SCOTUS Gun Watch - Week of 4/1/24
The government filed its response in Cunningham on March 29, a case which (like Jackson) involves that circuit's general rejection of as-applied challenges to the federal felon possession ban. The government's brief asks that the petition be held pending a decision in Rahimi. On March 25, a number of amicus briefs were filed in support of the petitioners in Antonyuk, a challenge to New York's concealed carry licensing system and sensitive-places restrictions. As some of these briefs note, the New York case could have major implications because a handful of other states have enacted similar laws post-Bruen.
The Court issued an orders list this morning. The Court did not dispose of the petition in Vincent v. Garland, making that case a likely candidate to be granted, vacated, and remanded after Rahimi. A number of cases on the tracker have been distributed for consideration at the Court's next conference on April 12 – most notably VanDerStok, an administrative-law challenge to ATF regulations targeting so-called ghost guns.
Petitions Granted and Argued or Pending Argument
|
Case |
Ct. Below |
Pet. Filed |
Implicated Law/Issue |
Status |
|
(22-976) |
5th Cir. |
6-Apr-2023 |
Whether a bump stock device constitutes a "machinegun" as defined by federal legislation, and whether ATF acted outside of its statutory authorization in subjecting bump stocks to heightened regulation under the NFA. |
|
|
(22-915) |
5th Cir. |
17-Mar-2023 |
Facial Second Amendment challenge to § 18 U.S.C. 922(g)(8), which prohibits those subject to certain domestic-violence restraining orders from possessing firearms during the duration of the order. |
|
|
The National Rifle Association of America (22-842) |
2d Cir. |
7-Feb-2023 |
First Amendment challenge by the NRA to state government guidance urging financial institutions to consider the reputational risks of doing business with gun-rights organizations. |
Petitions Pending
|
Case |
Ct. Below |
Pet. Filed |
Implicated Law/Issue |
Status |
|
(23A870 - application to vacate stay) |
2d Cir. |
26-Mar-24 |
Second Amendment challenge to NYC "good moral character" requirement for long-gun licensing (motion to vacate Second Circuit's decision to stay district court injunction under Antonyuk) |
Application filed 26-Mar-24 (submitted to Justice Sotomayor) |
|
(23-7055) |
5th Cir. |
19-Mar-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms; whether to hold pending Rahimi. |
Response waived 27-Mar-24 |
|
(23-7001) |
5th Cir. |
13-Mar-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms; whether to hold pending Rahimi. |
Response waived; Distributed for conference 12-Apr-24 |
|
(23-1018) |
2d Cir. |
11-Mar-24 |
Second Amendment challenge to NYC concealed carry application requirements. |
Response due 17-Apr-24 |
|
(23-6973) |
5th Cir. |
8-Mar-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms; whether to hold pending Rahimi. |
Response waived; Distributed for conference 12-Apr-24 |
|
(23-995) |
2d Cir. |
7-Mar-24 |
Second Amendment challenge to NY commercial regulations applying to federally-licensed firearm dealers. |
Response due 11-Apr-24 (motion to extend response deadline pending) |
|
(23-6842) |
8th Cir. |
23-Feb-24 |
Whether 18 U.S.C. § 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms, is invariably constitutional both facially and as-applied to any defendant, no matter the case-specific circumstances. |
Response due 29-Apr-24 (motion to extend granted) |
|
(23-910) |
2d Cir. |
20-Feb-24 |
The proper historical reference point for Bruen's analogical inquiry; whether "good moral character" public carry permitting requirements violate the Second Amendment. |
Response due 9-May-24 (motion to extend granted) |
|
National Association for Gun Rights And related challenges to Illionois' PICA |
7th Cir. |
12-Feb-24 |
Second Amendment challenge to Illinois' ban on certain semiautomatic firearms and large-capacity magazines; "common use" test. |
Extension granted; Responses due 15-Apr-24 |
|
(23-863 - petition for certiorari before judgment) |
4th Cir. |
9-Feb-24 |
Second Amendment challenge to Maryland's ban on certain semiautomatic firearms; "common use" test. |
Response due 12-Apr-24 (motion to extend granted) |
|
(23-852) |
5th Cir. |
7-Feb-2024 |
Administrative law challenge to ATF "ghost gun" rule, which provides that certain products that can readily be converted into an operational firearm or a functional frame or receiver fall within the GCA's defintion of a "firearm" and may be regulated accordingly. |
Distributed for conference 12-Apr-24 |
|
