Reply to Virginia’s Response in Opposition filed in Virginia Supreme Court on Virginia Governor Northam’s Gun Ban EO

admin Constitutional Law, Firearms Law, Litigation, Statutory Construction, Virginia Supreme Court

After we filed our Emergency Petition for Review last night, this morning at about 9:15 am, the Solicitor General of Virginia filed his Response in Opposition.  We filed our Reply to that Opposition about 1:00 pm.  The Virginia Supreme Court issued an Order denying our Petition for Review about 6:15 pm.

Emergency Petition for Review filed Against Virginia Governor Northam’s Gun Ban EO

admin Constitutional Law, Firearms Law, Litigation, Statutory Construction, Virginia Supreme Court

About 6:00 pm this evening, we filed in the Virginia Supreme Court an Emergency Petition for Review asking the Court to enjoin Governor Northam’s Executive Order banning firearms on the grounds of the Virginia Capitol, as unauthorized by law, in violation of law (Virginia Code section 44-146.15) , and unconstitutional.  (See next entry.)

Complaint & Application for Temporary Injunction Against Virginia Governor Northam’s Gun Ban EO

admin Constitutional Law, Firearms Law, Litigation, Richmond Circuit Court, Statutory Construction

About noon on Wednesday, January 15, Virginia Governor Ralph Northam declared a state of emergency in Virginia and issued Executive Order 49,  which temporarily bans the possession or carrying of firearms in Richmond on Lobby Day (Monday, January 20).  Today, Thursday, January 16, about noon, on behalf of Gun Owners of America and Virginia Citizens Defense League, and three individuals, our firm filed a Complaint and Application in the the Circuit Court for the City of Richmond, seeking a temporary injunction against the Governor’s order.   In this case, we are working with David G. Browne, Esquire of Spiro and Browne,  in Richmond.  A hearing was held before Judge Joi Jeter Taylor from 1:30 to 2:30 pm.  Judge Taylor issued an Order denying our Application at 4:31 pm.  (This led to our filing an Emergency Petition for Review in the Virginia Supreme Court about 6:00 pm (see next entry).

Fauquier County (Virginia) Board of Supervisors Hearing on Second Amendment Sanctuary Resolution

admin Appearances, Firearms Law

Tonight, approximately 3,000 people came out to support Fauquier County, Virginia adopting a Second Amendment Sanctuary Resolution.  Rob Olson spoke out in favor of the resolution supported by Virginia Civilian Defense League (VCDL), but against the watered down version that had been proposed.  As he advised the elected officials:  “Let’s do better than this.  Let’s grow a spine and adopt something that’s meaningful.”  Watch the video here.

Article: “Sixth Circuit Hears Debate Over Legality of Bump Stocks”

admin Appearances, Firearms Law, Press Coverage

L-R: Rob Olson and Erich Pratt.

L-R: Rob Olson and Erich Pratt.

Today, Rob Olson presented oral argument before the U.S. Court of Appeals for the Sixth Circuit in our continuing litigation against ATF’s bump stock regulation issued in December 2018. The issue today before the court was the correctness of District Judge Paul Maloney’s ruling denying our motion for a preliminary injunction against the regulation. This article in CourthouseNews discusses the oral argument.

Link to article

ATF Firearms Industry Operations Manual Obtained via GOA FOIA Request

admin Firearms Law, Press Coverage

John Crump of Ammoland wrote an article about Gun Owners of America obtaining from ATF its internal “Firearms Industry Operations Manual.”   This manual allows FFLs to better prepare for inspections by ATF. The manual was obtained by GOA in a matter our firm handled   A PDF of the manual is available here.

Link to article

Duncan v. Becerra

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

Today our firm filed an amicus brief in a challenge to a California law limiting the capacity of magazines to 10 rounds.  We explain that the two-step test used by the lower federal courts undermines the U.S. Supreme Court decisions in Heller and McDonald.  And we explain that weapons useful in military service are exactly the type of weapons covered by the Second Amendment under United States v. Miller and Heller.

Link to brief

Bump Stocks: Gun Owners of America v. Barr — Reply Brief

admin Firearms Law, Statutory Construction, U. S. Court of Appeals, Sixth Circuit

Today we filed our reply brief in the Sixth Circuit challenge to the ATF bumpstock regulations brought by Gun Owners of America. The issue is the district court’s refusal to issue a preliminary injunction to stop the ATF from declaring bump stocks contraband, by classifying them as machine guns.

