{"id":108587,"date":"2025-03-21T13:59:23","date_gmt":"2025-03-21T18:59:23","guid":{"rendered":"https:\/\/milesfortis.com\/?p=108587"},"modified":"2025-03-21T14:00:02","modified_gmt":"2025-03-21T19:00:02","slug":"108587","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=108587","title":{"rendered":""},"content":{"rendered":"

Supreme Court Second Amendment Update 3-20-2025<\/a><\/p>\n

Given that the Supreme Court has scheduled a \u201clarge capacity\u201d magazine ban cert petition to tomorrow\u2019s conference for the ninth time (plus two reschedules), the timing of the 9th Circuit Court of Appeals en banc panel upholding California\u2019s ban on magazines that hold more than ten rounds is interesting.<\/p>\n

\u201c[T]he en banc court concluded that California\u2019s 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 \u201carms\u201d nor protected accessories. Second, even assuming that the text of the Second Amendment encompasses the possession of optional accessories like large-capacity magazines, California\u2019s ban on large-capacity magazines falls within the Nation\u2019s tradition of protecting innocent persons by prohibiting especially dangerous uses of weapons and by regulating components necessary to the firing of a firearm.\u201d Here is a link to the\u00a0decision<\/a>.<\/p>\n

In any event, there are other Second Amendment cert petitions scheduled for the conference. I\u2019ve 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.<\/p>\n

<\/p>\n

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 \u201cPetition denied\u201d on next week\u2019s Orders list. Other than the \u201cassault rifle\u201d 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.).<\/p>\n

\n
Ocean State Tactical, LLC, dba Big Bear Hunting and Fishing Supply, et al, Petitioners v. Rhode Island, et al.  No. 24-131<\/a>\r\nThe questions presented are:\r\n1. Whether a retrospective and confiscatory ban on the possession of ammunition feeding devices that are in common use violates the Second Amendment.\r\n2. Whether a law dispossessing citizens without compensation of property that they lawfully acquired and long possessed without incident violates the Takings Clause.\r\n\r\nDavid Snope, et al., Petitioners v. Anthony G. Brown, in His Official Capacity as Attorney General of Maryland, et al. No. 24-203<\/a>\r\nQUESTION PRESENTED\r\nWhether 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).\r\n\r\nEric St. George, Petitioner v. Jason Lengerich, Warden, et al.  No. 24-6313<\/a>\r\nPrisoner Pro Se - See petition.\r\nNov 12 2024\tPetition 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\tDISTRIBUTED for Conference of 3\/21\/2025.  D.O.A.<\/strong>\r\n\r\nLongino Lopez Flores, IV, Petitioner v. United States  No. 24-6567<\/a>\r\nQuestion Presented for Review\r\nDid the Fifth Circuit err in affirming the four level enhancement to petitioner\u2019s sentencing range for a conviction under 18 U.S.C. \u00a7 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\u2019s sentence?\r\n  Feb 07 2025\tPetition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 17, 2025).  Feb 25 2025\tWaiver <\/strong>of right of respondent United States to respond filed.  Feb 27 2025\tDISTRIBUTED for Conference of 3\/21\/2025.  \r\n\r\nAnthony Washington, Petitioner v. United States No. 24-6627<\/a>\r\nQUESTION PRESENTED FOR REVIEW\r\nWhether a person who was previously convicted of a felony is categorically excluded from the protections of the Second Amendment. \r\n Feb 19 2025\tPetition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 26, 2025).  Feb 26 2025\tWaiver <\/strong>of right of respondent United States to respond filed.  Mar 06 2025\tDISTRIBUTED for Conference of 3\/21\/2025.\r\n\r\nDajuan Martin, Petitioner v. United States  No. 24-6582<\/a>\r\nQUESTIONS PRESENTED\r\n(1) Is the lifetime ban on possession of firearms by all felons, codified at 18 U.S.C. \u00a7 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?\r\n(2) Are the lower courts uniformly in error, under Stinson and Kisor, in holding that a firearm magazine with an industry-standard capacity\u2014for example, 16 or 17 rounds of ammunition\u2014is a \u201clarge capacity magazine\u201d under the Sentencing Guidelines?\r\n  Feb 12 2025\tPetition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 20, 2025).  Mar 04 2025\tWaiver <\/strong>of right of respondent United States to respond filed.  Mar 06 2025\tDISTRIBUTED for Conference of 3\/21\/2025.\r\n\r\nWillie McCoy, Petitioner v. United States  No. 24-6606<\/a>\r\nQUESTIONS PRESENTED\r\n1. Do convicted felons have Second Amendment rights, in light of this Court\u2019s interpretation of \u201cthe people\u201d in District of Columbia v. Heller, 554 U.S. 570, 592-95 (2008)?\r\n2. Does 18 U.S.C. \u00a7\u00a7 922(g)(1) and 924(a)(2) satisfy the Second Amendment in all of its applications?\r\n  Feb 19 2025\tPetition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 24, 2025).  Mar 04 2025\tWaiver <\/strong>of right of respondent United States to respond filed.  Mar 06 2025\tDISTRIBUTED for Conference of 3\/21\/2025.<\/pre>\n<\/div>\n","protected":false},"excerpt":{"rendered":"
Supreme Court Second Amendment Update 3-20-2025 Given that the Supreme Court has scheduled a \u201clarge capacity\u201d magazine ban cert petition to tomorrow\u2019s conference for the ninth time (plus two reschedules), the timing of the 9th Circuit Court of Appeals en banc panel upholding California\u2019s ban on magazines that hold more than ten rounds is interesting. … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,11],"tags":[],"class_list":["post-108587","post","type-post","status-publish","format-standard","hentry","category-courts","category-crap-for-brains"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/108587","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=108587"}],"version-history":[{"count":2,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/108587\/revisions"}],"predecessor-version":[{"id":108589,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/108587\/revisions\/108589"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=108587"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=108587"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=108587"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}