U.S. Justice Foundation Comments to HHS on HIPAA Privacy Rule and the NICS System

Michael Harless Administrative Law, Firearms Law

Our firm filed comments for U.S. Justice Foundation with the U.S. Department of Health and Human Services (“HHS”) opposing its Proposed Rule designed to decrease the number of Americans who may possess firearms, particular adversely affecting Veterans.

Our comments explain that the HIPAA Privacy Rules have been perverted from their original purpose to enhance patient confidences. Especially, Read More

Gun Owners Foundation Comments to HHS on HIPAA Privacy Rule and the NICS System

Michael Harless Administrative Law, Firearms Law

Our firm filed comments for Gun Owners Foundation with the U.S. Department of Health and Human Services (“HHS”) opposing its Proposed Rule designed to decrease the number of Americans who may possess firearms, even for self defense in the home.

The HHS Proposed Rule (“PR”) is one of the “23 executive actions” announced by the Obama Administration allegedly in response to the Newtown, Read More

Drake v. Jerejian — Amicus Brief challenging New Jersey’s Concealed Carry Laws

Michael Harless Constitutional Law, Firearms Law, U. S. Supreme Court

In New Jersey, it is a crime to possess a firearm unless you can prove that you fit within one or more tightly-drawn statutory exemptions. One exemption allows a person to have a handgun on his own property, but he may not step one foot beyond unless the gun is fully disabled and he is heading to an approved destination.

New Jersey carry permits are like honest politicians — they are rumored to Read More

Quinn v. Texas Brief Filed Opposing No-Knock Home Raids

Michael Harless Firearms Law, U. S. Supreme Court

Every day we read about SWAT teams serving arrest warrants or search warrants at people’s homes, using no-knock raids in the middle of the night. Many of these police home invasions go wrong, with innocent people being shot, and sometimes killed, just because they were trying to defend themselves.  Even criminals have learned to claim that they are the police while breaking into homes, to discourage Read More

United States v. James Alvin Castleman Amicus Brief in the United States Supreme Court

Michael Harless Firearms Law, U. S. Supreme Court

On December 23, 2013, our firm filed an amicus curiae brief in the U.S. Supreme Court in U.S. v. Castleman, in support of the grant of a petition for certiorari. This case involves the meaning of the term “physical force” contained in the federal law defining misdemeanor crimes of domestic violence (“MCDV”), popularly known as the Lautenberg Amendment

Passed in 1996, the Lautenberg Amendment Read More

Comments to ATF on NFA Weapons

Michael Harless Administrative Law, Firearms Law

Today, our firm submitted comments on behalf of Gun Owners of America and Gun Owners Foundation to the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) opposing an ATF Notice of Proposed Rulemaking.

ATF’s proposed rule PR would change the requirements for applications to make or transfer certain National Firearms Act firearms and devices. Many CLEOs are opposed to an armed citizenry Read More

Bruce James Abramski v. US — Amicus Brief in the United States Supreme Court (on the Merits)

Michael Harless Firearms Law, U. S. Supreme Court

Today, our firm filed an amicus curiae brief in the U.S. Supreme Court in Abramski v. United States, in a case challenging the Bureau of Alcohol, Tobacco, and Firearms’ (ATF) definition of what constitutes an illegal “straw purchase” of a firearm. This case involves one of the greatest instances of regulatory and prosecutorial abuse that we have ever seen.

The concept of a “straw purchase” Read More

Rocky Mountain Gun Owners et al. v. John C. Hickenlooper Complaint in the District Court, City and County of Denver, Colorado

Michael Harless District Court, City and County of Denver, Colorado, Firearms Law, Litigation

Today a complaint was filed in the case of Rocky Mountain Gun Owners,et al. v. John C. Hickenlooper in the District Court, City and County of Denver, Colorado on behalf of plaintiffs Rocky Mountain Gun Owners, National Association for Gun Rights, Inc., John A. Sternberg, and DV-S,LLC, d/b/a Alpine Arms. This case is a constitutional challenge of two Colorado firearm laws, Read More

National Rifle Association, et al. v. Bureau of Alcohol, Tobacco, Firearms, and Explosives, et al. Amicus Brief for The Lincoln Institute for Research and Education, et al. in the United States Supreme Court

Michael Harless Firearms Law, U. S. Supreme Court

Today, our firm filed an amicus brief in the U.S. Supreme Court, in support of a petition for certiorari filed by the National Rifle Association, challenging the federal prohibition against the purchase of firearms by 18-20 year olds.

