Supreme Court Second Amendment Update 1-3-2025
Update January 9, 2025: There are now 15 Second Amendment cert petitions scheduled for the Friday, January 10th conference, along with a closely related 4th Amendment petition. There are two Second Amendment cert petitions scheduled for the January 17th conference, four scheduled for the January 24th conference, and five petitions still in cert stage briefing (waiting to be assigned).
Update January 6, 2025: The “assault rifle” and “large capacity” magazine cert petitons were today relisted to this Friday’s SCOTUS conference of January 10th.
The justices return from their winter vacation next Friday when their decision on whether to grant or deny fourteen Second Amendment petitions for a writ of certiorari will be made. Truth be told, the decision has already been made to deny most, if not all, of these fifteen petitions.
Unless a justice requests a vote on a petition, the petition is placed on the deadlist and is reported as denied on the weekly orders list. As it takes only one justice to relist a cert petition for a future conference, and it takes but one justice to write a dissent to the denial of cert, coupled with the sheer magnitude of the number of Second Amendment cert petitions denied, that is proof enough that the justices consider the Second Amendment to be a second class right.
As of this writing, the magazine ban (Ocean State Tactical) and the “assault rifle” ban cert petition (David Snope) status simply says “Rescheduled.” Also, ten Second Amendment cert petitions are still being briefed and have not been assigned to a conference. I have not listed them here.
The respondent(s) filed a waiver in ten cases, and in one case, no response or waiver was filed. If a cert petition reaches its scheduled conference date without a justice requesting a response, then we know it was placed on the deadlist and never voted on. It was simply denied. Waivers have been filed in some of the pending petitions; most, perhaps all, will be scheduled for a conference without a response being requested.
Those petitions below, where a waiver was filed and a response requested, will likely, but by no means certainly, survive their first conference.
I have copied and pasted the “Question(s) Presented” in each case so that you do not have to click on the links to the SCOTUS dockets. However, should you wish to examine the petitions in more depth, the links are there.
Remember that SCOTUS rarely grants a cert petition because the lower Court got it wrong. As per the SCOTUS Rules (Rule 10), the primary reason SCOTUS grants cert petitions is to resolve split decisions between the Federal Circuit Courts of Appeal and/or State Courts of last resort.
I have included a Fourth Amendment cert petition because it asks SCOTUS to overrule its ahistorical decision in Terry v. Ohio (1968) AND because a justice requested a response! I did not see that coming. If you think the Second Amendment is a second class right then you should look at the Fourth Amendment cert petitions that have been denied.
DISTRIBUTED for Conference of 1/10/2025. Ocean State Tactical, LLC, dba Big Bear Hunting and Fishing Supply, et al, Petitioners v. Rhode Island, et al. No. 24-131 The questions presented are: 1. Whether a retrospective and confiscatory ban on the possession of ammunition feeding devices that are in common use violates the Second Amendment. 2. Whether a law dispossessing citizens without compensation of property that they lawfully acquired and long possessed without incident violates the Takings Clause. https://www.supremecourt.gov/docket/docketfiles/html/public/24-131.html Aug 02 2024 Petition for a writ of certiorari filed. Response due November 5, 2024. Nov 05 2024 Brief of respondents Rhode Island, et al. in opposition filed. Nov 19 2024 DISTRIBUTED for Conference of 12/6/2024. Dec 09 2024 DISTRIBUTED for Conference of 12/13/2024. Dec 11 2024 Rescheduled. Jan 06 2025 DISTRIBUTED for Conference of 1/10/2025. David Snope, et al., Petitioners v. Anthony G. Brown, in His Official Capacity as Attorney General of Maryland, et al. No. 24-203 QUESTION PRESENTED Whether the Constitution permits the State of Maryland to ban semiautomatic rifles that are in common use for lawful purposes, including the most popular rifle in America. https://www.supremecourt.gov/docket/docketfiles/html/public/24-203.html Aug 21 2024 Petition for a writ of certiorari filed. (Response due November 12, 2024). Nov 12 2024 Brief of Anthony G. Brown, in his official capacity as Attorney General of Maryland, et al. in opposition submitted. Nov 26 2024 DISTRIBUTED for Conference of 12/13/2024. Dec 11 2024 Rescheduled. Jan 06 2025 DISTRIBUTED for Conference of 1/10/2025. Nathan Cooper, Petitioner v. United States No. 24-5381 The question presented is: Whether the Court should