Snope v. Brown — Amicus Brief

ddavies Firearms Law, U. S. Supreme Court

Today, we filed an Amicus brief urging the U.S. Supreme Court to review a Fourth Circuit decision approving Maryland’s 2013 ban on “assault weapons.”   The banned firearms are ordinary semi-automatic weapons and most are “commonly used,” if not ubiquitous among the gun-owning public, except where banned by a few states.  We argue that the Fourth Circuit’s decision was really an attempt to circumvent Bruen.  We argue “the Second Amendment’s plain text covers an individual’s conduct” in possessing such a weapon. Our brief shows that the “plain text” of the Second Amendment presumptively protects bearable firearms and Maryland could provide no relevant historical analogues. Link to brief

Gun Owners of America v. Raoul — Petition for Certiorari

Jeremiah Morgan Constitutional Law, Firearms Law, Litigation, U. S. Supreme Court

Today, our firm, with Stephen Stamboulieh, Esquire, filed a Petition for Writ of Certiorari, seeking review of the Seventh Circuit’s holding that the Illinois ban on so-called “assault weapons” does not violate the Second Amendment. Our petition explained how the Seventh Circuit resists the Supreme Court’s decisions on the Second Amendment, instead creating a dichotomy between Read More

Antonyuk v. James — Petition for Certiorari

Jeremiah Morgan Constitutional Law, Firearms Law, Litigation, U. S. Supreme Court

Today, our firm, with Stephen Stamboulieh, Esquire, filed a Petition for Writ of Certiorari, seeking review of the Second Circuit’s decision in upholding the New York Concealed Carry Improvement Act. Our petition seeks review of New York’s good moral character requirement as well as the expansion Read More

Jeremy Kettler v. United States

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

Today, we filed a Petition for Certiorari on behalf of Jeremy Kettler, who was convicted of possessing an unregistered firearm suppressor.  Our petition asks the Supreme Court to review the Tenth Circuit’s decision, and to determine whether the National Firearms Act continues to be an appropriate exercise of Congress’s taxing power due to the many changes that have been made to the Read More

Patriotic Veterans v. Curtis Hill, Attorney General of Indiana

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

Today we co-counseled the filing of a Petition for Writ of Certiorari in the United States Supreme Court on behalf of Patriotic Veterans, a nonprofit organization based in Illinois.  This Petition brings to the High Court a First Amendment challenge to an Indiana law barring most nonprofit organizations from using automated dialing equipment to conduct issue advocacy and grassroots lobbying.  Read More

John Albert Dummett, Jr. & Edward C. Noonan v. Alejandro Padilla — Petition for Certiorari

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

Today our firm filed a Petition for Writ of Certiorari seeking U.S. Supreme Court Review of two decisions of the California Courts which held that the California Secretary of State had no duty to determine whether a candidate for President of the United States is eligible to serve, if elected, before placing his name on the official state election ballot.

Our Petition explains that Article II, Section Read More

Michael G. New v. United States — Petition for Certiorari

admin Constitutional Law, U. S. Supreme Court

Today we filed a Petition for Writ of Certiorari in the case of Michael G. New v. United States of America in the United States Supreme Court.

The petition urges the Supreme Court to grant the petition for the following reasons. First, the perfunctory disposition of petitioner’s coram nobis petition by the military courts conflicts with United States v. Denedo(Denedo II). Read More

Delroy Fischer v. United States — Reply Brief for Petitioner

admin 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

admin 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

David R. Olofson — Petition for Certiorari filed

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

Today, our firm filed a Petition for Certiorari with the U.S. Supreme Court, on behalf of Army Reservist David Olofson, urging the Court to grant Certiorari to review the Seventh Circuit decision affirming Olofson’s conviction. The Petition was docketed on August 31, 2009. Amicus briefs are due by September 30, 2009.

Olofson was sentenced to prison for 30 months for transferring a “machine Read More

Michael New v. Donald H. Rumsfeld — Reply Brief of Petitioner

admin Constitutional Law, U. S. Supreme Court

We filed in the United States Supreme Court a reply to the Government’s brief in opposition to former Army Specialist Michel G. New’s petition for review of his January 1995 court-martial conviction (for violation of an order requiring him to wear the United Nations uniform prescribed for deployment to a U.N. operation in Macedonia).

After we had filed the Petition for Certiorari in November Read More

Michael G. New v. Donald H. Rumsfeld — SG ordered to file response

admin Constitutional Law

On December 21, 2006, William K. Suter, Clerk of the Supreme Court, wrote to the Solicitor General informing the General that, although his office had waived a right to respond to the Michael New’s petition for certiorari, the Court has directed the Clerk to request that the Solicitor General file a response to the petition on or before January 22, 2007. (This deadline was subsequently was Read More

Michael G. New v. Donald H. Rumsfeld — Petition for Certiorari

admin Constitutional Law, U. S. Supreme Court

Today, we filed a petition for a writ of certiorari, seeking review by the United States Supreme Court of the dismissal of Michael G. New’s collateral attack on his January 1996 court-martial.  (Former Army Specialist New was convicted of disobedience of an allegedly lawful order for failure to wear the United Nations uniform prescribed for his unit’s deployment as part of a U.N. commanded Read More

Census 2000 Fight Continues — Petition for Certiorari filed

admin Constitutional Law, U. S. Supreme Court

On Tuesday, January 8, 2002, a petition for writ of certiorari was filed in the United States Supreme Court on behalf of Edgar Morales and four other residents of Texas seeking review of the constitutionality of Census 2000.  At issue is whether Congress has the power to require, under penalty of law, that the American people answer questions on race, employment, housing and other subjects invading Read More

Michael New v. United States — Petition for Certiorari

admin Constitutional Law, U. S. Supreme Court

On Monday, September 10, 2001, nearly six years after he refused to put on the United Nations uniform and to submit to the command and control of a foreign military officer, Michael New has taken his fight for justice to the United States Supreme Court.

At the heart of his appeal is New’s right to his day in court. In a petition for writ of certiorari, New is asking the High Court to overrule Read More