While the police finished murdering each other in southern California, and the President prepared “massive” proposals for the Congress, the case of Piszczatoski v. Maenza was argued before the U.S. Court of Appeals for the Third Circuit. With an en banc review of the decision in Moore v. Madigan looking unlikely, a victory in Piszczatoski would deepen the circuit split created by the loss in Kachalsky v. Cacace and thus make the conflicting jurisprudence even more difficult for the U.S. Supreme Court to avoid reviewing. Here is a summary of the major right-to-carry cases for those keeping score.
| Kachalsky v. Cacace | New York | Lost on appeal at USCA2. |
| Moore v. Madigan | Illinois | Won on appeal at USCA7. |
| Palmer v. D.C. | D.C. | Pending decision at USDC since 2010. |
| Drake v. Filko | New Jersey | Pending decision on appeal at USCA3. |
| Richards v. Prieto | California | Pending decision on appeal at USCA9. |
| Woollard v. Gallagher | Maryland | Lost on appeal at USCA4. |
There is a host of other right-to-arms cases that are working their way through the federal court system, but this is the vanguard litigation. A historical turning point is at hand, though some people can’t or won’t see the important civil-rights implications at work here. Few people need to carry guns, they argue, but then very few people needed to abort pregnancies … or to marry the spouses of their choice … or to ride at the front of the bus.

Excellent summary. Thanks for posting!
ReplyDeleteEn banc review for Moore and Shepard was denied today. Illinois has 90 days to file a petition for writ of certiorari with the U.S. Supreme Court.
ReplyDeleteWhat about Peruta? It is not listed.
ReplyDeleteMy list is only a brief summary and is by no means complete. For a more thorough and detailed look, see Al Norris’s thread on Current 2A Cases at the Firing Line or Litigation Past and Present on the Calguns Foundation Wiki.
ReplyDeleteAppreciate you putting this up. Courts grind so slowly but mean SO much. Living in cali, I fear the courts are our only hope here.
ReplyDeleteUPDATE: Woollard v. Gallagher has been lost on appeal at the Fourth Circuit, reversing the district-court ruling.
ReplyDeleteEn banc review has been requested in Woollard v. Gallagher. If granted, I suspect that any decision will be held pending the results of Kachalsky v. Cacace at the Supreme Court.
ReplyDeleteUPDATE: Certiorari has been denied for Kachalsky, and en banc review for Woollard. We now wait on possible certiorari petitions for Moore and/or Woollard.
ReplyDeletePiszczatoski v. Maenza is now Drake v. Filko.
ReplyDelete