Colorado Appellate Court Reverses Trial Court as to Some Colorado Gun Restrictions

Michael Harless Litigation

Our firm has been pleased to be co-counsel on a state constitutional challenge to the 2013 Colorado firearms gun control laws restricting possession of “high capacity” magazines and requiring background checks for private sales.  The Colorado Court of Appeals reversed the trial court, holding that we were entitled to a hearing on the magazine issue, but affirmed the background check issue.  Notably, one of the judges filed an important dissent.  Judge Graham’s opinion adopted our arguments that the Second Amendment is to be analyzed by a “text, history, tradition” analysis, not according to interest balancing tests such as in a pre-Heller Colorado case that used a “reasonableness” analysis.

Hedgepath v. Bentley — Chief Justice Roy Moore Response to Motion to Dismiss

Michael Harless Constitutional Law, Litigation, U. S. District Court, Southern District of Alabama

Today, representing Alabama Supreme Court Chief Justice Roy Moore, our firm joined with Alabama local counsel Douglas McElvy in filing a Motion to Dismiss a suit filed against certain Alabama state officials seeking to penalize their opposition to same sex marriage. A Brief in Support of the Motion was also filed.

Rocky Mountain Gun Owners v. Hickenlooper — Brief filed

Michael Harless Colorado Court of Appeals, Firearms Law, Litigation

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. Read More

Rocky Mountain Gun Owners et al. v. John C. Hickenlooper Complaint in the District Court, City and County of Denver, Colorado

Michael Harless District Court, City and County of Denver, Colorado, Firearms Law, Litigation

Today a complaint was filed in the case of Rocky Mountain Gun Owners,et al. v. John C. Hickenlooper in the District Court, City and County of Denver, Colorado on behalf of plaintiffs Rocky Mountain Gun Owners, National Association for Gun Rights, Inc., John A. Sternberg, and DV-S,LLC, d/b/a Alpine Arms. This case is a constitutional challenge of two Colorado firearm laws, HB 1229 and HB 1224. Our firm is serving as of counsel to the plaintiffs. Read More

GOF v. ATF Plaintiff’s Memorandum of Points and Authorities in Opposition to Defendant’s Motion for Open America Stay in the United States District Court for the District of Columbia

Michael Harless Firearms Law, FOIA Law, Litigation, U. S. District Court, District of Columbia

Today our firm filed Plaintiff’s Memorandum of Points and Authorities in Opposition to Defendant’s Motion for Open America Stay in the case ofGun Owners Foundation v. Bureau of Alcohol, Tobacco, Firearms and Explosives on behalf of plaintiff Gun Owners Foundation in the United States District Court for the District of Columbia.

GOF v. ATF Plaintiff’s Reply to Defendant’s Opposition to Plaintiff’s Motion for Partial Judgment on the Pleadings in the United States District Court for the District of Columbia

Michael Harless FOIA Law, Litigation, U. S. District Court, District of Columbia

Today our firm filed Plaintiff’s Reply to Defendant’s Opposition to Plaintiff’s Motion for Partial Judgment on the Pleadings in the case of Gun Owners Foundation v. Bureau of Alcohol, Tobacco, Firearms and Explosives on behalf of plaintiff Gun Owners Foundation in the United States District Court for the District of Columbia. Read More

GOF v. ATF Plaintiff’s Motion for Partial Judgment on the Pleadings in the United States District Court for the District of Columbia

Michael Harless Firearms Law, FOIA Law, Litigation, U. S. District Court, District of Columbia

Today our firm filed Plaintiff’s Motion for Partial Judgment on the Pleadings in the case of Gun Owners Foundation v. Bureau of Alcohol, Tobacco, Firearms and Explosives on behalf of plaintiff Gun Owners Foundation in the United States District Court for the District of Columbia. We filed the motion because the Government failed to respond to GOF’s FOIA request for 15 months, until this suit was filed, and then admitted it had asserted no specific exemptions. Read More

Gun Owners Foundation Files Suit to Obtain ATF Fast & Furious Records

Michael Harless Firearms Law, FOIA Law, Litigation, U. S. District Court, District of Columbia

On June 6, 2012, on behalf of Gun Owners Foundation, our firm filed a lawsuit in the U.S. District Court for the District of Columbia. The suit stemmed from an April, 2011 Freedom of Information Act request in which GOF sought records pertaining to the infamous “Fast and Furious” and program where ATF federal agents deliberately and incomprehensibly put firearms directly into the hands of Mexican drug cartels. Read More

