By Tanya Metaksa
What’s New—Snope v. Brown and Ocean State Tactical v. Rhode Island scheduled for conference of May 15; Smith & Wesson v. Mexico: Case 22-1823: To be decided within the next two months; Wolford v. Lopez: scheduled for conference on June 4; Wehr-Darroca v. D.C: large capacity magazine ban; Pennsylvania:
Young v. Ott: Case No: 3:24-cv-00274: schedule has been set for non-jury trial; State Court-Colorado: Langston v. Humphries: state taxes on firearms, ammunition, and parts;
SCOTUS
Conferences through the end of the term
For the rest of the 2024-2025 term, the scheduled conference dates are May 15, 21, 28, and June 4, 11, 18, and 25. Several Second Amendment cases regarding felon in possession charges are before SCOTUS for certiorari.
Snope v. Brown and Ocean State Tactical v. Rhode Island scheduled for conference of May 15, 2025.
Wolford v. Lopez: Case No: 24-1046: Scheduled for June 4 conference:Second Amendment challenge to Hawaii’s ban on carrying guns on private property open to the public without express permission. See Dave Workman’s article concerning State Attorney Generals’ signing an amicus brief.
Background: The Ninth Circuit ruled in favor of Hawaii on September 26, 2024 and the rehearing was denied on January 15, 2025. Petition for a writ of certiorari filed on April 1, 2025 with response due May 5, 2025. It appears that Trump’s DOJ has urged the granting of certiorari. Additionally, according to @MorosKostas, who is an attorney with Michel & Associates:
“So now 26 States AND the federal government are asking for cert in Wolford. The “interlocutory case” excuse, always unserious in constitutional disputes, would be even more untenable.
“At minimum, if the Court doesn’t want the case til final judgment, it should stay the Ninth Circuit and reimplement the district court injunction pending final judgment.”
This case was filed challenging most of SB1230. SB1230 designated most of the islands of Hawaii as “sensitive places” where carry permits are not recognized and requires that signage be posted to allow carry.
Awaiting decision
Smith & Wesson v. Mexico: Case 22-1823: This case was granted certiorari on Oct. 5, 2024, and was argued on March 4 of this year. The Court is expected to hand down decisions on May 15, we are hoping that this case will be among the ones delivered.
Circuit Court
D.C. Circuit
Wehr-Darroca v, D.C.: Case No. 1:24-cv-03504-RC: 2A lawsuit filed Dec. 17, 2024 challenging Washington D.C.’s large capacity magazine ban. When a case is filed in the D.C. Circuit Court it usually has national ramifications. Defendant, D.C., immediately made a motion to dismiss and the filings to date have been arguing over that motion. This will be an interesting case to watch as the 2008 Heller decision also started in the D.C. Circuit.
District Court
Pennsylvania: Third Circuit
Young v. Ott: Case No: 3:24-cv-00274: An announcement was made on May 1, thata trial will commence before the Honorable Stephanie L. Haines, United States District Judge on Oct. 6, at 9:30 A.M. in Courtrooom A – Johnstown. A Pretrial Conference will be held before Judge Haines on Sept. 11, at 1:00 P.M. in Courtroom A – Johnstown. Pursuant to Fed.R.Civ.P. 16(b)(3), the discovery deadline shall be Aug. 25. The parties shall file any motions in limine and motions to challenge the qualifications of any proposed expert witness and/or the substance of such expert’s testimony no later than Sept. 2. The nonmoving party’s response to any such motions shall be due no later than Sept. 9, and as more fully stated in said Rule 16 Scheduling Order.
Background: This case was initiated by the Firearms Policy Coalition (FPC) and the National Rifle Association (NRA) on Nov. 22, 2024, in the US District Court for the Western District of Pennsylvania. On Dec. 20, 2024, the plaintiffs filed a motion for a preliminary injunction in their challenge to the Pennsylvania ban affecting 18-to-20-years from carrying firearms for self-defense outside the home. A telephonic status hearing was held on Jan. 8, 2025, before Judge Haines. Defendant Colonel Christopher Paris requested a stay pending the case of Lara v. Commissioner State Police, which the US Court of Appeals disposes of for the Third Circuit. The stay was granted. On March 12, the stay was lifted. On April 4, the Plaintiffs filed a Reply in support of the motion for a preliminary injunction, expedited consolidation with the merits, or, in the alternative, summary judgment.
State Courts
Langston v. Humphries: Case no. 2025CV31185: This case was filed by Firearms Policy Coalition on March 31, against Colorado’s new law that enacted “unconstitutional new taxes on firearms, parts, and ammunition”. The Complaint states: “If this tax is permitted, there is nothing stopping States from imposing 50% or even 100% taxes on the exercise of any constitutional rights they disfavor—whether it be the right to free exercise of religion, the right to free speech, or any other protected individual right.”
