Legal News

Amicus Briefs Filed to Defend Serial Number Gun Ban in Fourth Circuit :: 12/27/2022

U.S.A. –-(AmmoLand.com)-– In a previous article on AmmoLand, the West Virginia case was described where the federal ban on possession of a firearm with the serial number removed, was found to be unconstitutional. The case is USA v Randy Price.

Texas Drops Appeal Against Ruling Allowing 18-Year-Olds to Carry Guns :: 12/26/2022

Texas has decided to drop its effort to appeal an August 25, 2022, U.S. District Judge decision that found the state’s ban on 18-20 year-olds carrying guns in public unconstitutional.

Texas won't appeal judge's ruling striking down ban on carry for young adults :: 12/21/2022

One of the ongoing and unresolved debates over our right to keep and bear arms that’s playing out in the courts at the moment is the issue of when, exactly, our Second Amendment rights kick in. Several states have moved to raise the age to purchase a firearm of any kind from 18 to 21, while federal law allows for 18-year-olds to purchase long guns but not handguns from firearm retailers. Many states have set the age to carry a firearm at 21 as well, even if 18-year-olds are allowed to purchase or possess some firearms in their home, and several Second Amendment groups have filed lawsuits in states from California to Florida challenging these age restrictions; both before and after the Supreme Court handed down its decision in NYSPRA v. Bruen.

Federal Judge Blocks California's Discriminatory Firearm Lawsuit Fee-Shifting Regime :: 12/20/2022

A federal judge has declared California’s controversial “fee-shifting” tenet of the state’s new gun control law to be unconstitutional and permanently enjoined the state from enforcing this provision, known as Section 1021.11.

"Saint Benitez" delivers another win to gun owners (and legal smackdown to California AG) :: 12/03/2022

U.S. District Judge Roger Benitez, affectionately known as “Saint Benitez” among Second Amendment activists for his string of decisions striking down California gun control laws (decisions that have, unfortunately, largely been stymied by Ninth Circuit Court of Appeals judges), has unleashed his latest opinion on California Attorney General Rob Bonta in two cases that deal with a weaselly attempt by Gov. Gavin Newsom and state lawmakers to make it financially risky to challenge the state’s gun laws in court.

FPC Files Lawsuit Challenging Oregon "Large Capacity" Magazine Ban :: 12/01/2022

U.S.A. –-(AmmoLand.com)- Firearms Policy Coalition (FPC) announced today that it has filed a new Second Amendment lawsuit challenging Oregon Measure 114’s ban on magazines that can hold more than 10 rounds and requested a temporary restraining order to prevent the ban from being enforced while the case continues. The complaint and motion in Fitz v. Rosenblum can be viewed at FPCLegal.org.

Restraining Order Ban on Second Amendment, Decision Appealed to Fifth Circuit :: 11/29/2022

U.S.A. –-(AmmoLand.com)- On November 15, 2022, the United States Attorney in the Western District of Texas, Ashley C. Hoff, filed a Notice of Appeal to the United States District Court fro the Western District of Texas, Pecos Division in the case of USA v. Perez-Gallan.

Gun group, sheriff seek emergency hearing to block Measure 114 :: 11/28/2022

Oregon’s Measure 114 barely passed earlier this month in a ballot referendum, but it did pass. It’s set to not just become law, but one of the most restrictive gun control schemes in the entire nation. It’s so bad that it’s likely to at least temporarily halt all gun sales in the state until some things can be worked out.

Gun makers fire back, sue states over "public nuisance" laws :: 11/18/2022

Over the past couple of years a handful of states, starting with New York, have put laws on the books that allow citizens to sue gun makers over the third-party actions of criminals; an attempt to do and end-run around the federal Protection of Lawful Commerce in Arms Act, which was approved on a bipartisan basis in 2005 in an effort to curb these exact kinds of junk lawsuits meant to bankrupt the firearms industry. The most recent states to adopt these public nuisance statutes are New Jersey and Delaware, and they’re now the subject of brand new litigation aimed at overturning the regulations on the grounds that they violate the Supremacy Clause of the Constitution as well as many other portions of our founding document.

