth Amendment reply due @ 14-Nov-19
Culp v. Raoul 7th Cir. 10-Oct-19 IL refusal to grant carry permits to most non-residents resp. due 13-Jan-20
Matsura v. United States 9th Cir. 25-Oct-19 Unlawful possession of a firearm by a prohibited person resp. due 29-Nov-19