Our brief noted that in the five years since Heller was decided, the lower courts have refused to follow the Heller framework for deciding cases based Read More

Raymond Woollard, et al. v. Denis Gallagher, et al. Amicus Brief for Gun Owners Foundation, et al. in the United States Supreme Court

Michael Harless Constitutional Law, Firearms Law, U. S. Supreme Court

Today, our firm filed an amicus brief in the U.S. Supreme Court in support of a petition for certiorari challenging Maryland’s “good and substantial reason” requirement for those who apply for a concealed carry permit.

Since Heller, which involved the “keeping” of a handgun within the home, most lower federal courts have been unwilling to give Second Amendment Read More

Rosemond v. United States Amicus Brief for Gun Owners Foundation, et al. in the United States Supreme Court

Michael Harless Firearms Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of Justus Cornelius Rosemond v. United States in the United States Supreme Court in support of petitioner. Our amicus brief urges the Supreme Court to examine the question raised in this case in light of the recently decided case of Alleynev. United States’ new interpretation of Section 924(c)(1)(A), defining three Read More

Abramski v. United States Amicus Brief for Congressman Steve Stockman, et al. in the United States Supreme Court

Michael Harless Firearms Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of Bruce James Abramski, Jr. v. United States in the United States Supreme Court in support of petitioner. Our amicus brief argues that the petition should be granted because it raises compelling concerns about the administration of the national instant background check system that have not been, but should be, settled by the Supreme Read More

United States v. Reese Brief of Appellees in the U.S. Court of Appeals for the Tenth Circuit

Michael Harless Firearms Law, U. S. Court of Appeals, Tenth Circuit

On July 11, 2013, our firm filed an appellees’ brief in the U.S. Court of Appeals for the Tenth Circuit on behalf of three individuals in a family-owned Federal Firearms Licensee (FFL) located in Deming, New Mexico.

Four members of the Reese family had been acquitted by the jury of all but four counts of a 30-count indictment. Then, nearly four months after the trial was over, the Government Read More

GOF v. ATF Plaintiff’s Memorandum of Points and Authorities in Opposition to Defendant’s Motion for Open America Stay in the United States District Court for the District of Columbia

Michael Harless Firearms Law, FOIA Law, Litigation, U. S. District Court, District of Columbia

Today our firm filed Plaintiff’s Memorandum of Points and Authorities in Opposition to Defendant’s Motion for Open America Stay in the case ofGun Owners Foundation v. Bureau of Alcohol, Tobacco, Firearms and Explosives on behalf of plaintiff Gun Owners Foundation in the United States District Court for the District of Columbia.

Link to memorandum

Gun Owners of America, Inc. and Gun Owners Foundation Comments to ATF on “Requests to Exempt Certain Projectiles from Regulation as ‘Armor Piercing’ Ammunition”

Michael Harless Administrative Law, Firearms Law

Today our firm filed comments with the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) on behalf of Gun Owners of America, Inc. and Gun Owners Foundation pursuant to the ATF request for comments on the use of the “sporting purposes” exemption for “certain projectiles from regulation as ‘armor piercing’ ammunition.”

These comments were filed because “GOA and Read More

Raymond Woollard, et al. v. Denis Gallagher, et al. Amicus Brief for Gun Owners Foundation, et al. in the United States Court of Appeals for the Fourth Circuit

Michael Harless Constitutional Law, Firearms Law, U. S. Court of Appeals, Fourth Circuit

Today our firm filed an amicus brief in the case of Raymond Woollard, et al. v. Denis Gallagher, et al. in the United States Court of Appeals for the Fourth Circuit in support of plaintiffs-appellees and affirmance.