FPC, SAF sue over Delaware "assault weapons" ban :: 11/17/2022

Earlier this year Delaware Gov. John Carney signed HB 450 into law; a bill that bans the sale, manufacture, transport, import, transfer, and lawful use of many semi-automatic firearms arbitrarily designated as “assault weapons.”

Third Circuit Reaffirms that Even Nonviolent Felons May Lose Second Amendment Rights :: 11/17/2022

The case is Range v. Attorney General, an opinion jointly authored by Judges Patty Schwartz, Cheryl Ann Krause, and Jane Roth; it's the first circuit case to deal with the issue under the Bruen framework, and it has (following Bruen's instructions) a long and detailed historical analysis. Here's the quick summary of the result:

Dangerous Use of Serial Numbers Found Unconstitutional :: 11/14/2022

U.S.A. –-(AmmoLand.com)-– The most dangerous use of a serial number on a firearm is as a registration number. In effect, gun registration is gun confiscation. It was not the intent for which serial numbers were made. They were created to track firearms with production changes and as a way for government arsenals to track the production and military use of weapons.

Michigan Supreme Court kicks campus carry ban case back to lower court :: 11/11/2022

A challenge to the University of Michigan’s ban on firearms on campus is still underway after the state’s Supreme Court sent the case back to the Court of Appeals with instructions to re-consider its ruling in light of the Bruen decision.

Areas for Concealed Carry Expand in Alabama in 2023 :: 11/10/2022

The requirement for written permission in order to carry a concealed handgun in Alabama state parks goes away on January 1, 2023.

Oregon sheriff says she won't enforce magazine ban :: 11/10/2022

While the outcome of Oregon Measure 114 is still technically up in the air, it looks like the gun control ballot measure will pass by a narrow margin. With about three-quarters of the estimated vote already counted the magazine ban and permit-to-purchase laws are ahead 50.8-49.2, but most of the remaining ballots are expected to come from Multnomah and Washington counties, where support for Measure 114 is running high.

Federal court dismisses Florida marijuana gun rights lawsuit :: 11/08/2022

Throughout the nation, marijuana is being legalized to varying degrees. For some states, it’s really just about allowing its sale for medical purposes. For others, it’s pretty much sold like alcohol or cigarettes, where anyone of age can get it.

Latest New York Gun-Carry Law Ruled Unconstitutional Too :: 11/07/2022

A federal judge has found the bulk of the gun-carry law New York instituted in response to the Supreme Court striking down its previous law also violates the Second Amendment.

Ohio judge grants injunction against firearms preemption law :: 11/03/2022

Back in March of 2019, the Ohio legislature overrode the veto of then-governor John Kasich and approved HB 288; a measure that made a number of improvements to the state’s gun laws, including requiring prosecutors to prove beyond a reasonable doubt that a defendant was not acting in self-defense. Before the enactment of HB 228, Ohio was the only state in the nation that in essence presumed individuals were guilty unless they were able to prove they were acting in defense of themselves or others, and gun control activists lobbied hard to keep that ridiculous status quo in place.

Advocacy groups team up to smack down PA town’s ban on gun ranges :: 10/28/2022

There have been two cases, probably more, but two that I’ve followed over the last few years, that deal with Pennsylvania towns restricting people’s abilities to have shooting ranges on their property. There was a Second Amendment Foundation funded case, Drummond v. Robinson Township, which was settled in 2021 in the Western District Court of Pennsylvania, and remanded back to the lower court. The other case, Barris vs. Stroud Township, settled in the Commonwealth Court of Pennsylvania, with an order reversing a lower court’s decision, and it is now on appeal to the PA Supreme Court. A coalition of like minded patriots have banded together and filed an amicus brief in support of Barris.

Federal Court Rules: Federal Law Making Serialized Guns a Crime Unconstitutional :: 10/26/2022

Tennessee – -(AmmoLand.com)- On October 12, 2022, a federal district court in West Virginia ruled that a federal law that makes it a crime to possess a firearm with an altered, obliterated or removed serial number is unconstitutional under prohibition contained in the Second Amendment. The decision was entered in United States of America v. Randy Price, No: 2:22-cr-00097.

1592 Total Legal News

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