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

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

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

Bill Olson Quoted and Heller v. District of Columbia Amicus Brief Discussed in The United States Law Week article “D.C. Handgun Registration Requirement, Ban on Assault Weapons, Big Magazines OK”

Michael Harless Press Coverage

Bill Olson was quoted in The United States Law Week article “D.C. Handgun Registration Requirement, Ban on Assault Weapons, Big Magazines OK” on October 11, 2011 by Bernard J. Pazanowski discussing the recent decision of the U.S. Court of Appeals for the District of Columbia Circuit in Heller v.District of Columbia (Heller 2) and the amicus brief filed by our firm in this 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

Skoien v. U.S., Amicus Brief for Gun Owners Foundation et al. in the U.S. Supreme Court

Michael Harless Firearms Law, U. S. Supreme Court

Today our firm filed an amicus brief on behalf of Gun Owners Foundation, Gun Owners of America, Inc., Gun Owners of California, Inc., Virginia Citizens Defense League, and Conservative Legal Defense and Education Fund in the case of Steven Skoien v. United States in the United States Supreme Court in support of petitioner Skoien.

Our brief takes a quite different approach from that taken by other Read More

Nordyke v. King Amicus Brief Filed in Support of Appellants U.S. Court of Appeals for the Ninth Circuit

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

Today, in the U.S. Court of Appeals for the Ninth Circuit, our firm filed an amicus curiae brief filed in support of the challenge by appellants to portions of the county code of Alameda County, California. The challenged provisions ban possession of firearms on county property.

The ordinance was introduced by a county Supervisor who, in her own words, wanted to “ban gun shows.” The county claims Read More

Heller II Amicus Brief Filed in Support of Appellants U.S. Court of Appeals for the District of Columbia

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

On July 30, 2010, in the U.S. Court of Appeals, D.C. Circuit, our firm filed the only amicus curiae brief filed in support of the challenge by appellant Dick Heller and others to portions of the D.C. Code that (i) require registration of all firearms, (ii) prohibit registration of so-called “assault weapons” and (iii) prohibit possession of so-called “high capacity” magazines.

Our brief argues Read More

Herb Titus Presents Oral Argument to U.S. District Court, Montana in Montana Shooting Sports Association v. Holder

Michael Harless Firearms Law

A number of states have enacted firearms freedom act statutes seeking to regulate intra-state sales of firearms, over which the federal government has no authority.

The Bureau of Alcohol, Tobacco and Firearms has threatened to go after any party which manufactures or sells a firearm without complying with the federal licensing scheme.

The first state firearms freedom law that has gone to federal court Read More