Nordyke v. King Amicus Brief Filed in Support of Appellants U.S. Court of Appeals for the Ninth Circuit

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

Today, in the U.S. Court of Appeals for the Ninth Circuit, our firm filed an amicus curiae brief filed in support of the challenge by appellants to portions of the county code of Alameda County, California. The challenged provisions ban possession of firearms on county property.

The ordinance was introduced by a county Supervisor who, in her own words, wanted to “ban gun shows.” The county claims Read More

Heller II Amicus Brief Filed in Support of Appellants U.S. Court of Appeals for the District of Columbia

admin Firearms Law, U. S. Court of Appeals, District of Columbia Circuit

On July 30, 2010, in the U.S. Court of Appeals, D.C. Circuit, our firm filed the only amicus curiae brief filed in support of the challenge by appellant Dick Heller and others to portions of the D.C. Code that (i) require registration of all firearms, (ii) prohibit registration of so-called “assault weapons” and (iii) prohibit possession of so-called “high capacity” magazines.

Our brief argues Read More

Herb Titus Presents Oral Argument to U.S. District Court, Montana in Montana Shooting Sports Association v. Holder

admin Firearms Law

A number of states have enacted firearms freedom act statutes seeking to regulate intra-state sales of firearms, over which the federal government has no authority.

The Bureau of Alcohol, Tobacco and Firearms has threatened to go after any party which manufactures or sells a firearm without complying with the federal licensing scheme.

The first state firearms freedom law that has gone to federal court Read More

MSSA v. Holder, Amicus Brief for Gun Owners Foundation in the U.S. District Court for the District of Montana

admin Firearms Law, U. S. District Court, District of Montana

Today our firm filed an amicus brief for Gun Owners Foundation, Gun Owners of America, Inc., and Virginia Citizens Defense League in the case of Montana Shooting Sports Association, Inc., et al. v. Eric H. Holder, Jr. in the U.S. District Court for the District of Montana.

Link to brief

 

U.S. v. Steven M. Skoien Amicus Brief for Gun Owners Foundation and Gun Owners of America, Inc. in the U.S. Court of Appeals for the Seventh Circuit

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

Today our firm filed an amicus brief for Gun Owners Foundation (“GOF”) and Gun Owners of America, Inc. in the case of U.S. v. Skoien, in the United States Court of Appeals for the Seventh Circuit.

This document compares quotes from the GOF amicus brief with quotes from the NRA amicus brief, which were both filed in the Skoien case —http://www.gunowners.com/gof-vs-nra-quotes.pdf.

Read More

Otis McDonald v. City of Chicago Amicus Brief in Support of Petitioners U.S. Supreme Court

admin Firearms Law, U. S. Supreme Court

On November 23, 2009, our firm filed an amicus curiae brief in the U.S. Supreme Court in support of petitioners’ challenge to an ordinance banning handguns in Chicago. The amicus brief argues that the Chicago handgun ban unconstitutionally abridges petitioners’ right to keep and bear arms, a privilege or immunity belonging to them as United States citizens protected by the Fourteenth Amendment. 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

McDonald v. City of Chicago NRA v. City of Chicago Amicus Brief in Support of Petitions for a Writ of Certiorari U.S. Supreme Court

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

Today, our firm filed an amicus curiae brief in the U.S. Supreme Court on behalf of Gun Owners of America, Inc. and Gun Owners Foundation in support of petitioners’ request for a writ of certiorari. These cases involve challenges to City of Chicago and Village of Oak Park bans on handguns. At issue is whether the Fourteenth Amendment applies the Second Amendment right to keep and bear arms Read More

BATF Firearm Civil Forfeiture Procedures and Policies: An Attorney’s Guide

admin Administrative Law, Firearms Law, Publications

On behalf of Gun Owners Foundation, our firm authored “BATF Firearm Civil Forfeiture Procedures and Policies: An Attorney’s Guide” on July 4, 2007. The guide is intended to provide a procedural overview for attorneys unfamiliar with civil forfeiture law as it applies to firearms, including what to expect from the BATF, and how to go about recovering seized assets.
This manual has Read More

Olofson Case — Oral Argument

admin Constitutional Law, Firearms Law, U. S. Court of Appeals, Seventh Circuit

On January 22, 2009, Herb Titus presented oral argument before the U.S. Court of Appeals for the Seventh Circuit in support of David Olofson’s appeal from having been wrongfully convicted of transfering a machinegun.  At the heart of the Olofson appeal, Titus contended, is that the Government pressed a wrongful definition of a machinegun in order to secure Olofson’s conviction.  According Read More

Akins v. United States, 11th Circuit Another Brief Contesting ATF’s Definition of a “Machinegun”

admin Constitutional Law, Firearms Law, U. S. Court of Appeals, Eleventh Circuit

On November 26, 2008, the firm filed an amicus brief on behalf of Gun Owners Foundation (GOF) and Gun Owners of America (GOA) in the United States Court of Appeals for the Eleventh Circuit in support of Bill Akins.  Akins is the inventor of the Akins Accelerator — a patented replacement stock of a semiautomatic firearm that through controlled “bump firing” increases the rate of fire, after Read More

Gun Owners Foundation Amicus Brief Filed in United States v. Hayes U.S. Supreme Court

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

On September 26, 2008, we filed on behalf of Gun Owners Foundation an amicus brief in United States v. Hayes.  The GOF brief urged the Supreme Court to affirm a Fourth Circuit court of appeals ruling that, as a matter of statutory interpretation, an individual does not lose the right to own a gun unless the prosecutor in the misdemeanor case  proves beyond a reasonable doubt Read More

U.S. v. Ramos/Compean Amicus Brief in Support of Petition for Rehearing U.S. Court of Appeals for the Fifth Circuit

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

We filed an amicus curiae brief in the U.S. Court of Appeals for the Fifth Circuit in support of two former Border Patrol agents’ Petitions for Rehearing. This brief emphasized areas where the Fifth Circuit panel’s decision was inconsistent with the law as set forth in our earlier brief filed with the court on May 25, 2007.

Our amicus brief was filed on behalf of Congressmen Walter B. Jones (R-NC), Read More