GOA/GOF Comments to ATF on Proposed Changes to Form 7
Today, our firm filed comments with the Bureau of Alcohol Tobacco and Firearms (“ATF”) in response to the ATF’s proposal to combine the federal application to be a firearms dealer (“Form 7”) with the application to be a Collector of Curios and Relics. As our comments pointed out, ATF’s proposed new combined form is an attempt to combine apples and oranges. Dealers (businesses)
GOA/GOF Comments to ATF on Proposed Changes to Form 4473
Today our firm filed comments on behalf of Gun Owners of America, Inc. and Gun Owners Foundation opposing the proposed changes to the Form 4473, a form ATF claims continues to be necessary, though it is not required by any federal law.
Our comments explain how the proposed additions to the Form 4473 are unnecessarily confusing and often unauthorized. The form is already complex, presenting a legal
GOA/GOF Comments to ATF on Secure Gun Storage
Today our firm filed comments on behalf of Gun Owners of America, Inc. and Gun Owners Foundation opposing proposed regulations issued by ATF to require not only firearms dealers, but also manufacturers and importers, to certify that secure gun storage or safety devices are maintained anywhere firearms are sold.
Our comments explain how ATF’s proposed regulations would purportedly “implement”
Grace v. District of Columbia
Today, we filed a brief in the U.S. Court of Appeals for the District of Columbia in support of a challenge to the D.C. Concealed Carry statute which was brought by Matthew Grace and others. Our brief argues that the District of Columbia Council based its argument on the notion of hidden exceptions to the Bill of Rights, and a flawed understanding of the difference between the restricted nature
Hamilton v. Pallozzi
Today our firm filed an amicus brief in the U.S. Court of Appeals for the Fourth Circuit supporting the right of a Maryland resident to purchase and possess firearms despite a prior conviction. Hamilton had been convicted of a non-violent felony in Virginia and served his sentence. Later, Virginia restored his civil rights, and then a Virginia Court specifically restored his firearms rights.
Now
Justice Thomas Asks First Questions in 10 years — Drawn from our Amicus brief!!!
There must be something special about LEAP DAY.
Today, for the first time in a decade, Justice Clarence Thomas asked a question during the oral argument of Voisine v. United States in the U.S. Supreme Court. And, his question was drawn from an amicus brief we filed in that case!!! And ours was the only amicus brief filed in support of Voisine.
The Voisine case involves the infamous Lautenberg
Article: Federal Machine-Gun Ban Under Legal Challenge
In an article on Christmas Eve, Bob Unruh of World Net Daily covered our amicus brief for Gun Owners of America and others opposing the broad federal ban on most machine gun ownership.
Voisine v. United States
Today we made our 10th filing in 10 years opposing various applications of what is known as the so-called “Lautenberg Amendment,” which purports to impose a lifetime ban on firearms ownership on those who commit certain misdemeanors. The anti-gun lobby seeks to strip gun ownership from as many persons as possible, even if the misdemeanor was a minor matter, involving neither firearms
Watson v. United States
Today we filed our second brief in as many months explaining why fully automatic weapons (termed in federal law “machine guns”) are protected “arms” under the Second Amendment — in the Third Circuit. The earlier brief was Hollis v. Lynch, filed on November 2, 2015 — in the Fifth Circuit.
Ammoland covers our Hollis and Watson Briefs
This discusses our brief for Gun Owners of America and The Heller Foundation supporting the right to own fully automatic weapons.
Hollis v. Lynch — Amicus Brief
Today, our firm filed in the U.S. Court of Appeals for the Fifth Circuit an amicus brief in support of a challenge to the federal machine gun ban, ironically passed as part of the 1986 Firearm Owners Protection Act.
Under the Gun Control Act (“GCA”), “persons” are generally prohibited from possessing machineguns. A “person” is defined to include entities such a
United States v. Robert G. Arwady and Richard P. Medrano
Verdict in — Both defendants Not Guilty on all counts
Rob Olson has called in to report that after two hours of deliberation, the jury has come back with a Not Guilty verdict on all counts.
Bob Arwardy and Richard Medrano were accused of participating in a “straw purchase” of firearms on February 27, 2014 and other firearms offenses in an eight count indictment. After significant motions practice, including work by both Rob Olson and
Gun Owners of America — Comments Filed With State Department Opposing New ITAR Regulations
Today, our firm filed comments with the U.S. Department of State, Office of Defense Trade Controls Policy, on behalf of Gun Owners of America, Inc. and Gun Owners Foundation, regarding proposed revisions to the State Department’s International Traffic In Arms Regulations (“ITAR”). Pursuant to the Arms Export Control Act, the State Department regulates the export of “defense articles and
Rocky Mountain Gun Owners v. Hickenlooper — Reply Brief
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.
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
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.
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
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