Today we filed comments with the ATF on behalf of our clients Gun Owners of America and Gun Owners Foundation. These comments relate to Docket No. ATF 2021R-05: “Definition of ‘Frame or Received’ and Identification of Firearms.” These Comments explain why ATF has no authority to make these changes in the definition of “frame or receiver” set out in 8 U.S.C. Section 921(a)(3).
Duncan v. Bonta
Today, we filed an amicus brief attacking the constitutionality of a
California ban on standard capacity magazines, which the California law
mislabels as “Large Capacity Magazines.” The District Court and Ninth
Circuit panel both ruled for that the laws were unconstitutional, and
the Ninth Circuit granted rehearing en banc. Our brief defends the
decision
Crawford v. Pennsylvania — Defending Gun Rights of Philadelphians
Today, we filed an brief for Gun Owners of America, Inc. and other nonprofits opposing Philadelphia’s challenge to the constitutionality of Pennsylvania’s long-standing firearms preemption statute. That statute prevents Philadelphia from imposing greater firearms restrictions on its residents than those approved by the General Assembly for Pennsylvania as a whole. Philadelphia bases
VCDL/GOA/GOF v. City of Winchester (Virginia) — Complaint for Declaratory Relief, Application for Temporary and Permanent Injunction, and Petition for Writ of Mandamus
Together with Gilbert Ambler of the Ambler Law Offices, LLC (Winchester, VA) and David Browne of Spiro & Browne, LLC (Richmond, VA), we filed suit challenging a Winchester ordinance regulating possession of firearms. The case
Testimony given opposing Article V Constitutional Convention in South Carolina
This afternoon, Bill Olson testified via ZOOM before a subcommittee of the South Carolina Judiciary Committee opposing various bills calling for an Article V Convention of the States, also known as a Constitutional Convention. He also submitted the paper he and Herb Titus wrote exposing the false premises and false assurances of those supporting this radical proposal.
The Paper submitted to the Subcommittee is entitled “The ‘Con-Con’ Con” is available here.
Gloucester County School Board v. Gavin Grimm
Today we filed our fourth amicus brief in the Gloucester County School Board case, which now has been been in litigation for over five years. This case involves a high school girl who claimed that her high school violated Title IX by not allowing her to use the boys’ bathroom because she “identifies” as a boy. By a vote of 2-1, the Fourth Circuit panel found a violation. Our brief urges the U.S. Supreme Court to review that decision, explains why the School Board made the right choice, and shows why Title IX and the Equal Protection Clause were not violated.
Victory in the Sixth Circuit on Bumpstocks
In a 2-1 decision issued today, the U.S. Court of Appeals for the Sixth Circuit gave a victory to Gun Owners of America and Virginia Citizens Defense League in their challenge to the ATF Bumpstock regulations issued December 26, 2018. The opinion was written by Judge Alice M. Batchelder. Robert Olson of our firm argued the case in the Sixth Circuit, December 11, 2019.
Roberts v. U.S. Justice Department — Brief for Appellants
Today we filed the opening brief in our appeal to the Sixth Circuit in challenge to the ATF changing their policy, and refusing to allow persons with Michigan Concealed Carry Permits to purchase guns without another NICS check.
AFPF/Thomas More Law Center v. Becerra (Free Speech Coalition amicus brief)
Today we filed an amicus brief in support of the First Amendment rights of California nonprofit organizations, which are currently being required to file a list of their major donors with the California government. Our brief, filed on behalf of 21 nonprofit organizations, explains why a Constitutional Republic should never require voluntary associations to reveal the identity of their members
AFPF/Thomas More Law Center v. Becerra (Citizens United amicus brief)
Today we filed an amicus brief in support of AFPF’s and Thomas More’s First Amendment challenge to California’s compelled disclosure of information about the major donors of nonprofit organizations. We explain in our brief why the Ninth Circuit erred in determining that the Supreme Court’s landmark NAACP v. Alabama decision does not apply here. Second, we
The Unconstitutional Trial of Donald J. Trump
The Bull Elephant ran the article we wrote with Patrick M. McSweeney on the several ways in which the Senate Trial of President Trump violates the U.S. Constitution. We address: Article I, § 3, clause 7; Article II, § 4; Article I, § 3, clause 6; Article I, § 9, clause 3; and Article I, § 5, clause 2.
Wade v. Regents of the University of Michigan
Today our firm filed an amicus brief in support of a challenge to the University of Michigan’s infringement on the Second Amendment rights of its students. We explain why the university’s ordinance violates the U.S. Constitution, the Michigan Constitution, and various decisions of the U.S. Supreme Court, including District of Columbia v. Heller.
