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.
California Gun Rules Challenged In Court
Discusses our brief in Harris v. Silvester. California forces its residents to wait 10 days after a purchase before a lawful buyer may acquire a lawful firearm.
Silvester v. Harris — Amicus Brief
Today, our firm filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit, in support of a challenge to California’s 10-day waiting period for firearm purchases. One of the most draconian states when it comes to Second Amendment rights, California forces its residents to wait 10 days after a purchase before a lawful buyer may acquire a lawful firearm.
First, our brief dispelled
Brief filed against treating mere possession of short-barrel shotgun as “Inherently Dangerous’
Discusses our brief in Johnson v. United States.
Peruta v. San Diego, Richards v. County of Yolo — Amicus Brief
Today our firm filed a brief supporting the right to “bear” arms in California. A panel of the U.S. Court of Appeals for the Ninth Circuit previously handed down an opinion striking down San Diego County’s policy under which “self-defense” was not considered to be a “good cause” allowing the issuance of a concealed carry permit. Now, the Ninth Circuit decided
Rocky Mountain Gun Owners v. Hickenlooper — Brief filed
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
Jackson v. City & County of San Francisco — Amicus Brief
Today, our firm filed an amicus brief in the U.S. Supreme Court in support of a challenge to San Francisco’s gun storage and ammunition ordinances.
This decision comes as the latest in a long string of decisions wherein the lower federal courts simply have refused to implement the decision of the U.S. Supreme Court in Heller. As our amicus brief
Henderson v. United States — Amicus Brief
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.
Second Amendment Under Assault In Maryland–Here’s How We Are Fighting Back
Discusses our brief in Kolbe v. Hogan (nee O’Malley)
Duke Law Review Article on HIPPA Mentions our Work
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).
Kolbe v. O’Malley — Amicus brief
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”
Heller v. District of Columbia — Amicus Brief
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
Comments filed with Bureau of Alcohol, Tobacco, Firearms & Explosives opposing Multiple Rifle Sale Reporting (take two)
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
Article: Jackson v. San Francisco: Lawyers File Brief Standing Up for Gun Owners in San Francisco
Bill Olson’s article for Western Journalism Center explained the status of the Jackson v. San Francisco case and the brief our firm filed in support of rehearing by the Ninth Circuit.
Lawyers File Brief Standing Up For Gun Owners In San Francisco
Discusses our brief in Jackson v. San Francisco.
Jackson v. City & County of San Francisco — Amicus Brief
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
Johnson v. United States — Amicus Brief
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
GOA/GOF Comments to BATFE on Report of Multiple Sales of Rifles
See note above on “Comments filed with Bureau of Alcohol, Tobacco, Firearms & Explosives opposing Multiple Rifle Sales Reporting (take two)” filed on July 23.
Important comments were also filed by U.S. Justice Foundation.
Shew v. Malloy — Amicus Brief
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
Gun Owners of America & Gun Owners Foundation Comments to ATF on “Adjudicated as a Mental Defective”
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,
United States v. Reese — Brief
Today we filed a Petition for Rehearing En Banc in the U.S. Court of Appeals for the Tenth Circuit on behalf of the Reese family.
Herb Titus Quoted in BNA Article “Aiding and Abetting Use of Firearm Requires Advance Knowledge of Gun”
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
U.S. Justice Foundation Comments to HHS on HIPAA Privacy Rule and the NICS System
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,
Gun Owners Foundation Comments to HHS on HIPAA Privacy Rule and the NICS System
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,
Drake v. Jerejian — Amicus Brief challenging New Jersey’s Concealed Carry Laws
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