Yukutake v. Hawaii — 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 Court of Appeals to help defend a decision of the district court of Hawaii striking down two state restrictions on firearms purchase. Hawaii law requires that even after obtaining a permit to purchase a specific handgun, the permit expired after 10 days, and then the firearm must be physically carried to a police station for inspection. Read More

Cargill v. Garland — Amicus Brief

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

Today, our firm filed an amicus brief in support of a petition for rehearing en banc in a case challenging the bump stock ban. Our brief explained that bump stocks do not convert a semiautomatic firearm into a machinegun, and that only Congress has the power to amend the text of statutes. Finally, we explained that the district court’s and the court of appeals panel’s conclusions contradicted Read More

Rob Olson Presents Oral Argument before En Banc Sixth Circuit in Bumpstock Case

Jeremiah Morgan Administrative Law, Appearances, Firearms Law, Litigation

Today, Rob Olson presented oral argument before the U.S. Court of Appeals for the Sixth Circuit sitting en banc in our continuing litigation against ATF’s bump stock regulation issued in December 2018. The Sixth Circuit granted rehearing en banc after a three-judge panel ruled against the bump stock ban earlier this year. Audio of the oral argument is available.

Link to oral argument audio

New York State Rifle & Pistol Association v. Bruen — SCOTUS Merits

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

Today we filed an amicus brief in the U.S. Supreme Court supporting a challenge to the virtual ban on concealed carry in New York State.   The brief was filed on behalf of Gun Owners of America, Gun Owners Foundation, and the Heller Foundation.  We critique the Second Circuit case in Kachalsky v County of Westchester, explain how the New York licensing scheme undermines the prefatory Read More

Young v. Hawaii

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

We filed our second brief in the Young v. Hawaii challenge to Hawaii’s virtual total ban on carrying firearms in the State of Hawaii. Our earlier brief was filed before the Ninth Circuit en banc. This brief was filed in the U.S .Supreme court in support of Young’s Petition for Certiorari. We urge the Court to overturn the two-step test used in many Second Amendment challenges. We also challenge the “longstanding” ban in Hawaii, most of which occurred during the time Hawaii was governed by a Monarchy. We demonstrate why certiorari should be granted even though New York State Rifle & Pistol Association v. Corlett is pending before the court. And we trace the numerous criticisms by Justices and Judges as to how the lower courts have treated the Second Amendment since Heller and McDonald.

Link to brief

GOA & GOF Comments Opposing ATF Re-Definition of “Frame or Receiver.”

admin Administrative Law, Firearms Law

Today we filed comments with the ATF on behalf of our clients Gun Owners of America and Gun Owners Foundation.  These comments relate to Docket No. ATF 2021R-05:  “Definition of ‘Frame or Received’ and Identification of Firearms.”  These Comments explain why ATF has no authority to make these changes in the definition of “frame or receiver” set out in 8 U.S.C. Section 921(a)(3).

Link to Comments

Duncan v. Bonta

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

Today, we filed an amicus brief attacking the constitutionality of a
California ban on standard capacity magazines, which the California law
mislabels as “Large Capacity Magazines.” The District Court and Ninth
Circuit panel both ruled for that the laws were unconstitutional, and
the Ninth Circuit granted rehearing en banc. Our brief defends the
decision Read More

Crawford v. Pennsylvania — Defending Gun Rights of Philadelphians

admin Constitutional Law, Firearms Law, Pennsylvania Commonwealth Court

Today, we filed an brief for Gun Owners of America, Inc. and other nonprofits opposing Philadelphia’s challenge to the constitutionality of Pennsylvania’s long-standing firearms preemption statute.  That statute prevents Philadelphia from imposing greater firearms restrictions on its residents than those approved by the General Assembly for Pennsylvania as a whole.  Philadelphia bases Read More

VCDL/GOA/GOF v. City of Winchester (Virginia) — Complaint for Declaratory Relief, Application for Temporary and Permanent Injunction, and Petition for Writ of Mandamus

admin Circuit Court for the City of Winchester, Virginia, Constitutional Law, Firearms Law, Litigation

Together with Gilbert Ambler of the Ambler Law Offices, LLC (Winchester, VA) and David Browne of Spiro & Browne, LLC (Richmond, VA), we filed suit challenging a Winchester ordinance regulating possession of firearms.  The case Read More

Victory in the Sixth Circuit on Bumpstocks

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

In a 2-1 decision issued today, the U.S. Court of Appeals for the Sixth Circuit gave a victory to Gun Owners of America and Virginia Citizens Defense League in their challenge to the ATF Bumpstock regulations issued December 26, 2018.  The opinion was written by Judge Alice M. Batchelder.  Robert Olson of our firm argued the case in the Sixth Circuit, December 11, 2019.

Link to decision

Wade v. Regents of the University of Michigan

admin Constitutional Law, Firearms Law, Michigan Supreme Court

Today our firm filed an amicus brief in support of a challenge to the University of Michigan’s infringement on the Second Amendment rights of its students.  We explain why the university’s ordinance violates the U.S. Constitution, the Michigan Constitution, and various decisions of the U.S. Supreme Court, including District of Columbia v. Heller.

Link to brief

Mai v. United States

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

Today our firm filed an amicus brief urging the Supreme Court to review a Ninth Circuit decision which allowed a ban on gun possession by a man who had suffered a mental health crisis as a minor, but who had since then been found by the State of Washington not to be a danger to himself or to others.  Nevertheless, as the Ninth Circuit has done in every Second Amendment challenge brought before Read More

Caniglia v. Strom

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

Today our firm filed an amicus brief in support of a challenge to a First Circuit decision which upheld an illegal search and seizure of firearms by police after a Petitioner husband and his wife had a non-violent, non-threatening argument.  Tired of arguing with his wife, the husband threw down an unloaded handgun and said something like “just shoot me.”  The next day the police showed Read More

Ehlert v. Settle: Petition for Review

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

Today we filed a petition for review in the Virginia Supreme Court seeking review of Lynchburg Circuit Court Judge Patrick Yeatts’ denial of a portion of our application for temporary injunction. Judge Yeatts issued a temporary injunction against the Virginia State Police to bar enforcement of one of the Northam gun bills barring 18 to 20 year old Virginians from purchasing handguns in private Read More

Rodriguez v. City of San Jose

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

Today our firm filed an amicus brief urging the U.S. Supreme Court to review an inexplicable Ninth Circuit decision upholding an illegal search and seizure of firearms by the San Jose Police after her husband had a mental health crisis. Seven years after that seizure, the City of San Jose, California is still refusing to return her firearms to her. Even though Lori Rodriguez is not a disqualified person, more than seven years later, she is still fighting a court battle to recover those firearms, a battle which is now before the U.S. Supreme Court.

Link to brief

Lynchburg Range & Training v. Northam (Lynchburg Circuit Court, after remand from federal district court)

admin Circuit Court for the City of Lynchburg, Virginia, Constitutional Law, Firearms Law, Health Law

After remand of our case to Lynchburg Circuit Court, we filed a number of documents in state court on April 23, 2020, and on April 27, 2020, Judge Yeatts issued an injunction against Governor Northam, with an opinion letter.

Link to  Plaintiffs’ Read More