New York State Rifle & Pistol Association v. Bruen — SCOTUS Merits
Today we filed an amicus brief in the U.S. Supreme Court supporting a challenge to the virtual ban on concealed carry in New York State. The brief was filed on behalf of Gun Owners of America, Gun Owners Foundation, and the Heller Foundation. We critique the Second Circuit case in Kachalsky v County of Westchester, explain how the New York licensing scheme undermines the prefatory
Young v. Hawaii
We filed our second brief in the Young v. Hawaii challenge to Hawaii’s virtual total ban on carrying firearms in the State of Hawaii. Our earlier brief was filed before the Ninth Circuit en banc. This brief was filed in the U.S .Supreme court in support of Young’s Petition for Certiorari. We urge the Court to overturn the two-step test used in many Second Amendment challenges. We also challenge the “longstanding” ban in Hawaii, most of which occurred during the time Hawaii was governed by a Monarchy. We demonstrate why certiorari should be granted even though New York State Rifle & Pistol Association v. Corlett is pending before the court. And we trace the numerous criticisms by Justices and Judges as to how the lower courts have treated the Second Amendment since Heller and McDonald.
GOA & GOF Comments Opposing ATF Re-Definition of “Frame or Receiver.”
Today we filed comments with the ATF on behalf of our clients Gun Owners of America and Gun Owners Foundation. These comments relate to Docket No. ATF 2021R-05: “Definition of ‘Frame or Received’ and Identification of Firearms.” These Comments explain why ATF has no authority to make these changes in the definition of “frame or receiver” set out in 8 U.S.C. Section 921(a)(3).
Duncan v. Bonta
Today, we filed an amicus brief attacking the constitutionality of a
California ban on standard capacity magazines, which the California law
mislabels as “Large Capacity Magazines.” The District Court and Ninth
Circuit panel both ruled for that the laws were unconstitutional, and
the Ninth Circuit granted rehearing en banc. Our brief defends the
decision
Crawford v. Pennsylvania — Defending Gun Rights of Philadelphians
Today, we filed an brief for Gun Owners of America, Inc. and other nonprofits opposing Philadelphia’s challenge to the constitutionality of Pennsylvania’s long-standing firearms preemption statute. That statute prevents Philadelphia from imposing greater firearms restrictions on its residents than those approved by the General Assembly for Pennsylvania as a whole. Philadelphia bases
VCDL/GOA/GOF v. City of Winchester (Virginia) — Complaint for Declaratory Relief, Application for Temporary and Permanent Injunction, and Petition for Writ of Mandamus
Together with Gilbert Ambler of the Ambler Law Offices, LLC (Winchester, VA) and David Browne of Spiro & Browne, LLC (Richmond, VA), we filed suit challenging a Winchester ordinance regulating possession of firearms. The case
Victory in the Sixth Circuit on Bumpstocks
In a 2-1 decision issued today, the U.S. Court of Appeals for the Sixth Circuit gave a victory to Gun Owners of America and Virginia Citizens Defense League in their challenge to the ATF Bumpstock regulations issued December 26, 2018. The opinion was written by Judge Alice M. Batchelder. Robert Olson of our firm argued the case in the Sixth Circuit, December 11, 2019.
Roberts v. U.S. Justice Department — Brief for Appellants
Today we filed the opening brief in our appeal to the Sixth Circuit in challenge to the ATF changing their policy, and refusing to allow persons with Michigan Concealed Carry Permits to purchase guns without another NICS check.
Wade v. Regents of the University of Michigan
Today our firm filed an amicus brief in support of a challenge to the University of Michigan’s infringement on the Second Amendment rights of its students. We explain why the university’s ordinance violates the U.S. Constitution, the Michigan Constitution, and various decisions of the U.S. Supreme Court, including District of Columbia v. Heller.
Mai v. United States
Today our firm filed an amicus brief urging the Supreme Court to review a Ninth Circuit decision which allowed a ban on gun possession by a man who had suffered a mental health crisis as a minor, but who had since then been found by the State of Washington not to be a danger to himself or to others. Nevertheless, as the Ninth Circuit has done in every Second Amendment challenge brought before
Caniglia v. Strom
Today our firm filed an amicus brief in support of a challenge to a First Circuit decision which upheld an illegal search and seizure of firearms by police after a Petitioner husband and his wife had a non-violent, non-threatening argument. Tired of arguing with his wife, the husband threw down an unloaded handgun and said something like “just shoot me.” The next day the police showed
Rhode v. Becerra
Today our firm filed an amicus brief in support of a challenge to a California law which requires background checks for persons seeking to buy ammunition. Our brief explained the history of how the 9th Circuit has employed various legal tests and other techniques to allow certain judges hostile to gun rights to evade application of the Second Amendment, as written.
