Independence Institute v. FEC — Amicus Brief

Michael Harless Administrative Law, Constitutional Law, Election Law, U. S. Court of Appeals, District of Columbia Circuit

Today we filed an amicus brief in support of the Independence Institute in their challenge to the Federal Election Commission’s regulations requiring the names and addresses of donors to nonprofits doing issue ads, which technically meet the criteria of Independent Expenditures, to be disclosed. Our brief explains the motivation of Congress for wanting this information.

Link to brief

Jeremiah Morgan Testifies Before the Federal Election Commission

Michael Harless Administrative Law, Appearances, Election Law

Today, on behalf of the Free Speech Coalition, Inc., the Free Speech Defense and Education Fund, Inc., and U.S. Justice Foundation Jeremiah Morgan of our firm testified before the Federal Election Commission at its Hearings on the McCutcheon v. FEC Advance Notice of Proposed Rulemaking. (His testimony appears at 5:19:51 of the video.)

Link to video

Comments filed opposing FEC rulemaking after McCutcheon Decision

Michael Harless Administrative Law, Election Law

Today we filed comments in response to the Federal Election Commission notice in considering a petition for rulemaking. This petition asks the FEC to expand the definition of “federal office” to include a delegate to a constitutional convention for proposing amendments to the U.S. Constitution.

We explained that the FEC has no authority to expand the definition of “federal office” Read More

Comments filed with the FEC on Definition of “Federal Office”

Michael Harless Administrative Law, Election Law

Today we filed comments in response to the Federal Election Commission notice in considering a petition for rulemaking. This petition asks the FEC to expand the definition of “federal office” to include a delegate to a constitutional convention for proposing amendments to the U.S. Constitution.

We explained that the FEC has no authority to expand the definition of “federal office” Read More

Comments filed with Bureau of Alcohol, Tobacco, Firearms & Explosives opposing Multiple Rifle Sale Reporting (take two)

Michael Harless Administrative Law, Firearms Law

For the second time in as many months, our firm filed comments on behalf of Gun Owners of America, Inc. and Gun Owners Foundation, expressing opposition to the ATF’s continuing effort to require federally licensed firearms dealers (FFL’s) to report to ATF information regarding the sale of multiple rifles.

Purportedly concerned about firearms being trafficked to Mexican drug cartels, three years Read More

Gun Owners of America & Gun Owners Foundation Comments to ATF on “Adjudicated as a Mental Defective”

Michael Harless Administrative Law, Firearms Law

President Obama announced that his Administration would do all in its power to stop gun violence. By that he seems to have meant reducing private ownership of firearms. Now, it turns out that he is not just doing things within his presidential power to achieve that objective – he is usurping legislative power to amend statutes unilaterally.

On January 7, 2014, the Bureau of Alcohol, Tobacco, Firearms, Read More

U.S. Justice Foundation Comments to HHS on HIPAA Privacy Rule and the NICS System

Michael Harless Administrative Law, Firearms Law

Our firm filed comments for U.S. Justice Foundation with the U.S. Department of Health and Human Services (“HHS”) opposing its Proposed Rule designed to decrease the number of Americans who may possess firearms, particular adversely affecting Veterans.

Our comments explain that the HIPAA Privacy Rules have been perverted from their original purpose to enhance patient confidences. Especially, Read More

Gun Owners Foundation Comments to HHS on HIPAA Privacy Rule and the NICS System

Michael Harless Administrative Law, Firearms Law

Our firm filed comments for Gun Owners Foundation with the U.S. Department of Health and Human Services (“HHS”) opposing its Proposed Rule designed to decrease the number of Americans who may possess firearms, even for self defense in the home.

The HHS Proposed Rule (“PR”) is one of the “23 executive actions” announced by the Obama Administration allegedly in response to the Newtown, Read More

Comments to ATF on NFA Weapons

Michael Harless Administrative Law, Firearms Law

Today, our firm submitted comments on behalf of Gun Owners of America and Gun Owners Foundation to the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) opposing an ATF Notice of Proposed Rulemaking.

