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« Santa Clara, CA, sheriff busted for "pay to play" gun permit issuance | Main | Hurrah! »

NYSRPA and other 2A cases in the Supreme Court pipeline

Posted by David Hardy · 30 September 2019 03:34 PM

It looks like NY's suggestion of mootness has been turned down, at least for now. From the case's Supreme Court docket: "The Respondent's Suggestion of Mootness is denied. The question of mootness will be subject to further consideration at oral argument, and the parties should be prepared to discuss it." And even if it were accepted--

There are at least four 2A cases in the Supreme Court where the petitions for cert. were distributed for conferences (where normally the Justice would vote on whether to grant) 4 to 6 months ago, and no action has ever been taken. They're just sitting in the pipeline. That can mean they remain open for a future grant, or perhaps for being "granted, vacated, and remanded for consideration in light of ___ v. ____," after a ruling in another case comes down. I count four, and probably missed some. As of today, they've all have been carried over into the new Term.

Mance v. Holder. Issue: GCA 68's ban on interstate sales, as applied to D.C. residents who have only one FFL in the District. (Alan Gura, attorney). Distributed for conferences of March 29 and April 12, no action taken.

Pena v. Horan. Issue: California's ban on dealer sales of any handgun not on the state's "safe" list. (Alan Gura & Don Kilmer, attorneys). Distributed for conference of April 12, no action taken.

Two more challenge "may issue" carry permits in New Jersey and in Massachusetts:

Rogers v. Grewall. (Daniel Schmutter & David Thompson, attorneys). Distributed for conference of May 23, no action taken.

Gould v. Lipson. (David Jensen & David Thompson, attorneys). Distributed for conference of June 6, no action taken.

I'm sure I missed a few.... and beyond those (pending in the Circuits, but soon ready for cert.) there is always Young v. Hawaii (9th Cir., en banc review granted, case stayed pending NYSRPA v. NY) and Beers v. Att'y Gen. (3d Cir., motion for rehearing denied).

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