Tony Henderson was convicted in federal court of a felony drug crime. Before conviction, he had voluntarily turned over his firearms to the FBI. After conviction, knowing that, as a felon, he could no longer legally possess firearms under 18 U.S.C. Section 922(g)(1), Henderson sold his firearms to a third party. Henderson then asked the FBI to transfer his firearms to that eligible third party buyer.
Our comments on behalf of Gun Owners America, Inc. to the Department of Health and Human Services on proposed HIPPA rules were cited in an article by Stephanie E. Pearl, “HIPPA: Caught in the Cross Fire,” published in the Duke University Law Journal, vol. 64, no. 3, p. 559, 565, n. 39 (2014).
Ever since the U.S. Supreme Court determined that the Second Amendment protected every citizen’s right to “keep and bear arms” in its 2008 Heller decision, lower federal courts have sought to evade the application of that rule. That pattern is now continuing in Maryland where a district judge has upheld the Maryland 2013 Firearms Safety Act (“Act”) which bans (i) so-called “assault weapons”
Today, our firm filed an amicus brief in the U.S. Court of Appeals for the District of Columbia Circuit, supporting another challenge by the legendary Dick Heller to the District of Columbia’s onerous firearm registration and licensing requirements. This is our firm’s third amicus brief supporting Heller’s challenges to these DC gun regulations. In 2008, the Supreme Court adopted the type
For the second time in as many months, 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, three years
Today, our firm filed a brief to uphold gun rights in the U.S. Court of Appeals for the Ninth Circuit, in support of a Petition for Rehearing En Banc, in the case Jackson v. San Francisco, No. 12-17803.
San Francisco ordinances prohibit the possession of a handgun within the home unless it is (i) being worn on the person or (ii) locked away. San Francisco also prohibits the purchase of hollowpoint
Today, our firm filed an amicus brief in the U.S. Supreme Court in the caseJohnson v. U.S., No. 13-7120.
The Petitioner, Johnson had been convicted of being a felon in possession of a firearm. Ordinarily, the trial judge would have had discretion to sentence Johnson up to 10 years in prison. However, the judge determined that Johnson met the definition of an “armed career criminal” under
See note above on “Comments filed with Bureau of Alcohol, Tobacco, Firearms & Explosives opposing Multiple Rifle Sales Reporting (take two)” filed on July 23.
Our firm filed in the U.S. Court of Appeals for the Second Circuit an amicusbrief in support of Connecticut gun owners who challenged Connecticut’s ban of so-called “assault weapons” and “large capacity magazines.”
The law being challenged was passed by anti-gun Connecticut legislators and signed by an anti-gun Governor, riding a wave of hysteria following the December 2012 mass murder
President Obama announced that his Administration would do all in its power to stop gun violence. By that he seems to have meant reducing private ownership of firearms. Now, it turns out that he is not just doing things within his presidential power to achieve that objective – he is usurping legislative power to amend statutes unilaterally.
On January 7, 2014, the Bureau of Alcohol, Tobacco, Firearms,
Herb Titus was quoted in a Bloomberg Bureau of National Affairs (“BNA”) Criminal Law Reporter article entitled “Aiding and Abetting Use of Firearm Requires Advance Knowledge of Gun.” The article involves the case Rosemond v. United States, in which our firm filed an amicus brief on August 9, 2013.
Herb was quoted as saying that “bare knowledge of the presence of a firearm is sufficient
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,
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,
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
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
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
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
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”
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,
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
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