Tonight, approximately 3,000 people came out to support Fauquier County, Virginia adopting a Second Amendment Sanctuary Resolution. Rob Olson spoke out in favor of the resolution supported by Virginia Civilian Defense League (VCDL), but against the watered down version that had been proposed. As he advised the elected officials: “Let’s do better than this. Let’s grow a spine and adopt something that’s meaningful.” Watch the video here.
Article: “Sixth Circuit Hears Debate Over Legality of Bump Stocks”
L-R: Rob Olson and Erich Pratt.
Today, Rob Olson presented oral argument before the U.S. Court of Appeals for the Sixth Circuit in our continuing litigation against ATF’s bump stock regulation issued in December 2018. The issue today before the court was the correctness of District Judge Paul Maloney’s ruling denying our motion for a preliminary injunction against the regulation. This article in CourthouseNews discusses the oral argument.
NY State Rifle & Pistol Assn. v. City of NY: Oral Argument in First Gun Case to Reach SCOTUS since Heller & McDonald
Prior to the December 2, 2019 oral argument in New York Rifle & Pistol Association, we provided this analysis.
ATF Firearms Industry Operations Manual Obtained via GOA FOIA Request
John Crump of Ammoland wrote an article about Gun Owners of America obtaining from ATF its internal “Firearms Industry Operations Manual.” This manual allows FFLs to better prepare for inspections by ATF. The manual was obtained by GOA in a matter our firm handled A PDF of the manual is available here.
Duncan v. Becerra
Today our firm filed an amicus brief in a challenge to a California law limiting the capacity of magazines to 10 rounds. We explain that the two-step test used by the lower federal courts undermines the U.S. Supreme Court decisions in Heller and McDonald. And we explain that weapons useful in military service are exactly the type of weapons covered by the Second Amendment under United States v. Miller and Heller.
Bump Stocks: Gun Owners of America v. Barr — Reply Brief
Today we filed our reply brief in the Sixth Circuit challenge to the ATF bumpstock regulations brought by Gun Owners of America. The issue is the district court’s refusal to issue a preliminary injunction to stop the ATF from declaring bump stocks contraband, by classifying them as machine guns.
Remington Arms v. Soto
Today we filed our second amicus brief in the defense of a firearms manufacturer who was sued in Connecticut after the Sandy Hook shooting. Our prior brief was in the Connecticut Supreme Court. This brief supports the manufacturer’s effort to obtain review by the U.S. Supreme Court. Most of the plaintiffs’ theories were rejected by the Connecticut Supreme Court, but it allowed the case to proceed based on advertising that supposedly would have appealed to young males to conduct shootings. Our brief explains why the Connecticut Court erred in its creation of a huge exception to the federal Protection of Lawful Commerce in Arms Act, a statute designed specifically to protect firearms manufacturers and dealers from suits such as this one.
Bump Stocks: Gun Owners of America v. Barr — Brief for Appellants
Today we filed our opening brief in the Sixth Circuit case of Gun Owners of America v. Barr — challenging the district court’s refusal to issue a preliminary injunction to stop the ATF total ban on the private ownership of bump stocks.
Johnson v. United States
Today we filed an amicus brief urging the U.S. Supreme Court to re-examine its Terry v. Ohio, stop-and-frisk doctrine. Although Terry stop and frisks were limited to a search for weapons, in this case one was used to justify seizing a bullet. Since that decision in 1968, both Fourth and Second Amendment law has changed. The property basis of the Fourth Amendment has been re-established, and the
Article: Jeremy Kettler Petition for Cert Pending
An article in American Military Times discussed the petition for certiorari we filed for disabled Army veteran Jeremy Kettler challenging aspects of the National Firearms Act. The article reproduces a Tweet about the case sent by our firm. See Supreme Court to decide to hear US Army vet’s ‘unconstitutional’ gun suppressor this week after national controversy
New York State Rifle & Pistol Association v. City of New York (Merits)
Today we filed our second amicus brief in support of a challenge to New York City’s near prohibition on transporting firearms. This is the first Second Amendment case that the U.S. Supreme Court has heard since Heller (2008) and McDonald (2010). Our brief details the lower courts’ open prejudice against gun rights and its disregard for the Supreme Court’s protection of Second
Bump Stocks: Reply Brief on Emergency Motion in SCOTUS
The Supreme Court allowed us to file a reply to the government’s opposition to our motion for an emergency stay of the ATF bump stock ban, which we filed at noon today.
