Supreme Court Second Amendment Update 3-20-2025
Given that the Supreme Court has scheduled a “large capacity” magazine ban cert petition to tomorrow’s conference for the ninth time (plus two reschedules), the timing of the 9th Circuit Court of Appeals en banc panel upholding California’s ban on magazines that hold more than ten rounds is interesting.
“[T]he en banc court concluded that California’s law comported with the Second Amendment for two independent reasons. First, the text of the Second Amendment does not encompass the right to possess large-capacity magazines because large-capacity magazines are neither “arms” nor protected accessories. Second, even assuming that the text of the Second Amendment encompasses the possession of optional accessories like large-capacity magazines, California’s ban on large-capacity magazines falls within the Nation’s tradition of protecting innocent persons by prohibiting especially dangerous uses of weapons and by regulating components necessary to the firing of a firearm.” Here is a link to the decision.
In any event, there are other Second Amendment cert petitions scheduled for the conference. I’ve listed them below, along with the questions presented. Clicking on the docket number will take you to the SCOTUS docket, where you can take a deep dive into the petitions.
As always, if a waiver was filed and no justice requested a response, the petition was placed on the SCOTUS deadlist; the petition was never voted on. It will appear as “Petition denied” on next week’s Orders list. Other than the “assault rifle” cert petition, waivers were filed in the other petitions (or no response plus no request for a response, which has the same effect – D.O.A.).
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. 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. (Listed for a conference seven times, rescheduled once). Eric St. George, Petitioner v. Jason Lengerich, Warden, et al. No. 24-6313 Prisoner Pro Se - See petition. Nov 12 2024 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2025). No waiver or other response filed. Feb 27 2025 DISTRIBUTED for Conference of 3/21/2025. D.O.A. Longino Lopez Flores, IV, Petitioner v. United States No. 24-6567 Question Presented for Review Did the Fifth Circuit err in affirming the four level enhancement to petitioner’s sentencing range for a conviction under 18 U.S.C. § 922(g)(1), which is authorized when the defendant used or possessed any firearm in connection with another felony offense, when the evidence was insufficient to support this enhancement because it only showed simultaneous presence of drugs and a firearm, and the Fifth Circuit failed to rely on its two prior opinions that refused to apply this type of enhancement, but instead relied on a Fourth Circuit opinion to affirm petitioner’s sentence? Feb 07 2025 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 17, 2025). Feb 25 2025 Waiver of right of respondent United States to respond filed. Feb 27 2025 DISTRIBUTED for Conference of 3/21/2025. Anthony Washington, Petitioner v. United States No. 24-6627 QUESTION PRESENTED FOR REVIEW Whether a person who was previously convicted of a felony is categorically excluded from the protections of the Second Amendment. Feb 19 2025 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 26, 2025). Feb 26 2025 Waiver of right of respondent United States to respond filed. Mar 06 2025 DISTRIBUTED for Conference of 3/21/2025. Dajuan Martin, Petitioner v. United States No. 24-6582 QUESTIONS PRESENTED (1) 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, has no exceptions, and applies to all persons convicted of felonies, even those who are not violent? (2) Are the lower courts uniformly in error, under Stinson and Kisor, in holding that a firearm magazine with an industry-standard capacity—for example, 16 or 17 rounds of ammunition—is a “large capacity magazine” under the Sentencing Guidelines? Feb 12 2025 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 20, 2025). Mar 04 2025 Waiver of right of respondent United States to respond filed. Mar 06 2025 DISTRIBUTED for Conference of 3/21/2025. Willie McCoy, Petitioner v. United States No. 24-6606 QUESTIONS PRESENTED 1. Do convicted felons have Second Amendment rights, in light of this Court’s interpretation of “the people” in District of Columbia v. Heller, 554 U.S. 570, 592-95 (2008)? 2. Does 18 U.S.C. §§ 922(g)(1) and 924(a)(2) satisfy the Second Amendment in all of its applications? Feb 19 2025 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 24, 2025). Mar 04 2025 Waiver of right of respondent United States to respond filed. Mar 06 2025 DISTRIBUTED for Conference of 3/21/2025.