Garland v. Cargill — Amicus Brief

Jeremiah Morgan Administrative Law, Constitutional Law, Firearms Law, Statutory Construction, U. S. Supreme Court

Today, our firm filed our fifth amicus brief opposing the ATF’s Rule banning bumpstocks — and our third amicus brief in this case. Our amicus brief argued that the bumpstock rule was politically motivated and was not based on a better interpretation of the statutes relating to machineguns. We also explained how the technical mechanisms of a semi-automatic rifle operates, both with and Read More

NRA v. Vullo — Amicus Brief

Jeremiah Morgan Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus brief in support of NRA’s challenge to the New York Department of Financial Services (DFS) coercion of banks and insurance companies doing business with the NRA because it is pro-gun. We previously filed an amicus brief in support NRA’s petition which was granted.

Our amicus brief demonstrated New York’s pattern of coercive behavior towards private Read More

Miller v. Bonta — Amicus Brief

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

Today, our firm filed an amicus brief in an appeal on whether California’s so-called “assault weapons” ban violates the Second Amendment. Our brief described the various ways in which California has demonstrated its hostility to the Second Amendment and the Supreme Court’s decisions. We argue that the assault weapons ban violates the Second Amendment using the Bruen test. Read More

Duncan v. Bonta — Amicus Brief

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

Today, our firm filed its fifth amicus brief in the Duncan saga, a case challenging California’s high-capacity magazine ban. Our brief argued that the case was not properly before the en banc panel for initial hearing en banc. We showed how California has a history of hostility to the Second Amendment and the Supreme Court’s decisions on that amendment. Finally, we explain how the magazine Read More

Morehouse v. ATF — Petition for Rehearing En Banc

Jeremiah Morgan Administrative Law, Firearms Law, Litigation, Statutory Construction, U. S. Court of Appeals, Eighth Circuit

Today, our firm, with Stephen Stamboulieh, filed a Petition for Rehearing En Banc — joined by 17 States — in the Eight Circuit, in the challenge to the Biden Administration’s ATF rulemaking on frames and receivers.

Link to petition for rehearing en banc

United States v. Rahimi — Merits Amicus Brief

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

Today, our firm filed an amicus brief in the Supreme Court in defense of the proper Second Amendment interpretation recognized in D.C. v. Heller in 2008 and New York State Rifle & Pistol Association v. Bruen in 2022. This case involves the federal firearms ban on individuals who have certain types of restraining orders issued against them, 18 U.S.C. § 922(g)(8). To try to prevent the Bruen Read More

Koons v. Platkin — Amicus Brief

Jeremiah Morgan Constitutional Law, Firearms Law, U. S. Court of Appeals, Third Circuit

Today, our firm filed an amicus brief in support of a challenge to a New Jersey law prohibiting concealed carry of a firearm in a large number of so-called “sensitive places.” Our brief explained how New Jersey’s effort to justify the law under the Supreme Court’s Bruen analysis of Second Amendment challenges falls woefully short.

Link to brief

U.S. v. Daniels — Amicus Brief

Jeremiah Morgan Constitutional Law, Firearms Law, U. S. Court of Appeals, Fifth Circuit

Today, our firm filed an amicus brief in support of an appeal challenging the constitutionality of 18 U.S.C. § 922(g)(3) — the federal prohibition on firearms possession by anyone who uses an unlawful substance. Our brief was filed at the invitation of the Fifth Circuit, which is seeking to understand whether 922(g)(3) has any historical analogues under the Bruen analysis. Our brief argued Read More

Boland v. Bonta — Amicus Brief

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

Today, our firm filed an amicus brief in support of a challenge to California’s “Unsafe Handgun Act.” Our brief argued that the Second Amendment’s right to keep and bear arms also protects attendant rights, such as the right to acquire modern, state-of-the-arm firearms. We urged the Ninth Circuit that the Second Amendment does not permit balancing tests such as weighing enumerated Read More

U.S. v. Missouri — Amicus Brief

Jeremiah Morgan Constitutional Law, Firearms Law, U. S. Court of Appeals, Eighth Circuit

Today, our firm filed an amicus brief in the U.S. Court of Appeals for the Eighth Circuit in support of Missouri’s Second Amendment Preservation Act which declares that certain federal firearms restrictions violate the Second Amendment rights of Missourians. Our brief argued that the district court did not properly understand the Constitution’s Supremacy Clause, and that it also violates Read More

Wade v. Regents of the University of Michigan — Court of Appeals Amicus Brief

Jeremiah Morgan Constitutional Law, Firearms Law, Michigan Court of Appeals

Today, our firm, with Kerry Morgan of Wyandotte, Michigan, filed an amicus brief in support of a challenge to the University of Michigan’s complete ban against possession of firearms by all students. The case is on remand from the Michigan Supreme Court where we previously filed an amicus brief in this case.

Link to brief

Morehouse v. ATF — Appellants’ Opening Brief

Jeremiah Morgan Administrative Law, Firearms Law, Litigation, Statutory Construction, U. S. Court of Appeals, Eighth Circuit

Today, our firm filed in the Eight Circuit the Opening Brief of the Private Appellants in the challenge to the Biden Administration’s ATF rulemaking on frames and receivers challenging the denial of a preliminary injunction by the U.S. District Court for the District of North Dakota.

Link to brief

Antonyuk v. Hochul — Temporary Restraining Order

Jeremiah Morgan Constitutional Law, Firearms Law, Litigation, U.S. District Court, Northern District of New York

This morning, the U.S. District Court for the Northern District of New York issued a Temporary Restraining Order. The court temporarily restrained New York from enforcing certain provisions of its new Concealed Carry Improvement Act pending a decision on the motion for preliminary injunction.

Link to court’s TRO

Rhode v. Bonta — Supplemental Amicus Brief

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

Today, our firm filed a supplemental amicus brief addressing the effect of the Supreme Court’s recent decision in New York State Rifle & Pistol Association v. Bruen on the Rhode case. Our firm previously filed an amicus brief in support of Rhode in the Ninth Circuit on August 7, 2020.

Link to supplemental amicus brief

Yukutake v. Hawaii — Supplemental Amicus Brief

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

Today, our firm filed a supplemental amicus brief addressing the effect of the Supreme Court’s recent decision in New York State Rifle & Pistol Association v. Bruen on the Yukutake case. Our firm previously filed an amicus brief in support of Yukutake in the Ninth Circuit on May 2, 2022.

Link to supplemental amicus brief

Duncan v. Bonta — Supplemental Amicus Brief on Remand

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

Today, we filed a supplemental amicus brief on remand, our fourth amicus brief in this case. Our brief recounted the two-step test overturned by the Supreme Court in Bruen, and put this case in the context of the various cases on remand within the Ninth Circuit since Bruen. It then explained how to apply Bruen to this case. Our brief also reminded the Ninth Circuit of Read More