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.
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.
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.
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.
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.
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.
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 services.” Typically, these regulations apply to businesses which manufacture weapons of war such as tanks and bombs, and there generally was no need for ordinary Americans to worry about this incredibly complex and convoluted area of the law.
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.
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.
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 to re-hear the case en banc. The Peruta case was consolidated with another case, Richards v. County of Yolo, which challenged Yolo County’s “good cause” policy. Our brief addressed issues in both cases.
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.
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. The FBI refused, arguing that to do so would put Henderson into temporary “constructive possession” of the firearms.
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” and (ii) so-called “large-capacity magazines” that hold more than 10 rounds of ammunition.
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 of analysis recommended by our first amicus brief.
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.