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

United States v. Kettler — Reply Brief

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

Today, we filed a reply brief responding to the Government’s brief in opposition on behalf of Jeremy Kettler.  Mr. Kettler was convicted in federal district court of possessing a firearm noise suppressor that was not registered to him pursuant to the National Firearms Act (“NFA”).  Read our previous discussion of the case and opening brief here.

Read Reply Brief here.

 

Third Set of Comments filed with Bureau of Alcohol, Tobacco, Firearms & Explosives opposing Multiple Rifle Sale Reporting

Jeremiah Morgan Administrative Law, Firearms Law

Today, our firm filed comments on behalf of Gun Owners of America, Inc. and Gun Owners Foundation, expressing opposition to the ATF’s continuing effort to require federally licensed firearms dealers (FFL’s) to report to ATF information regarding the sale of multiple rifles.

Purportedly concerned about firearms being trafficked to Mexican drug cartels, about six years ago ATF created a new requirement Read More

United States v. Kettler

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

Today, we filed a brief in the U.S. Court of Appeals for the Tenth Circuit as co-counsel for the defendant, Jeremy Kettler. Mr. Kettler was convicted in federal district court of possessing a firearm noise suppressor that was not registered to him pursuant to the National Firearms Act (“NFA”).

In purchasing his suppressor, Mr. Kettler had relied on the Kansas Second Amendment Protection Act which Read More

Soto v. Bushmaster

admin Firearms Law, Supreme Court of Connecticut

Today, May 30, 2017, we filed an amicus brief in the Connecticut Supreme Court in support of gun manufacturers Bushmaster and Remington, who had been sued by the families of the Sandy Hook school shooting victims.

The plaintiffs in the case had brought a “negligent entrustment” claim, arguing that the AR-15 style rifle should never have been sold because it was foreseeable that it would be used Read More

Hamilton v. Pallozzi

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

Today, we filed our second amicus brief in this case, in support of a petition for rehearing en banc in the U.S. Court of Appeals for the Fourth Circuit.  We urged the Fourth Circuit to rehear the case, because the panel decision ignored the requirements of the U.S. Constitution’s Full Faith and Credit clause.  The issue involved a Maryland resident’s right to purchase and Read More

GOA/GOF Comments to ATF on Proposed Changes to Form 7

admin Firearms Law

Today, our firm filed comments with the Bureau of Alcohol Tobacco and Firearms (“ATF”) in response to the ATF’s proposal to combine the federal application to be a firearms dealer (“Form 7”) with the application to be a Collector of Curios and Relics.  As our comments pointed out, ATF’s proposed new combined form is an attempt to combine apples and oranges.  Dealers (businesses) Read More

GOA/GOF Comments to ATF on Proposed Changes to Form 4473

admin Administrative Law, Firearms Law

Today our firm filed comments on behalf of Gun Owners of America, Inc. and Gun Owners Foundation opposing the proposed changes to the Form 4473, a form ATF claims continues to be necessary, though it is not required by any federal law.

Our comments explain how the proposed additions to the Form 4473 are unnecessarily confusing and often unauthorized.  The form is already complex, presenting a legal Read More

GOA/GOF Comments to ATF on Secure Gun Storage

admin Administrative Law, Firearms Law

Today our firm filed comments on behalf of Gun Owners of America, Inc. and Gun Owners Foundation opposing proposed regulations issued by ATF to require not only firearms dealers, but also manufacturers and importers, to certify that secure gun storage or safety devices are maintained anywhere firearms are sold.

Our comments explain how ATF’s proposed regulations would purportedly “implement” Read More

Grace v. District of Columbia

admin Firearms Law, U. S. Court of Appeals, District of Columbia Circuit

Today, we filed a brief in the U.S. Court of Appeals for the District of Columbia in support of a challenge to the D.C. Concealed Carry statute which was brought by Matthew Grace and others.  Our brief argues that the District of Columbia Council based its argument on the notion of hidden exceptions to the Bill of Rights, and a flawed understanding of the difference between the restricted nature Read More

Hamilton v. Pallozzi

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

Today our firm filed an amicus brief in the U.S. Court of Appeals for the Fourth Circuit supporting the right of a Maryland resident to purchase and possess firearms despite a prior conviction. Hamilton had been convicted of a non-violent felony in Virginia and served his sentence. Later, Virginia restored his civil rights, and then a Virginia Court specifically restored his firearms rights.

Now Read More

Justice Thomas Asks First Questions in 10 years — Drawn from our Amicus brief!!!

admin Firearms Law, U. S. Supreme Court

There must be something special about LEAP DAY.

Today, for the first time in a decade, Justice Clarence Thomas asked a question during the oral argument of Voisine v. United States in the U.S. Supreme Court.   And, his question was drawn from an amicus brief we filed in that case!!! And ours was the only amicus brief filed in support of Voisine.

The Voisine case involves the infamous Lautenberg Read More

Voisine v. United States

admin Firearms Law, U. S. Supreme Court

Today we made our 10th filing in 10 years opposing various applications of what is known as the so-called “Lautenberg Amendment,” which purports to impose a lifetime ban on firearms ownership on those who commit certain misdemeanors. The anti-gun lobby seeks to strip gun ownership from as many persons as possible, even if the misdemeanor was a minor matter, involving neither firearms Read More

Hollis v. Lynch — Amicus Brief

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

Today, our firm filed in the U.S. Court of Appeals for the Fifth Circuit an amicus brief in support of a challenge to the federal machine gun ban, ironically passed as part of the 1986 Firearm Owners Protection Act.

Under the Gun Control Act (“GCA”), “persons” are generally prohibited from possessing machineguns. A “person” is defined to include entities such a Read More

United States v. Robert G. Arwady and Richard P. Medrano
Verdict in — Both defendants Not Guilty on all counts

admin Firearms Law, Litigation, U. S. District Court, Southern District of Texas

Rob Olson has called in to report that after two hours of deliberation, the jury has come back with a Not Guilty verdict on all counts.

Bob Arwardy and Richard Medrano were accused of participating in a “straw purchase” of firearms on February 27, 2014 and other firearms offenses in an eight count indictment.   After significant motions practice, including work by both Rob Olson and Read More