(22-10892) |
5th Cir. |
30-Jan-2024 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Distributed for conference 12-Apr-24 |
|
(23-6602) |
8th Cir. |
25-Jan-2024 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Response filed 29-Mar-24 |
|
(23-683) |
10th Cir. |
21-Dec-2023 |
As-applied Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms, which prohibits those convicted of felony offenses from possessing firearms. |
Distributed for conference 28-Mar-24 |
|
(23-6278) |
5th Cir. |
13-Dec-2023 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Distributed for conference 12-Apr-24 |
|
(23-6170) |
8th Cir. |
28-Nov-2023 |
As-applied Second Amendment challenge to § 18 U.S.C. 922(g)(1). which prohibits those convicted of felony offenses from possessing firearms. |
Distributed for conference 15-Mar-24 |
|
(23-455) |
5th Cir. |
31-Oct-2023 |
Facial Second Amendment challenge to § 18 U.S.C. 922(g)(8), the domestic-violence restraining order ban. |
Distributed for conference 5-Jan-24 |
|
(23-376) |
5th Cir. |
5-Oct-2023 |
As-applied Second Amendment challenge to § 18 U.S.C. 922(g)(3), which prohibits those who are "unlawful user[s] of or addicted to any controlled substance" from possessing firearms. |
Distributed for conference 5-Jan-24 |
|
(23-374) |
3d Cir. |
5-Oct-2023 |
As-applied challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Distributed for conference 17-Nov-2023 |
Petitions Disposed
|
Case |
Ct. Below |
Pet. Filed |
Implicated Law/Issue |
Status |
|
(23-6850) |
5th Cir. |
23-Feb-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Cert Denied 1-Apr-24 |
|
(23-921) |
8th Cir. |
9-Feb-24 |
Second Amendment challenge to NFA; pro se. |
Cert Denied 1-Apr-24 |
|
(23-6881) |
5th Cir. |
28-Feb-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Cert Denied 25-Mar-24 |
|
(23-6869) |
5th Cir. |
27-Feb-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Cert Denied 25-Mar-24 |
|
(23-6793) |
5th Cir. |
16-Feb-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Cert Denied 18-Mar-24 |
|
(23-6769) |
5th Cir. |
13-Feb-24 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Cert Denied 18-Mar-24 |
|
(23-6750) |
11th Cir. |
12-Feb-24 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Cert Denied 18-Mar-24 |
|
(23-6754) |
9th Cir. |
9-Feb-24 |
Second Amendment challenge to § 2D1.1(b)(1) of the Sentencing Guidelines, an enhancement to the offense level that applies when “a dangerous weapon (including a firearm) was possessed" at the time of the offense. |
Cert Denied 18-Mar-24 |
|
(23-6716) |
9th Cir. |
6-Feb-2024 |
Jury instruction regarding insterstate commerce element of 18 U.S.C. § 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Cert Denied 4-Mar-24 |
|
(23-6689) |
5th Cir. |
5-Feb-2024 |
Second Amendment challenge to 26 U.S.C. § 5861(e), which prohibits transferring an unregistered machinegun. |
Cert Denied 4-Mar-24 |
|
(23-6687) |
5th Cir. |
2-Feb-2024 |
Second Amendment and Commerce Clause challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Cert Denied 4-Mar-24 |
|
(23-6635) |
5th Cir. |
25-Jan-2024 |
Second Amendment challenge to § 18 U.S.C. 922(g)(1), which prohibits those convicted of felony offenses from possessing firearms. |
Cert Denied 4-Mar-24 |
|
(23-526) |
9th Cir. |
15-Nov-2023 |
Second Amendment challenge to California public carry regulations, including open carry ban and school-zone firearm restrictions. |
Cert Denied 8-Jan-24 |
|
(23-510) |
Illinois Supreme Ct. |
9-Nov-2023 |
Due process, equal protection, and Second Amendment challenge to Illinois’ assault weapons and large capacity magazine ban. |
Cert Denied 8-Jan-24 |
|
(23A486 - emergency application) |
7th Cir. |
27-Nov-2023 |
Second Amendment challenge to Illinois' ban on semi-automatic firearms and large-capacity magazines. |
Application denied 14-Dec-2023 |
|
(23-62) |
6th Cir. |
21-July-2023 |
Whether a bump stock device constitutes a "machinegun" as defined by federal legislation, and whether ATF acted outside of its statutory authorization in subjecting bump stocks to heightened regulation under the NFA. |
Distributed for conference 3-Nov-2023; Likely to be held pending Cargill |
|
Bureau of Alcohol, Tobacco, Firearms and Explosives (22-1222) |
D.C. Cir. |
14-June-2023 |
Whether a bump stock device constitutes a "machinegun" as defined by federal legislation, and whether ATF acted outside of its statutory authorization in subjecting bump stocks to heightened regulation under the NFA. |
Distributed for conference 3-Nov-2023; Likely to be held pending Cargill |
|
Kyung Chang Industry USA, Inc. Eighth Judicial District Court of Nevada, et al. (22-1206) |
