Reply to Virginia’s Response in Opposition filed in Virginia Supreme Court on Virginia Governor Northam’s Gun Ban EO

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

After we filed our Emergency Petition for Review last night, this morning at about 9:15 am, the Solicitor General of Virginia filed his Response in Opposition.  We filed our Reply to that Opposition about 1:00 pm.  The Virginia Supreme Court issued an Order denying our Petition for Review about 6:15 pm.

Emergency Petition for Review filed Against Virginia Governor Northam’s Gun Ban EO

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

About 6:00 pm this evening, we filed in the Virginia Supreme Court an Emergency Petition for Review asking the Court to enjoin Governor Northam’s Executive Order banning firearms on the grounds of the Virginia Capitol, as unauthorized by law, in violation of law (Virginia Code section 44-146.15) , and unconstitutional.  (See next entry.)

Complaint & Application for Temporary Injunction Against Virginia Governor Northam’s Gun Ban EO

admin Constitutional Law, Firearms Law, Litigation, Richmond Circuit Court, Statutory Construction

About noon on Wednesday, January 15, Virginia Governor Ralph Northam declared a state of emergency in Virginia and issued Executive Order 49,  which temporarily bans the possession or carrying of firearms in Richmond on Lobby Day (Monday, January 20).  Today, Thursday, January 16, about noon, on behalf of Gun Owners of America and Virginia Citizens Defense League, and three individuals, our firm filed a Complaint and Application in the the Circuit Court for the City of Richmond, seeking a temporary injunction against the Governor’s order.   In this case, we are working with David G. Browne, Esquire of Spiro and Browne,  in Richmond.  A hearing was held before Judge Joi Jeter Taylor from 1:30 to 2:30 pm.  Judge Taylor issued an Order denying our Application at 4:31 pm.  (This led to our filing an Emergency Petition for Review in the Virginia Supreme Court about 6:00 pm (see next entry).

FOIA Bombshell Disclosure — CU v. U.S. Department of State

admin FOIA Law, Litigation, Press Coverage

Today we obtained for Citizens United, from FOIA litigation against the State Department, key documents concerning the FISA Warrants against Trump Campaign workers. For the first time, these documents demonstrate that even before the first FISA Application was filed, the FBI and Justice Department were on notice that the Steele dossier was unverifiable, contained errors, was politically generated, Read More

Bump Stocks: Emergency Application for Stay by SCOTUS Pending Appellate Review

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

Today our firm filed an emergency application for stay with the U.S. Supreme Court (directed to Justice Sotomayor, Circuit Justice for the Sixth Circuit), requesting that the Court stay the effective date of the ATF’s Final Rule banning bump stocks pending review of the case by the Sixth Circuit.

Link to application for stay

Bump Stocks: GOA Files 28(j) Letter in Sixth Circuit

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

Today our firm filed a 28(j) letter with the Sixth Circuit, citing additional information in the D.C. Circuit cases of Guedes and Codrea.  We point out that although the courts have issued stays in these and similar cases, the stays only apply to the specific appellants in each case, and do not grant the nationwide relief to bump stock owners being sought by Gun Owners of America, et al.

Link to letter

Bump Stocks: Emergency Petition for Writ of Mandamus Filed in Sixth Circuit

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

The ATF reclassification of bump stocks as machineguns will take effect on Tuesday, March 26.  The federal district court in which we challenged this classification change has yet to rule on our motion for an injunction.  Therefore, we were forced to file this emergency petition in the U.S. Court of Appeals for the Sixth Circuit.

Link to petition

Bump Stocks: Gun Owners of America files Motion for Preliminary Injunction Against Bumpstock Regulations

admin Administrative Law, Litigation, U. S. District Court, Western District of Michigan

Today, our firm filed a motion for a preliminary injunction, seeking to stop the Bumpstock regulations from going into effect on March 26, as planned.

(Plaintiffs’) Motion for Preliminary Injunction (December 26, 2018)

(Plaintiffs’) Memorandum in Support of Motion for a Preliminary Injunction (December 26, 2018)

(Plaintiffs’) Party Declarations (December 26, 2018)

Read More

Bump Stocks: Gun Owners of America files Challenge to ATF Bumpstock Regulations

admin Administrative Law, Litigation, U. S. District Court, Western District of Michigan

Today, ATF published in the Federal Register its final regulations imposing a total ban on private ownership of bumpstocks, overruling numerous prior ATF decisions.  Later that same day, our firm filed a chellenge to this regulation on behalf of Gun Owners of America, Guy Owners Foundation, Virginia Citizen Defense League, and three individuals — Matt Watkins, Tim Harmsen and Rachel Malone.  Read More

Colorado Appellate Court Reverses Trial Court as to Some Colorado Gun Restrictions

Michael Harless Litigation

Our firm has been pleased to be co-counsel on a state constitutional challenge to the 2013 Colorado firearms gun control laws restricting possession of “high capacity” magazines and requiring background checks for private sales.  The Colorado Court of Appeals reversed the trial court, holding that we were entitled to a hearing on the magazine issue, but affirmed the background check issue.  Read More

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

Michael Harless 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

Rocky Mountain Gun Owners v. Hickenlooper — Reply Brief

Michael Harless Colorado Court of Appeals, Firearms Law, Litigation

On July 1, 2015, our firm again joined with co-counsel Barry K. Arrington, Esquire to file in the Colorado Court of Appeals a Reply Brief. We counter the arguments in Colorado’s brief which asked the Court to affirm the district court’s order dismissing our complaint challenging Colorado’s new gun laws.

Link to brief

Hedgepath v. Bentley — Chief Justice Roy Moore Response to Motion to Dismiss

Michael Harless Constitutional Law, Litigation, U. S. District Court, Southern District of Alabama

Today, representing Alabama Supreme Court Chief Justice Roy Moore, our firm joined with Alabama local counsel Douglas McElvy in filing a Motion to Dismiss a suit filed against certain Alabama state officials seeking to penalize their opposition to same sex marriage. A Brief in Support of the Motion was also filed.

Rocky Mountain Gun Owners v. Hickenlooper — Brief filed

Michael Harless Colorado Court of Appeals, Firearms Law, Litigation

On March12, 2015, our firm joined with co-counsel with Barry K. Arrington, Esquire of Centennial, Colorado, and filed in the Colorado Court of Appeals a brief challenging the constitutionality of the recent 2013 Colorado laws banning so-called “large capacity” magazines and requiring criminal background checks for all private transfers of firearms.

In 2013, representing the National Association Read More

Order Granting TSCL Motion in Part in FOIA Case Seeking Documents on US/Mexico Totalization Agreement

Michael Harless FOIA Law, Litigation

On October 30, 2013, the U.S. District Court for the District of Columbia ordered the disclosure of certain records relating to the U.S./Mexico Social Security Toatalization Agreement that we have been seeking for our client, The Senior Citizens League. Here is the Order and the Opinion.

A story about this decision appeared in Courthouse News Service entitled 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

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

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

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

Today our firm filed Plaintiff’s Reply to Defendant’s Opposition to 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.

Our reply responds to the following ATF opposition and Read More