ATF’s proposed rule PR would change the requirements for applications to make or transfer certain National Firearms Act firearms and devices. Many CLEOs are opposed to an armed citizenry Read More

FEC Issues Advisory Opinion Sought by Citizens for Joseph Miller

Michael Harless Administrative Law, Election Law

Representing Alaska Senate candidate Joseph Miller’s campaign committee, Bill Olson appeared before the Federal Election Commission today to answer questions about the facts underlying Advisory Opinion Request No. 13-11 filed by the firm on the campaign’s behalf. After a lengthy discussion, the FEC approved the Advisory Opinion on a 5-1 vote. The Commission ruled that the Committee’s Read More

Gun Owners of America, Inc. and Gun Owners Foundation Comments to ATF on “Requests to Exempt Certain Projectiles from Regulation as ‘Armor Piercing’ Ammunition”

Michael Harless Administrative Law, Firearms Law

Today our firm filed comments with the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) on behalf of Gun Owners of America, Inc. and Gun Owners Foundation pursuant to the ATF request for comments on the use of the “sporting purposes” exemption for “certain projectiles from regulation as ‘armor piercing’ ammunition.”

These comments were filed because “GOA and Read More

Center for Individual Freedom, et al. v. Chris Van Hollen, et al. Amicus Brief for Free Speech Coalition, Inc., et al. in the United States Court of Appeals for the District of Columbia Circuit

Michael Harless Administrative Law, Constitutional Law, Election Law, U. S. Court of Appeals, District of Columbia Circuit

Today our firm filed an amicus brief in the case of Center for Individual Freedom, et al. v. Chris Van Hollen, et al. in the United States Court of Appeals for the District of Columbia Circuit in support of appellants and reversal.

Our brief argues that the BCRA section 201 provision requiring disclosure of the names and addresses of all contributors who contributed an aggregate of $1,000 or more Read More

Gun Owners Foundation Comments to the Bureau of Alcohol, Tobacco, Firearms and Explosives In Response to ATF’s January 2011 “Study on the Importability of Certain Shotguns”

Michael Harless Administrative Law, Firearms Law

On behalf of Gun Owners Foundation, we filed comments today with the Bureau of Alcohol, Tobacco, Firearms and Explosives in response to ATF’s January 2011 “Study on the Importability of Certain Shotguns.”

Link to comments

National Taxpayers Union v Social Security Administration Amicus Brief in Support of Petitioner U.S. Supreme Court

Michael Harless Administrative Law, Constitutional Law, Nonprofit Law, U. S. Supreme Court

Today, our firm filed an amicus curiae brief in the U.S. Supreme Court in support of petitioner National Taxpayers Union. At issue in this case is the constitutionality of a statute — section 1140 of the Social Security Act — which was misused to uphold significant penalties against National Taxpayers Union for engaging in core political speech, entitled to the strongest First Amendment protection Read More

BATF Firearm Civil Forfeiture Procedures and Policies: An Attorney’s Guide

Michael Harless Administrative Law, Firearms Law, Publications

On behalf of Gun Owners Foundation, our firm authored “BATF Firearm Civil Forfeiture Procedures and Policies: An Attorney’s Guide” on July 4, 2007. The guide is intended to provide a procedural overview for attorneys unfamiliar with civil forfeiture law as it applies to firearms, including what to expect from the BATF, and how to go about recovering seized assets.
This manual has Read More

Free Speech Coalition Initial Comments on Cooperative Mail Rule

Michael Harless Administrative Law, Postal Law

On behalf of the Free Speech Coalition, we filed Initial Comments in Postal Regulatory Commission Docket No. PI2008 4 requesting that the Commission make no change to the cooperative mail rule (CMR) in the Postal Service’s regulations that was revised by the Postal Service in 2003. The Commission is reviewing the CMR pursuant to the Postal Accountability and Enhancement Act, Pub. L. 109 435, Section Read More