New York State Rifle & Pistol Association v. Bruen — SCOTUS Merits

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

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 Read More

Young v. Hawaii

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

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.

Link to brief

GOA & GOF Comments Opposing ATF Re-Definition of “Frame or Receiver.”

admin Administrative Law, Firearms Law

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).

Link to Comments

Duncan v. Bonta

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

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 Read More

Crawford v. Pennsylvania — Defending Gun Rights of Philadelphians

admin Constitutional Law, Firearms Law, Pennsylvania Commonwealth Court

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 Read More

Wade v. Regents of the University of Michigan

admin Constitutional Law, Firearms Law, Michigan Supreme Court

Today our firm filed an amicus brief in support of a challenge to the University of Michigan’s infringement on the Second Amendment rights of its students.  We explain why the university’s ordinance violates the U.S. Constitution, the Michigan Constitution, and various decisions of the U.S. Supreme Court, including District of Columbia v. Heller.

Link to brief

Mai v. United States

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

Today our firm filed an amicus brief urging the Supreme Court to review a Ninth Circuit decision which allowed a ban on gun possession by a man who had suffered a mental health crisis as a minor, but who had since then been found by the State of Washington not to be a danger to himself or to others.  Nevertheless, as the Ninth Circuit has done in every Second Amendment challenge brought before Read More

Caniglia v. Strom

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

Today our firm filed an amicus brief in support of a challenge to a First Circuit decision which upheld an illegal search and seizure of firearms by police after a Petitioner husband and his wife had a non-violent, non-threatening argument.  Tired of arguing with his wife, the husband threw down an unloaded handgun and said something like “just shoot me.”  The next day the police showed Read More

Rhode v. Becerra

admin Constitutional Law, Election Law, U. S. Court of Appeals, Ninth Circuit

Today our firm filed an amicus brief in support of a challenge to a California law which requires background checks for persons seeking to buy ammunition. Our brief explained the history of how the 9th Circuit has employed various legal tests and other techniques to allow certain judges hostile to gun rights to evade application of the Second Amendment, as written.

Link to brief

Ehlert v. Settle: Petition for Review

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

Today we filed a petition for review in the Virginia Supreme Court seeking review of Lynchburg Circuit Court Judge Patrick Yeatts’ denial of a portion of our application for temporary injunction. Judge Yeatts issued a temporary injunction against the Virginia State Police to bar enforcement of one of the Northam gun bills barring 18 to 20 year old Virginians from purchasing handguns in private Read More

Rodriguez v. City of San Jose

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

Today our firm filed an amicus brief urging the U.S. Supreme Court to review an inexplicable Ninth Circuit decision upholding an illegal search and seizure of firearms by the San Jose Police after her husband had a mental health crisis. Seven years after that seizure, the City of San Jose, California is still refusing to return her firearms to her. Even though Lori Rodriguez is not a disqualified person, more than seven years later, she is still fighting a court battle to recover those firearms, a battle which is now before the U.S. Supreme Court.

Link to brief

Lynchburg Range & Training v. Northam (Lynchburg Circuit Court, after remand from federal district court)

admin Circuit Court for the City of Lynchburg, Virginia, Constitutional Law, Firearms Law, Health Law

After remand of our case to Lynchburg Circuit Court, we filed a number of documents in state court on April 23, 2020, and on April 27, 2020, Judge Yeatts issued an injunction against Governor Northam, with an opinion letter.

Link to  Plaintiffs’ Read More

Lynchburg Range & Training v. Northam (Circuit Court Litigation)

admin Circuit Court for the City of Lynchburg, Virginia, Firearms Law, Health Law, Litigation

Today our firm filed a complaint in Lynchburg (Virginia) Circuit Court to enjoin the provision Governor Northam’s Executive Order 53 which closed “indoor shooting ranges.”

Link to Complaint
Link to Exhibits
Link to Proposed Injunction Order
Link to Mitch Tyler Affidavit
Link to Philip Van Cleave Affidavit
Link to Erich Pratt Affidavit

Roberts & GOA v. U.S. Justice Department

admin Administrative Law, Firearms Law, U. S. District Court, Eastern District of Michigan

Today, with Kerry Morgan, Esquire of Wyandotte, Michigan, we filed suit on behalf of gun owners against the U.S. Justice Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives to challenge an unlawful action of ATF affecting Michigan gun owners.  On March 3, 2020, ATF issued a determination letter that directed Michigan FFLs to refuse to accept a concealed pistol license in lieu of a NICS background check from the FBI when buying a gun.  Federal law allows the use of such a license to purchase a firearm.   Our complaint can be found here.

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 Circuit Court for the City of Richmond, Virginia, Constitutional Law, Firearms Law, Litigation, 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).

Fauquier County (Virginia) Board of Supervisors Hearing on Second Amendment Sanctuary Resolution

admin Appearances, Firearms Law

Tonight, approximately 3,000 people came out to support Fauquier County, Virginia adopting a Second Amendment Sanctuary Resolution.  Rob Olson spoke out in favor of the resolution supported by Virginia Civilian Defense League (VCDL), but against the watered down version that had been proposed.  As he advised the elected officials:  “Let’s do better than this.  Let’s grow a spine and adopt something that’s meaningful.”  Watch the video here.

Article: “Sixth Circuit Hears Debate Over Legality of Bump Stocks”

admin Appearances, Firearms Law, Press Coverage

L-R: Rob Olson and Erich Pratt.

L-R: Rob Olson and Erich Pratt.

Today, Rob Olson presented oral argument before the U.S. Court of Appeals for the Sixth Circuit in our continuing litigation against ATF’s bump stock regulation issued in December 2018. The issue today before the court was the correctness of District Judge Paul Maloney’s ruling denying our motion for a preliminary injunction against the regulation. This article in CourthouseNews discusses the oral argument.

Link to article