Shew v. Malloy — Amicus Brief

admin Firearms Law, U. S. Court of Appeals, Second Circuit

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 Read More

Bill Olson on NewsmaxTV.com

admin Press Coverage

Bill Olson was interviewed by Steve Malzberg today on NewsmaxTV about the U.S. Supreme Court’s denial of the petition for certiorari filed in Hedges v. Obama. Our firm filed three amicus briefs in the Hedges case, one in district court, one in the court of appeals, and one in the U.S. Supreme Court. The Supreme Court’s refusal to review the Second Circuit’s opinion leaves standing Read More

Herb Titus speaks on Search and Seizure Law

admin Appearances

Herb Titus was a featured speaker on May 2, 2014 at the 8th Annual Conference on Eminent Domain held at Tides Inn, Irvington, Virginia on May 1 and 2. Consistent with the theme of this year’s conference – Charting New Territory — Herb’s topic was “Can a 4th Amendment Search and Seizure Become a 5th Amendment Taking?”

Drawing on the work of the firm ­ featuring its Read More

Article: WorldNetDaily Covers Our Amicus Brief in Chris Hedges Challenge to NDAA

admin Press Coverage

Bob Unruh’s article discusses the tragedy of the U.S. Supreme Court denial of Chris Hedges’ petition for certiorari challenging the constitutionality of National Defense Authorization Act of 2012. NDAA 2012 allows the U.S. military to arrest and detain, without charges, counsel, or trial, anyone thought by the government to be a threat based on vague standards.

Attempting to deflect public Read More

American Thinker publishes article — The Wurie Case: Restoring the Property Basis of the Fourth Amendment

admin Publications

This morning, the American Thinker published an article by Robert Olson, Herb Titus, and Bill Olson about the property rights basis of the Fourth Amendment and how it bears on the U.S. Supreme Court’s consideration of warrantless searches of cell phones. We previously filed an amicus brief in the case addressing this issue — United States v. Wurie.

Link to article

U.S. v. Wurie — Amicus Brief

admin Constitutional Law, U. S. Supreme Court

On April 9, 2014, we filed an amicus curiae brief in the case of United States v. Wurie. The issue before the court is whether arresting officers can search the cell phone of a person arrested without a warrant. However, the underlying issue in Wurie and its companion case, Riley v. California, is whether the Court will continue to apply its evolving reasonable Read More

Gun Owners of America & Gun Owners Foundation Comments to ATF on “Adjudicated as a Mental Defective”

admin Administrative Law, Firearms Law

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, Read More

Herb Titus Quoted in BNA Article “Aiding and Abetting Use of Firearm Requires Advance Knowledge of Gun”

admin Press Coverage

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 Read More

U.S. Justice Foundation Comments to HHS on HIPAA Privacy Rule and the NICS System

admin Administrative Law, Firearms Law

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, Read More

Gun Owners Foundation Comments to HHS on HIPAA Privacy Rule and the NICS System

admin Administrative Law, Firearms Law

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, Read More

Ohio Election Commission v. Susan B. Anthony List — Amicus Brief Filed Opposing Ohio’s “Ministry of Truth”

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

Taking a page out of Orwell’s novel 1984, the Ohio Elections Commission operates as a modern “Ministry of Truth’ — with the power to “determine” and “proclaim” the truth or falsity of every statement made during an Ohio political campaign. Our firm filed an amicus curiae brief in the U.S. Supreme Court, contending that the government has no legitimate role whatsoever to play Read More

Drake v. Jerejian — Amicus Brief challenging New Jersey’s Concealed Carry Laws

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

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 Read More

Herb Titus Addresses Virginia House of Delegates Republican Caucus

admin Appearances

Herb Titus was invited to address the Republican Caucus of the Virginia House of Delegates on HJR 9 — a call for a national constitutional convention for proposing amendments to the United States Constitution.

Herb explained that while the concept of using Article VI to address erroneous judicial decisions might seem tempting, it was fraught with risk. Unlike the process by which Congress may submit Read More

Obamacare Contraception/Abortion Services Mandate Conestoga Wood Specialties Corp. v. Sebelius U.S. Supreme Court Amicus Brief

admin Constitutional Law, U. S. Supreme Court

The story is told of a grizzled Master Sargent who, reflecting on his years of service, said: “When I joined up, homosexuality was prohibited; now it’s tolerated; and I darn sure am getting out before it’s mandatory.” So it is with respect to homosexual and abortion rights. First, the goal is said to be tolerance. Then, governmental approval and support. Lastly, any pretense of tolerance Read More