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Old July 20, 2010, 09:51 AM   #5
Al Norris
Staff
 
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,319
Current 2A Cases

  • 61. Lowery v. United States: Case No. 11-5241, petition for certiorari before the US Supreme Court. At issue: Is a conviction of possession of an unregistered handgun, in the home, in D.C., prior to Heller, unconstitutional?
    • Jul 13 2011 - Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 12, 2011)
    • Jul 27 2011 - Waiver of right of respondent United States to respond filed.
    • Aug 4 2011 - DISTRIBUTED for Conference of September 26, 2011.
    • Sep 12 2011 - Response Requested. (Due October 12, 2011)
    • Oct 6 2011 - Order extending time to file response to petition to and including November 14, 2011.
    • Nov 10 2011 - Order further extending time to file response to petition to and including December 14, 2011.
    • Dec 14 2011 - Brief of respondent United States in opposition filed.
    • Dec 26 2011 - Reply of petitioner Samuel Lowery filed. (Distributed)
    • Dec 29 2011 - DISTRIBUTED for Conference of January 13, 2012.
    • Jan 17 2012 - Certiorari Denied.

    Lowery Cert Stage Docket
    Justia Summary at D.C. Circuit
    TFL Thread
    ~
  • 62. Gonzales v. City of Omaha, et al: #8-11-cv-00335, US Federal Court, District of Nebraska. Plaintiff Armando Pliego Gonzalez, a lawful resident alien, is joined by the Nebraska Firearms Owners Association and the SAF are challenging the city's ordinance prohibiting non citizens from registering a handgun. David Sigale, attorney for the Plaintiffs.
    • 02-03-2012 - Injunction was issued. Omaha changed its ordinances. Case was terminated. Plaintiffs awarded costs.

    Internet Archive at District Court
    Justia Summary
    TFL Thread
    ~
  • 63. Chein v. California: Case No. 10-1474, petition for certiorari before the Supreme Court. At issue: Whether a court can impose a categorical weapons ban as a condition of probation for a nonviolent misdemeanor offense.
    • Jun 3 2011 - Petition for a writ of certiorari filed. (Response due July 7, 2011)
    • Jul 20 2011 - DISTRIBUTED for Conference of September 26, 2011.
    • Sep 15 2011 - Response Requested . (Due October 17, 2011)
    • Oct 17 2011 - Brief of respondent California in opposition filed.
    • Oct 31 2011 - DISTRIBUTED for Conference of November 22, 2011.
    • Nov 7 2011 - Letter of October 28, 2011, from counsel for petitioner received. (Distributed)
      [*'Nov 22 2011 - Cert Denied.

    Chein Cert Stage Docket
    State Court Issue - no summaries
    TFL Thread
    ~
  • 64. Wilson v. Holder, et al: #2:2011cv01679, filed on 10-18-2011 in the Nevada Federal District Court. Seeks a declaration that 18 USC sections 922(g)(3) and 922(d)(3) violate the 2A and 5A. This case pits a State issued Medical Marijuana permittee against the Commerce Clause.

    Internet Archive at District Court
    Justia Summary
    TFL Thread
    ~
  • 65. Winters v. Willis: Case #11-120, Petition for certiorari. Is an Oregon CHL preempted by Federal law if the licensee has an Oregon Medical Marijuana Card?
    • Jul 26 2011 - Petition for a writ of certiorari filed. (Response due August 29, 2011)
    • Aug 23 2011 - Waiver of right of respondent Cynthia Townsley Willis to respond filed.
    • Sep 14 2011 - DISTRIBUTED for Conference of October 7, 2011.
    • Sep 30 2011 - Response Requested . (Due October 31, 2011)
    • Oct 14 2011 - Order extending time to file response to petition to and including November 17, 2011.
    • Nov 3 2011 - Order further extending time to file response to petition to and including December 1, 2011.
    • Dec 1 2011 - Brief of respondent Cynthia Townsley Willis in opposition filed. VIDED.
    • Dec 14 2011 - DISTRIBUTED for Conference of January 6, 2012.
    • Dec 19 2011 - Reply of petitioner Michael S. Winters, Sheriff, Jackson County, Oregon filed. (Distributed)
    • Jan 9 2012 - Petition DENIED.