Nevada Supreme Court |
9-June-2023 |
Request for interlocutory relief in case involving whether a magazine is a "component part of a firearm" under PLCAA. |
Cert Denied 2-Oct-2023 |
|
(23A82 - emergency application) |
5th Cir. |
27-July-2023 |
Application for stay of district court judgment invalidating ATF "ghost gun" rule while appeal to the Fifth Circuit is pending. |
Stay granted 8-Aug-2023 |
|
(22-6853) |
5th Cir. |
21-Feb-2023 |
As-applied commerce clause challenge to 922(g)(1). |
Denied 26-June-2023 |
|
(22-49) |
2d Cir. |
15-July-2022 |
Whether 18 U.S.C. § 924(c)(1)(D)(ii) requires consecutive sentences be imposed for a defendant convicted and sentenced under 924(j). |
Decided 16-June 2023 |
|
(22A948 - emergency application) |
7th Cir. |
26-Apr-2023 |
Emergency application for injunction of Illinois assault weapons and LCM ban pending appeal of district court order upholding the law. |
Denied 17-May-2023 |
|
(22-622) |
2d Cir. |
4-Jan-2023 |
Second Amendment, Fifth Amendment, and vagueness challenge by New York firearms dealers to state regulations on the commercial sale of firearms. |
Cert Denied 24-Apr-2023 |
|
(22-806) |
1st Cir. |
17-Feb-2023 |
Whether the Massachusetts state crime of straight assault becomes a violent felony that satisfies the ACCA's force requirement because it was committed with a dangerous weapon. |
Cert Denied 27-Mar 2023 |
|
(22-586) |
6th Cir. |
21-Dec-2022 |
Mootness of challenge to Michigan COVID-19 restrictions, including Second Amendment challenge to order closing gun stores |
Cert Denied 27-Feb-2023 |
|
(22A591 - emergency application) |
2d Cir. |
29-Dec-2022 |
Application to reverse district court order denying preliminary injunction and enter administrative stay (NY commercial gun regulations) |
Denied 18-Jan-2023 |
|
(22-478) |
3d Cir. |
13-May-2022 |
Challenge to NJ extreme-risk-protection law under Fourth Amendment / Younger abstention |
Cert Denied 17-Jan-2023 |
|
(22A557 - emergency application) |
2d Cir. |
21-Dec-2022 |
Application to lift stay of district court preliminary injunction pending appeal (NY post-Bruen gun law) |
Denied 11-Jan-2023; Justice Alito issued a separate statement (joined by Justice Thomas) |
|
City of New York License Division of the NYPD (21-1495) |
NY App. Ct. |
10-May-2022 |
Challenge to NYC gun license denial |
Cert Denied 5-Dec-2022 |
|
McCutchen, et al.; The Modern Sportsman, et al. (22-25) |
Fed Cir. |
8-July-2022 |
Challenge to ATF bump stock ban under 5th Amendment takings clause |
Cert Denied 14-Nov-2022 |
|
Md. Ct. App. |
13-Oct-2022 |
Challenge to Maryland jury instructions for possessing firearm after conviction for a crime of violence |
Cert Denied 14-Nov-2022 |
|
|
(21-1522) |
2d Cir. |
31-May-2022 |
Challenge to warrantless home entry to seize firearms |
Cert Denied 14-Nov-2022 |
|
(22-76) |
8th Cir. |
26-July-2022 |
As-applied challenge to 922(g)(3) and definition of "unlawful user of . . . any controlled substance" |
Cert Denied 31-Oct-2022 |
|
District of Columbia Concealed Pistol Licensing Review Board (21-1545) |
D.C. Ct. App. |
7-Jun-2022 |
Challenge to DC gun license revocation standard |
Cert Denied 3-Oct-2022 |
|
Gun Owners of America v. Garland (21-1215) |
6th Cir. |
3-Mar-2022 |
Challenge to the bump stock ban |
Cert Denied 3-Oct-2022 |
|
(21-1160) |
1st Cir. |
13-Dec-2022 |
Challenge to Massachusetts’ bar on handgun purchases for those with nonviolent misdemeanors |
Granted, vacated and remanded for further consideration in light of Bruen 3-Oct-2022 |
|
(21-159) |
10th Cir. |
2-Aug-2021 |
Challenge to agency deference re the bump stock ban |
Cert Denied 3-Oct-2022 |
|
(21-1194) |
9th Cir. |
28-Feb-2022 |
Challenge to California ban on magazines holding 10 rounds or more |
Granted, vacated and remanded for further consideration in light of Bruen 30-June 2022 |
|
(21-902) |
4th Cir. |
16-Dec-2021 |
Challenge to Maryland’s assault weapons ban and to the methodology used for 2A questions |
Granted, vacated and remanded for further consideration in light of Bruen 30-June 2022 |
|
(20-1639) |
9th Cir. |
11-May-21 |
Challenge to Hawaii’s restrictive open carry law |
Granted, vacated and remanded for further consideration in light of Bruen 30-June 2022 |
|
Association of New Jersey Rifle & Pistol Clubs v. Bruck (20-1507) |
3d Cir. |
26-Apr-21 |
Challenge to New Jersey ban on magazines holding 10 rounds or more |
Granted, vacated and remanded for further consideration in light of Bruen 30-June 2022 |
|
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 |
Decided 23-June-2022 |