Discusses our brief in Harris v. Silvester. California forces its residents to wait 10 days after a purchase before a lawful buyer may acquire a lawful firearm.
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.
First, our brief dispelled the notion that California’s waiting period is “presumptively lawful” under Heller as a “condition on commercial sales of arms.” Second, our brief showed that waiting periods for firearm purchases do not fall within any of Heller’s “presumptively lawful” categories of regulations. Finally, our brief argued that, while the district court below correctly determined that the waiting period is unconstitutional, it did so for the wrong reasons. The district court based its decision not on the text and context of the Second Amendment, but on the same type of judicially-devised interest balancing test that the Supreme Court rejected in Heller.
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.
In 2013, representing the National Association for Gun Rights and Rocky Mountain Gun Owners, our firm challenged Colorado’s recent gun control laws in a Denver court. This suit was based exclusively on violations of the Colorado State Constitution. Interestingly, the Colorado Constitution is stronger even than the U.S. Constitution in defending gun rights. In two recent cases, Colorado courts had upheld gun rights that have been denied in the federal courts. Nevertheless, the district court dismissed the case without a hearing, not allowing us to present evidence of the flaws in the statue, nor the state’s rich history of promoting and protecting gun rights. We took an appeal to the Colorado Court of Appeals.
Today, our firm filed an amicus brief in the U.S. Supreme Court in support of a challenge to San Francisco’s gun storage and ammunition ordinances.
This decision comes as the latest in a long string of decisions wherein the lower federal courts simply have refused to implement the decision of the U.S. Supreme Court in Heller. As our amicus brief explains, the lower federal courts are in a state of open rebellion in the lower courts against Heller. Our amicus brief documents the lawless behavior of the lower federal courts, and urges the U.S. Supreme Court to grant certiorari.
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.
Our comments on behalf of Gun Owners America, Inc. to the Department of Health and Human Services on proposed HIPPA rules were cited in an article by Stephanie E. Pearl, “HIPPA: Caught in the Cross Fire,” published in the Duke University Law Journal, vol. 64, no. 3, p. 559, 565, n. 39 (2014).
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.
Purportedly concerned about firearms being trafficked to Mexican drug cartels, three years ago ATF snuck past the courts a requirement that all FFLs located in the four southwest border states (California, Arizona, New Mexico, and Texas) must report to the ATF any sale to a single person of two or more rifles within a five day period.
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 ammunition within city limits. A panel of three judges from the Ninth Circuit had upheld the ordinances on the ground that they “limit but do not destroy Second Amendment rights,” standing in stark contrast to the text of the Second Amendment which states clearly that the right “shall not be infringed.”
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 federal law, and thus subjecting him to a mandatory minimum sentence of 15 years.
See note above on “Comments filed with Bureau of Alcohol, Tobacco, Firearms & Explosives opposing Multiple Rifle Sales Reporting (take two)” filed on July 23.
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 of elementary school children in Newtown, Connecticut. Those supporting the law claimed that to stop the violence “military style” weapons must be banned.
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, and Explosives (“ATF”), issued Proposed Rules designed to vastly increase the number of Americans prohibited from owning firearms, including many U.S. Veterans, by changing the meaning of words contained in laws passed by Congress.
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 reason to impose an additional mandatory minimum consecutive sentence of five years…. The ruling has the effect of taking from the jury the key question of defendant’s guilt—his intent concerning the use of a firearm [and] upholds the power of prosecutors, not judges, to determine sentences given to thousands of defendants … Prosecutors will continue to have power de facto to impose mandatory minimum sentences — the very sort of sentences that Attorney General Eric Holder claims to oppose.”
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, with the new proposed amendments, these rules are now better understood as not involving privacy, but providing a justification for the federal government to have access to all of your private medical information.
Our firm filed comments for Gun Owners 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, even for self defense in the home.
The HHS Proposed Rule (“PR”) is one of the “23 executive actions” announced by the Obama Administration allegedly in response to the Newtown, Connecticut mass shooting. It proposes changes in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) regulations which were designed to establish national standards to protect the privacy of healthcare records. This PR would authorize health care providers to provide information to the National Instant Criminal Background Check System (“NICS”).
In New Jersey, it is a crime to possess a firearm unless you can prove that you fit within one or more tightly-drawn statutory exemptions. One exemption allows a person to have a handgun on his own property, but he may not step one foot beyond unless the gun is fully disabled and he is heading to an approved destination.
New Jersey carry permits are like honest politicians — they are rumored to exist, but few have ever actually seen one. As one State legislator observed: “It is virtually never done.” An ordinary person may be granted a permit only if he can prove to the satisfaction of a judge that his life is in grave danger. Certain members of the privileged class of government workers are permitted to carry firearms; they need only prove that they are currently or were formerly employed in law enforcement.
Every day we read about SWAT teams serving arrest warrants or search warrants at people’s homes, using no-knock raids in the middle of the night. Many of these police home invasions go wrong, with innocent people being shot, and sometimes killed, just because they were trying to defend themselves. Even criminals have learned to claim that they are the police while breaking into homes, to discourage resistance.