overrule the frisk holding of Terry v. Ohio, 392 U.S. 1 (1968), which allows police officers to search people absent probable cause to arrest. Aug 21 2024 Petition for a writ of certiorari. (Response due September 23, 2024). Sep 12 2024 DISTRIBUTED for Conference of 9/30/2024. Sep 13 2024 Response Requested. (Due November 14, 2024). Nov 14 2024 Brief of respondent United States in opposition filed. Dec 03 2024 Reply of Nathan Cooper submitted. Dec 05 2024 DISTRIBUTED for Conference of 1/10/2025. George Henry Purdy, III, Petitioner v. United States No. 24-5194 QUESTIONS PRESENTED Whether 18 U.S.C. §922(g)(1) comports with the Second Amendment? Whether factual findings of a Presentence Report (PSR) that result in a higher sentence must be proven by the government in the face of objection, or whether the defendant must disprove them? Jul 26 2024. Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2024). Aug 08 2024 Waiver of right of respondent United States to respond filed. Aug 15 2024 DISTRIBUTED for Conference of 9/30/2024. Aug 20 2024. Response Requested. (Due September 19, 2024). Sep 12 2024 Motion to extend the time to file a response from September 19, 2024 to October 21, 2024, submitted to The Clerk. Motion to extend the time to file a response is granted and the time is extended to and including November 20, 2024. Nov 20 2024 Brief of respondent United States in opposition filed. Dec 05 2024 DISTRIBUTED for Conference of 1/10/2025. Michael Tyrone Young, Petitioner v. United States No. 24-6006 QUESTION PRESENTED Whether 18 U.S.C. § 922(g)(1) violates the Second Amendment as applied to an individual with nonviolent felony convictions for distributing controlled substances. Nov 18 2024 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2024). Nov 29 2024 Waiver. Dec 05 2024 DISTRIBUTED for Conference of 1/10/2025. Tabitha Ward, Petitioner v. New York Police Department Headquarters License Division No. 24-5854 Pro Se - Denial of a handgun carry license based on rational review. Aug 22 2024 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2024). Dec 12 2024 DISTRIBUTED for Conference of 1/10/2025. Rayzjaun Curry, Petitioner v. United States No. 24-5690 QUESTION PRESENTED Is the federal statute criminalizing the possession of a firearm by a felon unconstitutional, either on its face or as applied, because it violates the Second Amendment to the United States Constitution? Sep 26 2024 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 1, 2024). Oct 23 2024 Motion of United States for an extension of time submitted. Oct 25 2024 Motion to extend the time to file a response is granted and the time is extended to and including December 2, 2024. Dec 02 2024 Memorandum of respondent United States filed. Dec 19 2024 DISTRIBUTED for Conference of 1/10/2025. Chadwick Smith, Petitioner v. United States No. 24-6061 Question Presented for Review Did the Fifth Circuit err in holding that petitioner’s argument that his federal firearms-related conviction violated the Second Amendment, both on its face and as applied to him, could not survive plain error review, even after recent Second Amendment holdings from this Court that substantially altered this area of law? Nov 25 2024 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2025). Dec 12 2024 Waiver. Dec 19 2024 DISTRIBUTED for Conference of 1/10/2025. Benjamin Tyree Townsel, Petitioner v. United States No. 24-6063 QUESTIONS PRESENTED I. Whether 18 U.S.C. § 922(g)(1), the statute prohibiting possession of firearms by persons convicted of a crime punishable by imprisonment for a term exceeding one year, violates the Second Amendment. II. Whether 18 U.S.C. § 922(g)(1) is facially unconstitutional because it exceeds Congress’s authority under the Commerce Clause, and is unconstitutional as applied to Mr. Townsel’s intrastate possession of a firearm. Nov 27 2024 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2025). Dec 12 2024 Waiver. Dec 19 2024 DISTRIBUTED for Conference of 1/10/2025. Johnny Nunez Garcia, Petitioner v. United States No. 24-6064 QUESTION PRESENTED Whether the term of supervised release prohibiting possession of firearms violates the Second Amendment? Nov 26 2024 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2025). Dec 12 2024 Waiver. Dec 19 2024 DISTRIBUTED for Conference of 1/10/2025. Rhobashi Holmes, Petitioner v. United States No. 24-6082 QUESTIONS PRESENTED Is the lifetime ban on possession of firearms by all felons, codified at 18 U.S.C. § 922(g)(1), plainly unconstitutional on its face, because it is permanent and applies to all persons convicted of felonies, even those who are not violent and pose no risk to the public? Does § 922 (g)(1) plainly exceed the scope of Congress’s power to regulate interstate and foreign commerce? Dec 02 2024 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 