Sergeant Gary A. Stein v. Colonel C.S. Dowling, et al. Additional Pleadings Filed in the United States District Court for the Southern District of California

Michael Harless Constitutional Law, Litigation, U. S. District Court, Southern District of New York

Today our firm joined with other co-counsel to file the following additional pleadings in the case of Sergeant Gary A. Stein v. Colonel C.S. Dowling,et al. in the United States District Court for the Southern District of California on behalf of plaintiff Sergeant Gary A. Stein: Read More

Sergeant Gary A. Stein v. Colonel C.S. Dowling, et al. Complaint and Motion for Temporary Restraining Order in the United States District Court for the Southern District of California

Michael Harless Constitutional Law, Litigation, U. S. District Court, Southern District of California

Today our firm joined with other co-counsel to file the following documents in the case of Sergeant Gary A. Stein v. Colonel C.S. Dowling, et al. in the United States District Court for the Southern District of California on behalf of plaintiff Sergeant Gary A. Stein: Read More

United States v. Bernard von NotHaus Amicus Reply Brief for Gold Anti-Trust Action Committee in the U.S. District Court for the Western District of North Carolina

Michael Harless Constitutional Law, Litigation, U. S. District Court, Western District of North Carolina

Today our firm filed an amicus reply brief in the case of United States v.Bernard von NotHaus in the U.S. District Court for the Western District of North Carolina on behalf of Gold Anti-Trust Action Committee (GATA). On June 10, 2011, the United States filed a reponse in oppostition to the GATA amicus brief, filed May 31, 2011.

United States v. Bernard von NotHaus Amicus Brief for Gold Anti-Trust Action Committee in the U.S. District Court for the Western District of North Carolina

Michael Harless Constitutional Law, Litigation, U. S. District Court, Western District of North Carolina

Today our firm filed an amicus brief in the case of United States v.Bernard von NotHaus in the U.S. District Court for the Western District of North Carolina on behalf of Gold Anti-Trust Action Committee. We also filed Appendix A to our amicus brief.

Court Order in Gold Anti-Trust Action Committee, Inc.’s Freedom of Information Act Lawsuit

Michael Harless FOIA Law, Litigation, U. S. District Court, District of Columbia

Today, the United States District Court for the District of Columbia ordered the Board of Governors of the Federal Reserve System to produce to the court for in camera inspection redacted and unredacted copies of 20 documents by January 14, 2011, in this Freedom of Information Act lawsuit by Gold Anti-Trust Action Committee, Inc. arising from requests for records beginning in 2007 relating to “gold swaps.”

Reply Comments Filed in Gold Anti-Trust Action Committee, Inc.’s Freedom of Information Act Lawsuit

Michael Harless FOIA Law, Litigation, U. S. District Court, District of Columbia

On December 22, 2010, our firm filed Plaintiff’s Reply to Defendant’s Opposition to Plaintiff’s Motion for In Camera Review and Limited Discovery in the United States District Court for the District of Columbia on behalf of Gold Anti-Trust Action Committee, Inc. in this Freedom of Information Act lawsuit arising from requests for records beginning in 2007 from the Board of Governors of the Federal Reserve System relating to “gold swaps.” Read More

Daniel Chapter One Reply Brief of Petitioners

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

On behalf of Daniel Chapter One (“DCO”), today we filed with the U.S. Court of Appeals for the D.C. Circuit the reply brief of petitioners. The DCO reply brief argues that the FTC brief unjustifiedly disparages DCO and the Feijos’ relationship to it in an erroneous effort to assert jurisdiction over a ministry. Further, the FTC brief’s claim that DCO’s ads created the overall net impression that its products claims were based upon controlled clinical studies is not supported in fact or by law. Finally, the FTC brief is mistaken about DCO’s constitutional and Religious Freedom Restoration Act claims.

Documents Filed in Gold Anti-Trust Action Committee, Inc.’s Freedom of Information Act Lawsuit

Michael Harless FOIA Law, Litigation, U. S. District Court, District of Columbia

Today, our firm filed the following documents in the United States District Court for the District of Columbia on behalf of Gold Anti-Trust Action Committee, Inc. (“GATA”) in this Freedom of Information Act lawsuit arising from requests for records beginning in 2007 from the Board of Governors of the Federal Reserve System relating to “gold swaps”: Read More

Daniel Chapter One Motion to Dismiss and Opposition to Government’s Motion for Preliminary Injunction

Michael Harless Health Law, Litigation, U. S. District Court, District of Columbia