Bump Stocks: Emergency Application for Stay by SCOTUS Pending Appellate Review
Today our firm filed an emergency application for stay with the U.S. Supreme Court (directed to Justice Sotomayor, Circuit Justice for the Sixth Circuit), requesting that the Court stay the effective date of the ATF’s Final Rule banning bump stocks pending review of the case by the Sixth Circuit.
Bump Stocks: GOA Files 28(j) Letter in Sixth Circuit
Today our firm filed a 28(j) letter with the Sixth Circuit, citing additional information in the D.C. Circuit cases of Guedes and Codrea. We point out that although the courts have issued stays in these and similar cases, the stays only apply to the specific appellants in each case, and do not grant the nationwide relief to bump stock owners being sought by Gun Owners of America, et al.
Bump Stocks: GOA Replies to Government Opposition
At 5:00 today, the Justice Department opposed our petition for emergency relief in the Sixth Circuit. At 10:30 tonight, we filed our reply to their opposition. The Sixth Circuit granted leave to file our reply brief.
Bump Stocks: Emergency Petition for Writ of Mandamus Filed in Sixth Circuit
The ATF reclassification of bump stocks as machineguns will take effect on Tuesday, March 26. The federal district court in which we challenged this classification change has yet to rule on our motion for an injunction. Therefore, we were forced to file this emergency petition in the U.S. Court of Appeals for the Sixth Circuit.
Jeremy Kettler v. United States
Today, we filed a Petition for Certiorari on behalf of Jeremy Kettler, who was convicted of possessing an unregistered firearm suppressor. Our petition asks the Supreme Court to review the Tenth Circuit’s decision, and to determine whether the National Firearms Act continues to be an appropriate exercise of Congress’s taxing power due to the many changes that have been made to the
World Net Daily: Hawaii: Gun-Carry Ban Legitimate Because It’s Century Old
World Net Daily carried a story discussing the amicus brief we filed in Young v. Hawaii on November 19, 2018.
Young v. Hawaii
Today we filed an amicus brief opposing a request for rehearing by the State of Hawaii of a Ninth Circuit decision which overturned Hawaii’s virtual ban on citizens bearing weapons. We opposed Hawaii’s argument that its laws against carrying firearms were long-standing, explaining that those laws existed when Hawaii was a monarchy where the reigning king or queen was sovereign — not as in the United States where the people are sovereign.
New York State Rifle & Pistol Association v. City of New York
Today we filed an amicus brief in support of a challenge to New York City’s near prohibition on transporting firearms. The New York City law only allows transportation of firearms from their permitted location to and from gun ranges within the city limits.
Article: Daily Caller Article Discusses our ATF Comments
Daily Caller article discusses our comments opposing Bump Stock Ban for Gun Owners Foundation.
Article: Multiple Pro-Gun Groups Submit Comments to ATF Over Proposed Bump Stock Ban
Townhall covered our comments to ATF on Bumpstock Regulations for Gun Owners Foundation.
Comments to ATF Opposing Bump Stock Restrictions (Round 2)
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.
Comments to ATF Opposing Bump Stock Restrictions
Today, we submitted comments to ATF on clarifying whether “bump fire” stocks fall within the statutory definition of “machinegun.” Our comments were filed on behalf of Gun Owners Foundation.
United States v. Kettler — Oral Argument
Today, the U.S. Court of Appeals for the Tenth Circuit held oral argument on the Kettler case. Our co-counsel in the case, Joe Miller, presented oral argument for Mr. Cox. The panel hearing the appeal consisted of Judges Hartz, Seymour and Phillips.
The oral argument my be listened to here.