Link to brief

Remington Arms v. Soto

admin Constitutional Law, Firearms Law, U. S. Supreme Court

Today we filed our second amicus brief in the defense of a firearms manufacturer who was sued in Connecticut after the Sandy Hook shooting. Our prior brief was in the Connecticut Supreme Court. This brief supports the manufacturer’s effort to obtain review by the U.S. Supreme Court. Most of the plaintiffs’ theories were rejected by the Connecticut Supreme Court, but it allowed the case to proceed based on advertising that supposedly would have appealed to young males to conduct shootings. Our brief explains why the Connecticut Court erred in its creation of a huge exception to the federal Protection of Lawful Commerce in Arms Act, a statute designed specifically to protect firearms manufacturers and dealers from suits such as this one.

Link to brief

Bump Stocks: Gun Owners of America v. Barr — Brief for Appellants

admin Firearms Law, U. S. Court of Appeals, Sixth Circuit

Today we filed our opening brief in the Sixth Circuit case of Gun Owners of America v. Barr — challenging the district court’s refusal to issue a preliminary injunction to stop the ATF total ban on the private ownership of bump stocks.

Link to brief

Johnson v. United States

admin Constitutional Law, Firearms Law, U. S. Supreme Court

Today we filed an amicus brief urging the U.S. Supreme Court to re-examine its Terry v. Ohio, stop-and-frisk doctrine. Although Terry stop and frisks were limited to a search for weapons, in this case one was used to justify seizing a bullet. Since that decision in 1968, both Fourth and Second Amendment law has changed. The property basis of the Fourth Amendment has been re-established, and the Read More

New York State Rifle & Pistol Association v. City of New York (Merits)

admin Constitutional Law, Firearms Law, U. S. Supreme Court

Today we filed our second amicus brief in support of a challenge to New York City’s near prohibition on transporting firearms.  This is the first Second Amendment case that the U.S. Supreme Court has heard since Heller (2008) and McDonald (2010).  Our brief details the lower courts’ open prejudice against gun rights and its disregard for the Supreme Court’s protection of Second Read More

Bump Stocks: Emergency Application for Stay by SCOTUS Pending Appellate Review

admin Firearms Law, Litigation, U. S. Supreme Court

Today our firm filed an emergency application for stay with the U.S. Supreme Court (directed to Justice Sotomayor, Circuit Justice for the Sixth Circuit), requesting that the Court stay the effective date of the ATF’s Final Rule banning bump stocks pending review of the case by the Sixth Circuit.

Link to application for stay

Bump Stocks: GOA Files 28(j) Letter in Sixth Circuit

admin Firearms Law, Litigation, U. S. Court of Appeals, Sixth Circuit

Today our firm filed a 28(j) letter with the Sixth Circuit, citing additional information in the D.C. Circuit cases of Guedes and Codrea.  We point out that although the courts have issued stays in these and similar cases, the stays only apply to the specific appellants in each case, and do not grant the nationwide relief to bump stock owners being sought by Gun Owners of America, et al.

Link to letter

Bump Stocks: Emergency Petition for Writ of Mandamus Filed in Sixth Circuit

admin Firearms Law, Litigation, U. S. Court of Appeals, Sixth Circuit

The ATF reclassification of bump stocks as machineguns will take effect on Tuesday, March 26.  The federal district court in which we challenged this classification change has yet to rule on our motion for an injunction.  Therefore, we were forced to file this emergency petition in the U.S. Court of Appeals for the Sixth Circuit.

Link to petition

Jeremy Kettler v. United States

admin Constitutional Law, Firearms Law, Statutory Construction, U. S. Supreme Court

Today, we filed a Petition for Certiorari on behalf of Jeremy Kettler, who was convicted of possessing an unregistered firearm suppressor.  Our petition asks the Supreme Court to review the Tenth Circuit’s decision, and to determine whether the National Firearms Act continues to be an appropriate exercise of Congress’s taxing power due to the many changes that have been made to the Read More

Young v. Hawaii

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

Today we filed an amicus brief opposing a request for rehearing by the State of Hawaii of a Ninth Circuit decision which overturned Hawaii’s virtual ban on citizens bearing weapons.  We opposed Hawaii’s argument that its laws against carrying firearms were long-standing, explaining that those laws existed when Hawaii was a monarchy where the reigning king or queen was sovereign — not as in the United States where the people are sovereign.

Link to brief

Comments to ATF Opposing Bump Stock Restrictions (Round 2)

admin Administrative Law, Firearms Law

Today we submitted another set of comments to ATF opposing its Notice of Proposed Rulemaking which would reverse long-standing ATF policy to determine, in violation of federal law, that a “bump fire” stock constitutes a “machinegun.”  Our comments were filed on behalf of Gun Owners Foundation.  Earlier, on January 18, 2018, we filed comments for GOF on the ATF’s Advance Notice of Proposed Rulemaking.

Link to comments