Snope v. Brown — Amicus Brief

ddavies Firearms Law, U. S. Supreme Court

Today, we filed an Amicus brief urging the U.S. Supreme Court to review a Fourth Circuit decision approving Maryland’s 2013 ban on “assault weapons.”   The banned firearms are ordinary semi-automatic weapons and most are “commonly used,” if not ubiquitous among the gun-owning public, except where banned by a few states.  We argue that the Fourth Circuit’s decision was really an attempt to circumvent Bruen.  We argue “the Second Amendment’s plain text covers an individual’s conduct” in possessing such a weapon. Our brief shows that the “plain text” of the Second Amendment presumptively protects bearable firearms and Maryland could provide no relevant historical analogues. Link to brief

“The Trace” Commentary on GOALS Summit in Knoxville

ddavies Election Law, Firearms Law, Press Coverage

“The Trace,” a website describing itself as “the only newsroom dedicated to reporting on gun violence,” covered the recent Gun Owners Advocacy and Leadership Summit in Knoxville.  The story stated:

“Many at the summit saw Harris as a threat to the continued vitality of that deterrent, not least because of her perceived determination to confiscate guns. Rallying gun Read More

U.S. v. Daniels — Amicus brief on remand

Jeremiah Morgan Constitutional Law, Firearms Law, U. S. Court of Appeals, Fifth Circuit

Today, our firm filed a second brief in a case challenging the constitutionality of 18 U.S.C. § 922(g)(3), this time on remand from the Supreme Court after it issued its decision in United States v. Rahimi. Our brief argued that Rahimi did not change the Bruen test that the Fifth Circuit had previously applied, and thus Rahimi would not change the outcome previously reached by the Fifth Circuit.

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Fouts v. Bonta — Amicus Brief

Jeremiah Morgan Constitutional Law, Firearms Law, U. S. Court of Appeals, Ninth Circuit

Today, our firm filed an amicus brief in the Ninth Circuit in support of a challenge to California’s ban on billy clubs. Applying Bruen, our brief explained that billy clubs are protected by the plain text of the Second Amendment. Even if historical analogues were review, California failed to provide any relevant precedent for its ban on sticks.

Link to brief

Nguyen v. Bonta — Amicus Brief

Jeremiah Morgan Constitutional Law, Firearms Law, U. S. Court of Appeals, Ninth Circuit

Today, our firm filed an amicus brief in an appeal in the Ninth Circuit, supporting a challenge to California’s law limiting firearm purchases to one per month. Our brief demonstrated that California’s law violates the Second Amendment by applying Bruen’s text and history test. The acquisition of firearms is clearly protected by the plain text of the Second Amendment, and the California Read More

Texas v. ATF — Temporary Restraining Order Issued

Jeremiah Morgan Administrative Law, Firearms Law, Litigation, U. S. District Court, Northern District of Texas

Last night, on the eve of the effective date of the ATF’s final rule “Definition of ‘Engaged in the Business’ as a Dealer in Firearms,” the U.S. District Court for the Northern District of Texas issued a temporary restraining order until June 2 against the enforcement of the rule against Texas, Jeffery Tormey, Gun Owners of America, Inc., Gun Owners Foundation, Tennessee Firearms Association, Read More

Baird v. Bonta — Amicus Brief

Jeremiah Morgan Constitutional Law, Firearms Law, U. S. Court of Appeals, Ninth Circuit

Today, our firm filed an amicus brief in a challenge to California’s near-complete ban on open carry of firearms. Our brief exposed how the district court rewrote the issues of the case so that it could reach its own predetermined decision, criticized and then rejected the Supreme Court’s decision in Heller and Bruen, and upheld yet another California law violating Read More

Gun Owners of America v. Raoul — Petition for Certiorari

Jeremiah Morgan Constitutional Law, Firearms Law, Litigation, U. S. Supreme Court

Today, our firm, with Stephen Stamboulieh, Esquire, filed a Petition for Writ of Certiorari, seeking review of the Seventh Circuit’s holding that the Illinois ban on so-called “assault weapons” does not violate the Second Amendment. Our petition explained how the Seventh Circuit resists the Supreme Court’s decisions on the Second Amendment, instead creating a dichotomy between Read More

Maryland Shall Issue v. Moore — Amicus Brief

Jeremiah Morgan Constitutional Law, Firearms Law, U. S. Court of Appeals, Fourth Circuit

Today, our firm filed an amicus brief in support of a challenge to Maryland’s handgun license requirement. Our brief set out the history of the Fourth Circuit’s rejection of the Supreme Court’s decisions on the Second Amendment, and demonstrated that the permit requirement violates the Second Amendment as well as the Bruen test. Our brief concluded by providing examples of individuals Read More