Ocean State Tactical v Rhode Island - Magazine ban

[Euler]

The case has been filed at the US Supreme Court, but it is still awaiting a petition, so there isn't a (real) docket yet.

The Rhode Island General Assembly enacted the Large Capacity Feeding Device Ban of 2022, which prohibits possession of feeding devices or magazines which hold more than ten rounds of ammunition. All owners of "LCMs" were required

1. to modify their "LCMs" permanently to accept no more than ten rounds;
2. to sell them to a firearms dealer;
3. to remove them from the state; or
4. to turn them in to law enforcement.

Both the Federal District Court of Rhode Island and the First Circuit Court of Appeals ruled for the state. Now the plaintiffs are petitioning the US Supreme Court.

The deadline to file a petition was June 5, but plaintiffs asked for an extension. Jackson granted an extension to July 5. (shadow docket)

Edited June 9, 2024 at 02:42 AM by Euler

[Euler]

On June 20, petitioners asked for another extension.

On June 24, Jackson extended the deadline to file a petition to August 4.

[Euler]

On August 2, petitioners filed their petition. The case got a real docket.

[Tvandermyde]

is this interlockatory or were the lower courts final judgements on the merits?

[davel501]

This one is interlocutory. This is the latest ruling: https://caselaw.findlaw.com/court/us-1st-circuit/115911229.html. Very slow pace on this case. 

[Euler]

On June 23, 2022, plaintiffs filed their complaint in the Federal District Court of Rhode Island. (docket)

On August 9, the plaintiffs filed a motion for a TRO and preliminary injunction.

On December 14, the judge denied the motion.

On January 13, 2023, plaintiffs appealed the denial to the 1st Circuit Court of Appeals.

On January 18, CA1 docketed the appeal. (docket)

On September 11, the case was argued en banc.

On March 7, 2024, CA1 issued a ruling affirming the district denial.

The case is currently stayed at the district level to await the results of the petition for certiorari.

[Tvandermyde]

post the Illinois' denials for cert, it is my opinion that any interlocutory appeals or cert petitions from the same are a waste of time and resources. take the L move on and get to the merits and get on with the case. all this does is add more time and chances for more supreme courts guys on our side to drop off the court

[davel501]

On 8/13/2024 at 8:43 AM, Tvandermyde said:

post the Illinois' denials for cert, it is my opinion that any interlocutory appeals or cert petitions from the same are a waste of time and resources. take the L move on and get to the merits and get on with the case. all this does is add more time and chances for more supreme courts guys on our side to drop off the court

 

Yeah, not sure what benefit they see in dragging this out unless they don't want to be THE case that gets decided but one of them that gets GVR'd.

[Euler]

On August 13, Rhode Island requested an extension of the time to respond to the petition.

On August 15, the court (probably Jackson) granted RI until November 5 to respond.

[EdDinIL]

 

 

[EdDinIL]

Not in the SCOTUS orders list issued today, so cert was neither denied nor granted.  No updates to the docket yet on whether it will be relisted or rescheduled.

 

EDIT:  Relisted for conference 1/17/25, along with Snope.

Edited January 13, 2025 at 05:04 PM by EdDinIL

[Upholder]

On Jan 21, 2025, this case was relisted for conference on Jan 24, 2025.  If it is not accepted for cert at that conference, it is unlikely to be heard this term.

[EdDinIL]

Neither Snope nor Ocean State Tactical were in this morning's order list.

 

https://www.supremecourt.gov/orders/courtorders/012725zor_bp7c.pdf 

[EdDinIL]

Docket update - relisted for conference on 2/21/25 along with Snope v Brown.

[Upholder]

Docket update - relisted for conference on 2/28/25 along with Snope v Brown.

[EdDinIL]

Docket update - relisted for conference on 3/7/25 along with Snope v Brown.

[EdDinIL]

Relisted for conference on 3/21/25.

[Upholder]

Docket update - relisted for conference on 3/28/25 along with Snope v Brown.

[mab22]

Is there a record for the number of times a case is re-listed? 
Look kids there’s a can you can kick for fun!

[Euler]

I don't know if it's the most relisted, but Sykes v US was listed 19 times (i.e., relisted 18 times) for conference, only to be GVR'd.

This case has been listed 10 times, but two of them were canceled.

When a case is relisted a lot, it means that someone is writing something for it, but it's not ready for publication yet. The two most common reasons are (1) to have a judgment issued without oral arguments or (2) to be denied, but someone has a lot to say about why it should have been granted.

Either way, waiting with baited breath is a waste of angst. If there is going to be oral argument, it's not going to be before October. If there's a denial, a summary judgment, or a GVR, it's still going to be days/weeks/months for the effect to ripple around the courts, not minutes/hours.

[Upholder]

For what it's worth, Dobbs v Jackson was distributed for conference 22 times before Cert was granted and it was eventually overturned.

 

Euler is correct in that if Cert is granted, it will not be heard this term according to all conventional wisdom and experience.

[Upholder]

Docket update - relisted for conference on 4/4/25 along with Snope v Brown and Antonyuk v. James. 

[THE KING]

Any updates on these cases ?

[Euler]

Nobody is keeping anything secret. If no one is saying anything, it's because there's nothing to say.

[EdDinIL]

BREAKING NEWS!!!!  Naah, not really.  The case was distributed for conference this Thursday, April 17.

 

On 4/11/2025 at 6:44 PM, Euler said:

Nobody is keeping anything secret. If no one is saying anything, it's because there's nothing to say.

 

Exactly what a conspirator would say. 

[EdDinIL]

Distributed for conference (lucky #13) on Friday April 25.