Elhert v. Settle: Response to Commonwealth’s Petition for Review
Today we filed our response to the Commonwealth of Virginia’s petition for review the temporary injunction we obtained from Lynchburg Circuit Court protecting the right of 18, 19, and 20 year olds to purchase handguns.
Ehlert v. Settle: Petition for Review
Today we filed a petition for review in the Virginia Supreme Court seeking review of Lynchburg Circuit Court Judge Patrick Yeatts’ denial of a portion of our application for temporary injunction. Judge Yeatts issued a temporary injunction against the Virginia State Police to bar enforcement of one of the Northam gun bills barring 18 to 20 year old Virginians from purchasing handguns in private
Elhert v. Settle — Temporary Injunction
Today, the Circuit Court for the City of Lynchburg issued a temporary injunction against Virginia’s ban on handgun sales to adults under age 21.
This is a case we are litigating together with Gilbert Ambler of Winchester, Virginia and David Browne of Richmond, Virginia.
Rodriguez v. City of San Jose
Today our firm filed an amicus brief urging the U.S. Supreme Court to review an inexplicable Ninth Circuit decision upholding an illegal search and seizure of firearms by the San Jose Police after her husband had a mental health crisis. Seven years after that seizure, the City of San Jose, California is still refusing to return her firearms to her. Even though Lori Rodriguez is not a disqualified person, more than seven years later, she is still fighting a court battle to recover those firearms, a battle which is now before the U.S. Supreme Court.
Lynchburg Range & Training v. Northam (Lynchburg Circuit Court, after remand from federal district court)
After remand of our case to Lynchburg Circuit Court, we filed a number of documents in state court on April 23, 2020, and on April 27, 2020, Judge Yeatts issued an injunction against Governor Northam, with an opinion letter.
Lynchburg Range & Training v. Northam (U.S. District Court Litigation)
Today our firm filed an emergency motion to remand the Lynchburg Range & Training v. Northam case to the Circuit Court for the city of Lynchburg.
Lynchburg Range & Training v. Northam (Circuit Court Litigation)
Today our firm filed a complaint in Lynchburg (Virginia) Circuit Court to enjoin the provision Governor Northam’s Executive Order 53 which closed “indoor shooting ranges.”
Link to Complaint
Link to Exhibits
Link to Proposed Injunction Order
Link to Mitch Tyler Affidavit
Link to Philip Van Cleave Affidavit
Link to Erich Pratt Affidavit
Roberts & GOA v. U.S. Justice Department
Today, with Kerry Morgan, Esquire of Wyandotte, Michigan, we filed suit on behalf of gun owners against the U.S. Justice Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives to challenge an unlawful action of ATF affecting Michigan gun owners. On March 3, 2020, ATF issued a determination letter that directed Michigan FFLs to refuse to accept a concealed pistol license in lieu of a NICS background check from the FBI when buying a gun. Federal law allows the use of such a license to purchase a firearm. Our complaint can be found here.
Reply to Virginia’s Response in Opposition filed in Virginia Supreme Court on Virginia Governor Northam’s Gun Ban EO
After we filed our Emergency Petition for Review last night, this morning at about 9:15 am, the Solicitor General of Virginia filed his Response in Opposition. We filed our Reply to that Opposition about 1:00 pm. The Virginia Supreme Court issued an Order denying our Petition for Review about 6:15 pm.
Emergency Petition for Review filed Against Virginia Governor Northam’s Gun Ban EO
About 6:00 pm this evening, we filed in the Virginia Supreme Court an Emergency Petition for Review asking the Court to enjoin Governor Northam’s Executive Order banning firearms on the grounds of the Virginia Capitol, as unauthorized by law, in violation of law (Virginia Code section 44-146.15) , and unconstitutional. (See next entry.)
Complaint & Application for Temporary Injunction Against Virginia Governor Northam’s Gun Ban EO
About noon on Wednesday, January 15, Virginia Governor Ralph Northam declared a state of emergency in Virginia and issued Executive Order 49, which temporarily bans the possession or carrying of firearms in Richmond on Lobby Day (Monday, January 20). Today, Thursday, January 16, about noon, on behalf of Gun Owners of America and Virginia Citizens Defense League, and three individuals, our firm filed a Complaint and Application in the the Circuit Court for the City of Richmond, seeking a temporary injunction against the Governor’s order. In this case, we are working with David G. Browne, Esquire of Spiro and Browne, in Richmond. A hearing was held before Judge Joi Jeter Taylor from 1:30 to 2:30 pm. Judge Taylor issued an Order denying our Application at 4:31 pm. (This led to our filing an Emergency Petition for Review in the Virginia Supreme Court about 6:00 pm (see next entry).
Article: Gun activists appeal to Virginia Supreme Court after judge rejects bid to halt gun ban in Capitol Square
The Richmond Times Dispatch covered our petition for review in the Virginia Supreme Court to challenge the Richmond Circuit Court’s refusal to enjoin Governor Northam’s Capitol Grounds gun ban.