Today, the Circuit Court for Winchester City issue a preliminary injunction against portions of Winchester’s ban on carrying firearms in certain areas of the city.
Yukutake v. Hawaii — Supplemental Amicus Brief
Today, our firm filed a supplemental amicus brief addressing the effect of the Supreme Court’s recent decision in New York State Rifle & Pistol Association v. Bruen on the Yukutake case. Our firm previously filed an amicus brief in support of Yukutake in the Ninth Circuit on May 2, 2022.
Duncan v. Bonta — Supplemental Amicus Brief on Remand
Today, we filed a supplemental amicus brief on remand, our fourth amicus brief in this case. Our brief recounted the two-step test overturned by the Supreme Court in Bruen, and put this case in the context of the various cases on remand within the Ninth Circuit since Bruen. It then explained how to apply Bruen to this case. Our brief also reminded the Ninth Circuit of
Cargill v. Garland — Supplemental Amicus Brief on Rehearing En Banc
Today, our firm file a supplemental amicus brief for the Fifth Circuit’s rehearing en banc of a challenge to the ATF’s bump stock rule. (We previously file an amicus brief in support of the petition for rehearing en banc.) Our brief argued that the bump stock rule was politically motivated and that bump
Morehouse v. ATF — Amended Complaint with 17 States Joining as Plaintiffs
Today, we filed an amended complaint adding 17 States as plaintiffs joining our lawsuit challenging the ATF’s new “frame or receiver” rule.
Stickley v. Winchester — Supplemental Brief
Today, we filed a Supplemental Memorandum in Support of Plaintiffs’ Motion for Temporary Injunction, responding to the court’s request for an update in light of the Supreme Court’s decision in NYSPRA v. Bruen.
Morehouse v. ATF — Complaint against “Frame or Receiver” Rule
Today, we filed a challenge to the Biden Administration’s ATF final rule revising the definition of “frame” or “receiver” which was published on April 26, 2022.
Torcivia v. Suffolk County — Amicus Supporting Petition for Certiorari
Today our firm filed an amicus brief in support of a challenge to a Second Circuit decision which upheld an illegal search and seizure of firearms in his home by police after Petitioner was taken for a mental health examination. The police now assert that the “special needs exception” to the Fourth Amendment permitted the search and seizure.
Our brief urges the Supreme Court to grant
Article: “JSD Supply Files Temporary Restraining Order Against ATF …as 2nd Co. Issued C&D”
Ammoland Shooting Sports News published an article on the lawsuit we filed on behalf of JSD Supply against the cease-and-desist letter received from the ATF.
Stickley v. Winchester — Reply to Opposition to Motion for Temporary Injunction
Today, together with Gilbert Ambler of the Ambler Law Offices, LLC (Winchester, VA) and David Browne of Spiro & Browne, LLC (Richmond, VA), we filed a Reply to the City of Winchester’s opposition to Plaintiffs’ Motion for a Temporary Injunction.
Yukutake v. Hawaii — Amicus Brief
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.
Cargill v. Garland — Amicus Brief
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
Article: “Full Sixth Circuit takes up legality of bump stocks”
Courthouse News Service has this article on the Sixth Circuit’s en banc oral argument in the bump stocks case.
Rob Olson Presents Oral Argument before En Banc Sixth Circuit in Bumpstock Case
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.
Roberts/GOA v. ATF
Today, as ordered by the Sixth Circuit, we filed a Supplemental Brief on the issue of Standing in our challenge to ATF’s revocation of the rights of licensed Michigan gun owners to purchase firearms without a NICS check.
New York State Rifle & Pistol Association v. Bruen — SCOTUS Merits
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
Young v. Hawaii
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.
GOA & GOF Comments Opposing ATF Re-Definition of “Frame or Receiver.”
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).
Duncan v. Bonta
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
Crawford v. Pennsylvania — Defending Gun Rights of Philadelphians
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
VCDL/GOA/GOF v. City of Winchester (Virginia) — Complaint for Declaratory Relief, Application for Temporary and Permanent Injunction, and Petition for Writ of Mandamus
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
Victory in the Sixth Circuit on Bumpstocks
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.