Hollis v. Lynch — Amicus Brief

Michael Harless Firearms Law, U. S. Court of Appeals, Fifth Circuit

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 corporation and partnership – but the definition does not include a trust. Moreover, in 2014, ATF took the position that “unincorporated trusts are not ‘persons’ under the GCA.” Based on that understanding that trusts are not persons, the Jay Aubrey Isaac Hollis Revocable Living Trust applied to the ATF for approval to manufacture and register an M-16 machinegun. When ATF eventually revoked the application, the Trust sued, but the U.S. District Court for the Northern District of Texas dismissed the case. Read More

Texas v. United States — Amicus Brief

Michael Harless Constitutional Law, U. S. Court of Appeals, Fifth Circuit

Today, our firm filed an amicus brief in the U.S. Court of Appeals for the Fifth Circuit, supporting the challenge by State of Texas and 25 other states to the Obama Administration’s misuse of “executive action” (“DAPA”) to implement provisions of the DREAM Act that Congress refused to enact.

Our brief was filed on behalf of Citizens United, Citizens United Foundation, English First Foundation, English First, TREA Senior Citizens League, U.S. Justice Foundation, The Lincoln Institute for Research and Education, Abraham Lincoln Foundation for Public Policy Research, Inc., U.S. Border Control Foundation, Policy Analysis Center, Institute on the Constitution, and Conservative Legal Defense and Education Fund. Read More

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

Michael Harless 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), Virgil H. Goode, Jr. (R-VA), and Ted Poe (R-TX), Gun Owners Foundation, U.S. Border Control Foundation, U.S. Border Control, and Conservative Legal Defense and Education Fund. Read More

Ramos/Compean Amicus Oral Argument

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

The U.S. Court of Appeals for the Fifth Circuit heard oral argument today in the Ramos/Compean appeal.  Our local counsel, Mark Brewer, was in attendance and sat at counsel table with the attorneys for appellants Ramos and Compean.

The three-judge panel consisted of Judges E. Grady Jolly, Patrick E. Higgenbotham, and Edward C. Prado.  Assistant U.S. Attorney Mark Stelmach argued on behalf of the United States, Robert Baskett appeared for defendant Compean, andDavid Botsford appeared for defendant Ramos. Read More

U.S. v. Ignacio Ramos and Jose Alonso Compean Amicus Brief for Congressman Walter Jones, et al. 18 U.S.C. section 924(c)

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

Today we filed a Brief Amicus Curiae in the U.S. Court of Appeals for the Fifth Circuit supporting the appeal of Border Patrol Agents Ramos and Compean.  Counts four and five of the indictment charge the two with “Discharge of a Firearm in Relation to a Crime of Violence,” under 18 U.S.C. section 924(c), which the Supreme Court has ruled is only a sentencing factor, not one of the three elements — “using,” “carrying,” or “possessing” a firearm.  See Harris v. United States, 536 U.S. 545 (2002). Read More