Comments filed with Bureau of Alcohol, Tobacco, Firearms & Explosives opposing Multiple Rifle Sale Reporting (take two)

admin Administrative Law, Firearms Law

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.

Purportedly concerned about firearms being trafficked to Mexican drug cartels, three years Read More

Jackson v. City & County of San Francisco — Amicus Brief

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

Today, our firm filed a brief to uphold gun rights in the U.S. Court of Appeals for the Ninth Circuit, in support of a Petition for Rehearing En Banc, in the case Jackson v. San Francisco, No. 12-17803.

San Francisco ordinances prohibit the possession of a handgun within the home unless it is (i) being worn on the person or (ii) locked away. San Francisco also prohibits the purchase of hollowpoint Read More

Johnson v. United States — Amicus Brief

admin Firearms Law, U. S. Supreme Court

Today, our firm filed an amicus brief in the U.S. Supreme Court in the caseJohnson v. U.S., No. 13-7120.

The Petitioner, Johnson had been convicted of being a felon in possession of a firearm. Ordinarily, the trial judge would have had discretion to sentence Johnson up to 10 years in prison. However, the judge determined that Johnson met the definition of an “armed career criminal” under Read More

Article: Bureau of National Affairs Criminal Law Reporter – Abramski v. United States

admin Press Coverage

The BNA Criminal Law Reporter’s article on the Abramski decision, “Straw Man for Lawful Firearm Purchaser Made Material False Statement on ATF Form,” by Alisa Johnson, used some of our comments on the decision:

William J. Olson, Vienna, Va., who also participated in amicus briefs, characterized “the essence of the majority opinion” as, “if the Supreme Court thinks that Read More

Heien v. North Carolina — Amicus Brief

admin Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus curiae brief in the U.S. Supreme Court in support of a North Carolina man who challenged the constitutionality of his traffic stop. A police officer pulled Heien over because his car’s right rear brake light was not functioning properly. However, North Carolina law requires only one working rear “lamp.”

The Supreme Court of North Carolina had ruled that the Fourth Read More

Shew v. Malloy — Amicus Brief

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

Our firm filed in the U.S. Court of Appeals for the Second Circuit an amicusbrief in support of Connecticut gun owners who challenged Connecticut’s ban of so-called “assault weapons” and “large capacity magazines.”

The law being challenged was passed by anti-gun Connecticut legislators and signed by an anti-gun Governor, riding a wave of hysteria following the December 2012 mass murder Read More

Bill Olson on NewsmaxTV.com

admin Press Coverage

Bill Olson was interviewed by Steve Malzberg today on NewsmaxTV about the U.S. Supreme Court’s denial of the petition for certiorari filed in Hedges v. Obama. Our firm filed three amicus briefs in the Hedges case, one in district court, one in the court of appeals, and one in the U.S. Supreme Court. The Supreme Court’s refusal to review the Second Circuit’s opinion leaves standing Read More

Herb Titus speaks on Search and Seizure Law

admin Appearances

Herb Titus was a featured speaker on May 2, 2014 at the 8th Annual Conference on Eminent Domain held at Tides Inn, Irvington, Virginia on May 1 and 2. Consistent with the theme of this year’s conference – Charting New Territory — Herb’s topic was “Can a 4th Amendment Search and Seizure Become a 5th Amendment Taking?”

Drawing on the work of the firm ­ featuring its Read More

Article: WorldNetDaily Covers Our Amicus Brief in Chris Hedges Challenge to NDAA

admin Press Coverage

Bob Unruh’s article discusses the tragedy of the U.S. Supreme Court denial of Chris Hedges’ petition for certiorari challenging the constitutionality of National Defense Authorization Act of 2012. NDAA 2012 allows the U.S. military to arrest and detain, without charges, counsel, or trial, anyone thought by the government to be a threat based on vague standards.

Attempting to deflect public Read More

American Thinker publishes article — The Wurie Case: Restoring the Property Basis of the Fourth Amendment

admin Publications

This morning, the American Thinker published an article by Robert Olson, Herb Titus, and Bill Olson about the property rights basis of the Fourth Amendment and how it bears on the U.S. Supreme Court’s consideration of warrantless searches of cell phones. We previously filed an amicus brief in the case addressing this issue — United States v. Wurie.

Link to article

U.S. v. Wurie — Amicus Brief

admin Constitutional Law, U. S. Supreme Court

On April 9, 2014, we filed an amicus curiae brief in the case of United States v. Wurie. The issue before the court is whether arresting officers can search the cell phone of a person arrested without a warrant. However, the underlying issue in Wurie and its companion case, Riley v. California, is whether the Court will continue to apply its evolving reasonable Read More

Gun Owners of America & Gun Owners Foundation Comments to ATF on “Adjudicated as a Mental Defective”

admin Administrative Law, Firearms Law

President Obama announced that his Administration would do all in its power to stop gun violence. By that he seems to have meant reducing private ownership of firearms. Now, it turns out that he is not just doing things within his presidential power to achieve that objective – he is usurping legislative power to amend statutes unilaterally.

On January 7, 2014, the Bureau of Alcohol, Tobacco, Firearms, Read More

Herb Titus Quoted in BNA Article “Aiding and Abetting Use of Firearm Requires Advance Knowledge of Gun”

admin Press Coverage

Herb Titus was quoted in a Bloomberg Bureau of National Affairs (“BNA”) Criminal Law Reporter article entitled “Aiding and Abetting Use of Firearm Requires Advance Knowledge of Gun.” The article involves the case Rosemond v. United States, in which our firm filed an amicus brief on August 9, 2013.

Herb was quoted as saying that “bare knowledge of the presence of a firearm is sufficient Read More

U.S. Justice Foundation Comments to HHS on HIPAA Privacy Rule and the NICS System

admin Administrative Law, Firearms Law

Our firm filed comments for U.S. Justice Foundation with the U.S. Department of Health and Human Services (“HHS”) opposing its Proposed Rule designed to decrease the number of Americans who may possess firearms, particular adversely affecting Veterans.

Our comments explain that the HIPAA Privacy Rules have been perverted from their original purpose to enhance patient confidences. Especially, Read More