By Tanya Metaksa
What’s New—SCOTUS: two cases that were to be conferredon Dec. 13— Snope v. Brown and Ocean Tactical v. Rhode Island on Dec. 11, were rescheduled with no date given; Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos: On Dec. 3, the Second Amendment Foundation filed an expanded amicus brief supporting Smith & Wesson; Gray v. Jennings: Case No. 24-309: A petition for a writ of certiorari was filed on Sept. 16; United States v. Gabriel Cowan Metcalf: Case 24-4818: In the opening brief filed on Nov. 29, Gabriel Cowan Metcalf argues that Judge Walters was not correct according to the Supreme Court’s Bruen decision. Circuit Courts: United States v. Gabriel Cowan Metcalf: Case 24-4818: In the opening brief filed on Nov. 29, Gabriel Cowan Metcalf argues that Judge Walters was not correct according to the Supreme Court’s Bruen decision; State Court: California: Goldstein v. Earnest: CASE NO: 37-2020-00016638-CU-PO-CTL: On Dec. 3, Judge Wendy M. Behan found in favor of S&W and granted summary judgment based on the federal PLCCA preemption; New Jersey: Platkin v. Glock: The Attorneys Generals of New Jersey and Minnesota have filed lawsuits against Glock Inc., alleging that the company’s pistols can be easily modified into illegal automatic weapons.
SCOTUS
Snope v. Brown, formerly Bianchi v. Brown, Case #24-203: Late on Dec. 11, SCOTUS ordered the case rescheduled.
Background: On 8-21-2024, a petition for a writ of certiorari was filed on Aug. 21, with the question presented being:“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.”
The state of Maryland filed its brief in opposition on Nov. 11, followed by the petitioners’ reply brief. The case was Distributed for the Conference on Dec. 13.
Ocean State Tactical v. Rhode Island: As with Snope v. Brown, SCOTUS has ordered the case to be rescheduled.
Background: On March 7, 2024, The US Court of Appeals for the First Circuit upheld Judge McConnell Jr.’s denial of a Temporary Injunction; the US Court of Appeals for the First Circuit found: “In concluding that plaintiffs were unlikely to succeed on any of their constitutional claims, the district court reasoned that HB 6614 did not violate the Second Amendment because plaintiffs failed to prove that “LCMs are ‘Arms’ within the meaning of the Second Amendment’s text.”
As a result, on Aug. 4, the plaintiffs filed for a writ of certiorari. They had initially appealed Judge John James McConnell Jr.’s denial of their request for a Temporary Injunction against the Rhode Island ban on magazines larger than ten rounds to the US Court of Appeals for the First Circuit.
Many of our readers unfamiliar with the terminology used in SCOTUS orders may need clarification about rescheduling. On his YouTube channel, Four Boxes Diner host, Second Amendment attorney and advocate Mark W. Smith has created a video about these cases. Smith believes rescheduling these cases is a positive development for Second Amendment jurisprudence.
Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos: Docket No. 23-1141: On Dec. 3, the Second Amendment Foundation filed an expanded amicus brief supporting Smith & Wesson. An argument date has been scheduled before SCOTUS on March 4, 2025.
Gray v. Jennings: Case No. 24-309: A petition for a writ of certiorari was filed on Sept. 16. The state of West Virginia and 17 other states have submitted an amicus brief in favor of certiorari. There is a split between the Third Circuit and the Seventh and Ninth Circuits regarding the question before the court—whether the infringement of Second Amendment rights constitutes per se irreparable injury. The Second Amendment Foundation has a webpage about this case, which states:
Noting in their petition that the high court has previously ruled that “the loss of First Amendment freedoms, for even minimal periods, unquestionably constitutes irreparable injury,” SAF and its partners request that the court determine whether the same standard applies to the Second Amendment. “All rights protected by the Constitution are equal,” said SAF founder and Executive Vice President Alan M. Gottlieb, “and therefore, any infringements on one right should merit the same degree of scorn as infringements against another right.”
This case is awaiting a response from the Department of Justice, after which it should be scheduled for a conference to determine certiorari. It is not a straightforward Assault Weapons ban case but a case about a permanent injunction in a matter involving fundamental constitutional rights.
Circuit Court
Montana: Ninth Circuit
United States v. Gabriel Cowan Metcalf: Case 24-4818: In the opening brief filed on Nov. 29, Gabriel Cowan Metcalf argues that Judge Walters was not correct according to the Supreme Court’s Bruen decision and erred when she rejected his claim that an exemption under the Gun-Free School Zones Act did not cover his conduct of walking in his yard and on its sidewalk.
Background: Back on Feb. 2, Federal Judge Susan Watters ruled on this case at the District Court. Although she agreed that the government had failed to meet its burden under Bruen, she decided to do her own historical research. She found a 1776 Delaware constitutional provision and other Reconstruction laws prohibiting gun possession near polling places that met the Bruen test.
State Court
California: Superior Court of California, County of San Diego
Goldstein v. Earnest: CASE NO: 37-2020-00016638-CU-PO-CTL: In a 2020 case alleging that Smith & Wesson knowingly violated California law on the possession of “assault weapons” on a rifle used in a shooting attack at the Chabad of Poway. On Dec. 3, Judge Wendy M. Behan found in favor of S&W and granted summary judgment based on the federal PLCCA preemption.
New Jersey: Superior Court of New Jersey, Chancery Division, Essex County
Platkin v. Glock
The Attorneys Generals of New Jersey and Minnesota have filed lawsuits against Glock Inc., alleging that the company’s pistols can be easily modified into illegal automatic weapons. These modifications, known as ‘Glock switches,’ allow semi-automatic firearms to be transformed into fully automatic ones. The states contend that Glock has been aware of this issue but has not taken adequate action to prevent such modifications, jeopardizing public safety. The New Jersey Governor posted on X.com, while the Minnesota Governor held a press conference on Facebook.