This case involves a challenge to the constitutionality of the State of Maryland’s handgun permit statute and regulatory scheme. Maryland requires an applicant for a license to carry Read More

GOF v. ATF Plaintiff’s Motion for Partial Judgment on the Pleadings in the United States District Court for the District of Columbia

Michael Harless Firearms Law, FOIA Law, Litigation, U. S. District Court, District of Columbia

Today our firm filed Plaintiff’s Motion for Partial Judgment on the Pleadings in the case of Gun Owners Foundation v. Bureau of Alcohol, Tobacco, Firearms and Explosives on behalf of plaintiff Gun Owners Foundation in the United States District Court for the District of Columbia. We filed the motion because the Government failed to respond to GOF’s FOIA request for 15 months, Read More

Gun Owners Foundation Files Suit to Obtain ATF Fast & Furious Records

Michael Harless Firearms Law, FOIA Law, Litigation, U. S. District Court, District of Columbia

On June 6, 2012, on behalf of Gun Owners Foundation, our firm filed a lawsuit in the U.S. District Court for the District of Columbia. The suit stemmed from an April, 2011 Freedom of Information Act request in which GOF sought records pertaining to the infamous “Fast and Furious” and program where ATF federal agents deliberately and incomprehensibly put firearms directly into the hands of Mexican Read More

Delroy Fischer v. United States — Reply Brief for Petitioner

Michael Harless Firearms Law, U. S. Supreme Court

Today our firm filed reply brief for petitioner in the case of Delroy Fischerv. United States of America in the United States Supreme Court. In this case, petitioner Fischer is asking the Supreme Court to resolve a circuit split over the question whether the use of force element of the predicate misdemeanor in a section 922(g)(9) prosecution is determined by factual findings found Read More

Delroy Fischer v. United States — Petition for Writ of Certiorari

Michael Harless Firearms Law, U. S. Supreme Court

Today our firm filed a petition for writ of certiorari in the case of Delroy Fischer v. United States of America in the United States Supreme Court. In this case, petitioner Fischer is asking the Supreme Court to resolve a circuit split over the question whether the use of force element of the predicate misdemeanor in a section 922(g)(9) prosecution is determined by factual findings Read More

Delroy Fischer v. United States Appellant’s Petition for Rehearing En Banc in the United States Court of Appeals for the Eighth Circuit

Michael Harless Firearms Law, U. S. Court of Appeals, Eighth Circuit

Today our firm filed appellant’s petition for rehearing en banc in the case of Delroy Fischer v. United States of America in the United States Court of Appeals for the Eighth Circuit.

Appellant, Delroy Fischer, was indicted under 18 U.S.C. § 922(g)(9)1 for possession of a firearm after having been convicted of a misdemeanor crime of domestic violence. Our petition argues that Fischer, and Read More

MSSA v. Holder, Amicus Brief for Gun Owners of America, Inc. in the U.S. Court of Appeals for the Ninth Circuit

Michael Harless Firearms Law, U. S. Court of Appeals, Ninth Circuit

Today our firm filed an amicus brief for Gun Owners of America, Inc., Gun Owners Foundation, and Virginia Citizens Defense League in the case ofMontana Shooting Sports Association, et al. v. Eric H. Holder, Jr. in the U.S. Court of Appeals for the Ninth Circuit in support of reversal. We previously filed an Read More

Smith v. Virginia Amicus Brief for Gun Owners of America, Inc. and Gun Owners Foundation in the Supreme Court of VIrginia

Michael Harless Firearms Law, Virginia Supreme Court

Today our firm filed an amicus brief in the case of Russell Ernest Smith v. Commonwealth of Virginia in the Supreme Court of Virginia on behalf of Gun Owners of America, Inc. and Gun Owners Foundation in support of appellant Smith. The issue in this case was whether Smith “willfully and intentionally” made a false statement (on a Form 4473) that he was not under indictment, Read More