6, 2025). Dec 12 2024 Waiver. Dec 19 2024 DISTRIBUTED for Conference of 1/10/2025. Recardo Cartrell Pierce, Petitioner v. United States No. 24-6089 QUESTION PRESENTED Whether 18 U.S.C. § 922(g)(1) violates the Second Amendment under New York State Rifle & Pistol Association, Inc. v. Bruen, 142 S. Ct. 2111 (2022)? Dec 02 2024 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 6, 2025). Dec 12 2024 Waiver. Dec 19 2024 DISTRIBUTED for Conference of 1/10/2025. Christopher Gonzales, Petitioner v. United States No. 24-6103 QUESTIONS PRESENTED FOR REVIEW 1. Does 18 U.S.C. § 922(g)(1)’s lifetime ban on the possession of firearms by all felons violate the Second Amendment on its face and as applied to Gonzales, who has a prior drug possession felony conviction? 2. Can Congress criminalize intrastate possession of a firearm solely because it crossed state lines at some point before it came into a person’s possession? Dec 06 2024 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 9, 2025). Dec 13 2024 Waiver. Dec 19 2024 DISTRIBUTED for Conference of 1/10/2025. Gabriel Gray, et al., Petitioners v. Kathy Jennings, Attorney General of Delaware, et al. No. 24-309 QUESTION PRESENTED Whether the infringement of Second Amendment rights constitutes per se irreparable injury. Sep 16 2024 Petition for a writ of certiorari filed. (Response due October 18, 2024). Oct 18 2024 Waiver. Oct 23 2024 DISTRIBUTED for Conference of 11/8/2024. Oct 28 2024 Response Requested. (Due November 27, 2024). Nov 21 2024 Response of Gabriel Gray, et al. to motion submitted. Nov 21 2024 Motion to extend the time to file a response is granted in part and the time is extended to and including December 12, 2024. Dec 12 2024 Brief of Kathy Jennings, et al. in opposition submitted. Dec 16 2024 Waiver of Gabriel Gray, et al. of the 14-day waiting period submitted. Dec 20 2024 Reply of Gabriel Gray, et al. submitted. Dec 24 2024 DISTRIBUTED for Conference of 1/10/2025. Maryland Shall Issue, Inc., et al, Petitioners v. Wes Moore, Governor of Maryland, et al. No. 24-373 QUESTION PRESENTED Whether Maryland’s Handgun Qualification License Requirement violates the Second Amendment. Sep 27 2024 Petition for a writ of certiorari filed. (Response due November 1, 2024). Oct 22 2024 Motion to extend the time to file a response is granted and the time is extended to and including December 2, 2024. Nov 21 2024 Motion to extend the time to file a response is granted and the time is further extended to and including December 16, 2024. Dec 16 2024 Brief of Wes Moore, in His Official Capacity as Governor of Maryland in opposition submitted. Dec 23 2024 Waiver of Maryland Shall Issue, Inc. , et al. of the 14-day waiting period submitted. Dec 24 2024 DISTRIBUTED for Conference of 1/10/2025. Andre Michael Dubois, Applicant v. United States No. 24-5744 QUESTIONS PRESENTED Is the lifetime ban on possession of firearms by all felons, codified at 18 U.S.C. § 922(g)(1), unconstitutional on its face, because it is permanent and applies to all persons convicted of felonies, even those who are not violent and pose no risk to the public? And is it unconstitutional as applied to Mr. Dubois, who has no violent convictions? Oct 08 2024 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 12, 2024). Dec 12 2024 Memorandum of respondent United States filed. Feds asked for a GVR. Dec 23 2024 Reply of Dubois, Andre Michael submitted. Dec 26 2024 DISTRIBUTED for Conference of 1/10/2025. Dec 31 2024 Supplemental Brief of Dubois, Andre Michael submitted. DISTRIBUTED for Conference of 1/17/2025. Mark Allen Craig, II, Petitioner v. United States No. 24-5786 I. QUESTION PRESENTED Whether 18 U.S.C. § 922(g)(1), which prohibits firearm possession by anyone convicted of “a crime punishable by imprisonment for a term exceeding one year,” violates the Second Amendment on its face. Oct 15 2024 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 18, 2024). Dec 18 2024 Memorandum of respondent United States filed. Feds say the case should be GVR'd or the petition denied. Jan 02 2025 DISTRIBUTED for Conference of 1/17/2025. Jarvis Parker, Petitioner v. Florida No. 24-6146 QUESTIONS PRESENTED 1. Whether, contrary to the Due Process and Jury Clauses, the trial court erred in imposing an enhanced sentence under a statute authorizing the enhancement based on nonjury fact-findings upon proof by a preponderance of the evidence? 2. Whether Petitioner was deprived of his right to bear arms, under the Second and Fourteenth Amendments, where he was convicted of possession of a firearm by a convicted felon? 3. Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged with a serious felony? Dec 09 2024 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 15, 2025). Dec 26 2024 Waiver. Jan 02 2025 DISTRIBUTED for Conference of 1/17/2025.