Attorneys Alicia Kutzer and Bill Olson discuss the Protection of Lawful Commerce in Arms Act (PLCAA) and our Supreme Court amicus brief in Smith & Wesson Brands, Inc., et al., v. Mexico.
Law Matters — Episode 11
Alicia Kutzer and Bill Olson discuss our Amicus brief at the Supreme Court in Maryland Shall Issue, Inc. (MSI) v. Moore, a Second Amendment case.
Snope v. Brown — Amicus Brief
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
“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
Rhode v. Bonta — Amicus Brief in Second Appeal
Today, our firm filed our third amicus brief in the case challenging California’s background check requirement for ammunition purchases — our first amicus brief was filed in the prior appeal well before the Supreme Court’s decision in Bruen and the second
U.S. v. Daniels — Amicus brief on remand
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.
Fouts v. Bonta — Amicus Brief
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.
Nguyen v. Bonta — Amicus Brief
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
VCDL v. Roanoke — Reply Brief in Support of Motion for Temporary Injunction
Today, our firm with other Virginia co-counsel filed a Reply Brief in support of our Motion for a Temporary Injunction against the City of Roanoke’s ban on carry of firearms in public parks.
Texas v. ATF — Temporary Restraining Order Issued
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,
Antonyuk v. James — Reply Brief
Today, we filed a reply brief in support of our Petition for Writ of Certiorari, responding to New York’s arguments defending its Concealed Carry Improvement Act.
Gun Owners of America v. Raoul — Reply Brief
Our reply brief responds to arguments made by the Illinois respondents, urging the Supreme Court to grant our Petition for Writ of Certiorari challenging Illinois’ “assault weapons” ban.
Baird v. Bonta — Amicus Brief
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
Gun Owners of America v. Raoul — Petition for Certiorari
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
Maryland Shall Issue v. Moore — Amicus Brief
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
Antonyuk v. James — Petition for Certiorari
Today, our firm, with Stephen Stamboulieh, Esquire, filed a Petition for Writ of Certiorari, seeking review of the Second Circuit’s decision in upholding the New York Concealed Carry Improvement Act. Our petition seeks review of New York’s good moral character requirement as well as the expansion
Garland v. Cargill — Amicus Brief
Today, our firm filed our fifth amicus brief opposing the ATF’s Rule banning bumpstocks — and our third amicus brief in this case. Our amicus brief argued that the bumpstock rule was politically motivated and was not based on a better interpretation of the statutes relating to machineguns. We also explained how the technical mechanisms of a semi-automatic rifle operates, both with and
Miller v. Bonta — Amicus Brief
Today, our firm filed an amicus brief in an appeal on whether California’s so-called “assault weapons” ban violates the Second Amendment. Our brief described the various ways in which California has demonstrated its hostility to the Second Amendment and the Supreme Court’s decisions. We argue that the assault weapons ban violates the Second Amendment using the Bruen test.
Duncan v. Bonta — Amicus Brief
Today, our firm filed its fifth amicus brief in the Duncan saga, a case challenging California’s high-capacity magazine ban. Our brief argued that the case was not properly before the en banc panel for initial hearing en banc. We showed how California has a history of hostility to the Second Amendment and the Supreme Court’s decisions on that amendment. Finally, we explain how the magazine
Morehouse v. ATF — Petition for Rehearing En Banc
Today, our firm, with Stephen Stamboulieh, filed a Petition for Rehearing En Banc — joined by 17 States — in the Eight Circuit, in the challenge to the Biden Administration’s ATF rulemaking on frames and receivers.
United States v. Rahimi — Merits Amicus Brief
Today, our firm filed an amicus brief in the Supreme Court in defense of the proper Second Amendment interpretation recognized in D.C. v. Heller in 2008 and New York State Rifle & Pistol Association v. Bruen in 2022. This case involves the federal firearms ban on individuals who have certain types of restraining orders issued against them, 18 U.S.C. § 922(g)(8). To try to prevent the Bruen
Koons v. Platkin — Amicus Brief
Today, our firm filed an amicus brief in support of a challenge to a New Jersey law prohibiting concealed carry of a firearm in a large number of so-called “sensitive places.” Our brief explained how New Jersey’s effort to justify the law under the Supreme Court’s Bruen analysis of Second Amendment challenges falls woefully short.