Comments to ATF Opposing Bump Stock Restrictions (Round 2)

admin Administrative Law, Firearms Law

Today we submitted another set of comments to ATF opposing its Notice of Proposed Rulemaking which would reverse long-standing ATF policy to determine, in violation of federal law, that a “bump fire” stock constitutes a “machinegun.”  Our comments were filed on behalf of Gun Owners Foundation.  Earlier, on January 18, 2018, we filed comments for GOF on the ATF’s Advance Notice of Proposed Rulemaking.

Link to comments

United States v. Kettler — Reply Brief

Jeremiah Morgan Constitutional Law, Firearms Law, U. S. Court of Appeals, Tenth Circuit

Today, we filed a reply brief responding to the Government’s brief in opposition on behalf of Jeremy Kettler.  Mr. Kettler was convicted in federal district court of possessing a firearm noise suppressor that was not registered to him pursuant to the National Firearms Act (“NFA”).  Read our previous discussion of the case and opening brief here. Read More

Hamilton v. Pallozzi

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

Today, we filed our second amicus brief in this case, in support of a petition for rehearing en banc in the U.S. Court of Appeals for the Fourth Circuit.  We urged the Fourth Circuit to rehear the case, because the panel decision ignored the requirements of the U.S. Constitution’s Full Faith and Credit clause.  The issue involved a Maryland resident’s right to purchase and possess firearms despite the judicial removal of disability to own firearms by a Virginia court after a Virginia conviction.

Peruta v. California

Michael Harless Constitutional Law, Firearms Law, U. S. Supreme Court

Today we filed a brief in the U.S. Supreme Court in support of the petition for certiorari filed in the Peruta challenge to California concealed carry laws.  Our brief, however, urged the Supreme Court to grant certiorari to review a broader issue than that sought by the petitioners, and based on a more robust understanding of the protections afforded by Second Amendment than that urged by petitioners. Read More

GOA/GOF Comments to ATF on Proposed Changes to Form 7

Michael Harless Firearms Law

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) are nothing like collectors (private persons).  The proposed form is complicated and unclear as to which sections apply to which license.  Moreover, the proposed form eliminates current language which is helpful to a person knowing whether or not he needs to apply for a license.  Our comments were filed on behalf of Gun Owners of America, Inc. and Gun Owners Foundation.

Grace v. District of Columbia

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

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 of firearms rights in England versus the unrestricted nature of firearms rights in the Colonies.  Our brief also argues that it is illegitimate for the Court to engage in judicial balancing tests of any type, as they were barred by the Supreme Court in District of Columbia v. Heller.  Lastly, we argued that the government does not have the authority to make predictive judgments as to who may violate the law and restrict liberties to prevent crimes that it fears may someday occur.

Hamilton v. Pallozzi

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

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. Read More

Voisine v. United States

Michael Harless Firearms Law, U. S. Supreme Court

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 nor violence.