SCOTUS Gun Watch, Episode 8

This post-NYSRPA week saw some more action at the Court. No new grants or orders in NYSRPA—though it’s possible we may get more orders on Tuesday this week. But the Supreme Court did deny cert in two pending petitions on the chart below, one of which was surprising to me. In that case, Medina v. Barr, the challenger claimed that the felon firearm prohibition—922(g)(1)—was applied unconstitutionally in his case because his conviction was old and for a non-violent offense. The D.C. Circuit had rejected the claim. But not only had the Court rejected the claim, it rejected even the idea that typical felons could mount as-applied challenges to 922(g)(1), something several courts of appeals have permitted or assumed could be brought. What’s surprising is that the Court did not hold Medina pending its determination in NYSRPA in the same way it has apparently been holding the first six cases below. As I noted on Twitter, perhaps the Court decided something about NYSRPA in its conference last Friday that means it would make little sense to hold any new cases. We’ll likely soon see.

The new petition, in Wilson v. Cook County, challenges a local assault weapons and high-capacity magazine ban. What’s interesting about that case (beyond the substance) is that the challengers actually raise as a question presented the issue about the proper methodology for resolving Second Amendment claims.

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 Cert Denied
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 reply due @ 18-Dec-19
Medina v. Barr D.C. Cir. 30-Aug-19 Ban on felon possession under 922(g)(1) (as applied) Cert Denied
Worman v. Healey 1st Cir. 23-Sep-19 Ban on assault weapons and high-capacity magazines reply due @ 20-Dec-19
Malpasso v. Pallozzi 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 Cert Denied
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 30-Dec-19
Baker v. City of Trenton, MI 6th Cir. 26-Nov-19 Reasonableness of warrantless search in light of the Second Amendment resp. due 2-Jan-20
Wilson v. Cook County, IL 7th Circ. 27-Nov-19 Assault weapons and high-capacity magazine ban resp. due 2-Jan-20