Mai v. United States
Today our firm filed an amicus brief urging the Supreme Court to review a Ninth Circuit decision which allowed a ban on gun possession by a man who had suffered a mental health crisis as a minor, but who had since then been found by the State of Washington not to be a danger to himself or to others. Nevertheless, as the Ninth Circuit has done in every Second Amendment challenge brought before
Caniglia v. Strom
Today our firm filed an amicus brief in support of a challenge to a First Circuit decision which upheld an illegal search and seizure of firearms by police after a Petitioner husband and his wife had a non-violent, non-threatening argument. Tired of arguing with his wife, the husband threw down an unloaded handgun and said something like “just shoot me.” The next day the police showed
Article: Overcoming the Court’s Abdication in Texas v. Pennsylvania
With Pat McSweeney, Bill Olson wrote this article in Western Journal suggesting a way to circumvent the Supreme Court’s dismissal of Texas’ original action challenging the changes in election law unconstitutionally imposed by the Pennsylvania State Supreme Court.
Our Firm Files Its 25th Amicus Brief in Support of Trump Administration Policies
Today, our firm filed our 25th amicus brief in support of the positions and policies of President Donald Trump since his inauguration on January 20, 2017. (On the other hand, when the Trump Administration erroneously banned the possession of bumpstocks, we filed suit to enjoin the ATF rule, in a case still pending in the U.S. Court of Appeals for the Sixth Circuit.)
Lange v. California
Today we filed an amicus brief opposing warrantless home invasions by police officers in pursuit of fleeing misdemeanor suspects. Both parties asked the court to reject a categorical approach that would allow such searches, but both favored a case-by-case rule that could allow such searches in some cases. To remain consistent with the text, history and tradition of the Fourth Amendment, we argued in favor of a categorical rule against such warrantless home invasions.
Texas v. Pennsylvania
Today we filed an amicus brief on behalf of Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC in support of Texas’ attempt to restore constitutional order to the selection of Presidential Electors. We explain how Texas and other states were harmed by Pennsylvania, Georgia, Michigan and Wisconsin when they allowed the circumvention of election procedures adopted by their state legislatures.
Texas v. Pennsylvania, Georgia, Michigan, and Wisconsin — Amicus Brief for U.S. Congressmen
Today, we filed an amicus brief in the U.S. Supreme Court in support of Texas’ original action against Pennsylvania, Georgia, Michigan, and Wisconsin challenging their certification of Presidential Electors.
This brief was filed for U.S. Congressman Mike Johnson and a group of 126 Members of the U.S. House of Representatives. In this brief, these Members of the federal legislature seek to protect the constitutional powers of state legislatures to determine the manner of appointing Presidential Electors.
Washington Times Op Ed — “State legislatures have absolute authority to select electors”
The Washington Times published an op ed written by Bill Olson and Pat McSweeney demonstrating the plenary authority of state legislatures to appoint electors. The piece explains that state certifications of votes are no impediment to a state legislatures power. And, legislatures may act without the call of the Governor. It is entitled “State legislatures have absolute authority to select electors.”
Republican Party of Pennsylvania v. Boockvar
Today we filed an amicus brief in support of a petition for certiorari filed by the Republican Party of Pennsylvania seeking to challenge the decision of the Pennsylvania Supreme Court changing Pennsylvania election law at the last minute before the November elections. We explained that the Pennsylvania Supreme Court usurped the authority of the Pennsylvania state legislature to make these decisions with respect to federal elections, subject only to Congressional action. We urge the Supreme Court to take the case to invalidate any ballots received after election day.
Paper: The Constitutional Duty of State Legislatures in a Contested Presidential Election
Today, Bill Olson and Virginia attorney Pat McSweeney released a paper they co-authored entitled “The Constitutional Duty of State Legislatures in a Contested Presidential Election.” The paper discusses in depth the provisions of the U.S. Constitution which vest total responsibility and power on state legislatures to select electors. This power includes the duty to ensure the integrity of a Presidential election, particularly when there is demonstrated fraud, corruption and foreign intrigue. The Western Journal published that article here: Link to article
Laity v. Harris
Today our firm served as co-counsel to file an amicus brief in support of a challenge to Kamala Harris’s eligibility for the office of Vice President of the United States. In our brief, we explain the meaning of the “natural born citizen” requirement set out in Article II, Section 1, Clause 5 of the U.S. Constitution, and discuss why Harris does not qualify.
Trump v. New York (Merits)
Today we filed our second amicus brief in the case of Trump v. New York, on the merits, defending the discretion given by Congress to the President to conduct the census. In our brief, we urge the court to reverse the district court’s decision which mandates that illegal aliens be counted in the apportionment basis for allocating seats in the House of Representatives and the Electoral College.
GOA Letter to Director of National Intelligence & Director of FBI re French Involvement in U.S. Elections
Today we sent a letter, transmitting copies of our October 6, 2020 complaint and exhibits that had been filed with the Federal Election Commission, to DNI Director John Ratcliffe and FBI Director Christopher Wray. This submission was made pursuant to a request of Director Wray made at a Press Conference seeking information about foreign intervention in federal elections on October 21, 2020.