    Supreme Court Docket
    Decision of the Oregon Supreme Court.
    TFL Thread
    ~
  • 66. Nichols v. Brown: #2:2011cv09916, filed pro per on Nov. 30, 2011 in the Federal District Court for the Central CA District. This lawsuit seeks to invalidate several parts of the CA Penal Code in order to get Loaded Open Carry (LOC - a strictly CA term) recognized as a lawful right to bear arms.
    • 04-05-2012 Recommendation by Magistrate Suzanne H. Segal to dismiss the case (see doc #40).
    • 05-07-2012 - Order accepting Magistrates recommendations with leave to file an amended complaint.
    • 05-30-2012 - First amended complaint filed.
    • 06-29-2012 - Response is a MTD, or, in the Alternative, Motion for More Definite Statement.

    Internet Archive at District Court
    Justia Summary
    TFL Thread
    ~
  • 67. Jeff Silvester et. al. vs. Kamala Harris, et. al: Filed on 23 Dec., 2011 in the Eastern District (Fresno) of California. This lawsuit seeks to overturn the 10 day waiting period on firearms for those persons who already own firearms. Jason Davis, attorney.
    • 02-24-2012 - First Amended Complaint (FAC) filed.
    • 03-15-2012 - Answer to FAC by CA.
    • 05-15-2012 - Scheduling and Discovery. Non-Dispositive motions to be filed by 9/25/2013.
    • 04-23-2013 - Plaintiff Michael Poeschi is dismissed.
    • 06-24-2013 - Plaintiffs Attorney Jason Davis is substituted by Attorney Victor Otten.
    • 09-25-2013 - MSJ filed by CA.
    • 10-15-2013 - Opposition to MSJ filed by all Plaintiffs.
    • 10-22-2013 - Reply filed by CA.
    • 12-09-2013 - MSJ by Defendants, denied.

    Internet Archive at District Court
    Justia Summary
    TFL Thread
    ~
  • 68. HANSON et al v. DISTRICT OF COLUMBIA et al: Filed March 9, 2009 as 1:2009cv00454. This is a SAF/Alan Gura case that challenges the authority of D.C. to mirror the CA Safe Handgun Rooster. On May 7, 2009, this case was consolidated with Heller II (1:08-cv-01289-RMU - see doc #17. Decision is also at Justia). On June 25, 2009, D.C. Noticed an Emergency Rule making which change the CA Rooster to that of MD. The case was closed (as consolidated) on July 30, 2009.

    Note: This case was never added to the original listings, as it was closed before the listings were started. This is now listed as an FYI only.

    Internet Archive at District Court
    Justia Summary
    TFL Thread
    ~
  • 69. Jarvis v. Village Vault: Case #4:2012cv40032. Filed on March 27, 2012 in the MA Federal District Court, Central Division. David Jensen and Patrick Groulx, attorneys for the Plaintiffs. Sues over property (firearms) forfeiture without Due Process.

    Internet Archive at District Court
    Justia Summary
    TFL Thread
    ~
  • 70. Winbigler v. Warren County Housing Authority: Case #12-cv-04032, filed Apr. 3rd, 2012 in the Central District of IL. This is an SAF backed case with David Sigale as attorney for the plaintiffs. The suit seeks to have those portions of the rental agreements that deny renters their right to keep a firearm for self defense, within their rented units, declared unconstitutional and seeks a preliminary and permanent injunction.
    • 04-03-2012 - Complaint filed.
    • 05-29-2012 - Defendants answered the complaint.
    • 11-28-2012 - Plaintiffs accept an Offer of Judgment (FRCivP 68(a)) from the Defendants.
    • 01-22-2013 - Entry of Judgment made.
    • 03-12-2013 - Memorandum in Support of Judgment filed by both parties.
    • 05-01-2013 - ORDER entered by Judge Sara Darrow on May 1, 2013.

    Internet Archive at District Court
    Justia Summary
    TFL Thread
    ~
  • 71. Wisconsin Carry Inc et al v. City of Milwaukee et al: Case #2012-cv-00352. Filed on April 13, 2012 in the Eastern District Court of Wisconsin. By application of the 14A Due Process clause, this suit seeks to enjoin the City of Milwaukee and its police from treating firearms differently than any other property that should be returned to the owners after court cases have ended or prosecution was deferred. John Monroe, attorney for the plaintiffs.
    • 04-13-2012 - Complaint filed.
    • 05-10-2012 - Answer from defendnat John Chisholm.
    • 05-15-2012 - Answer from defendant Patti Klein.
    • 09-14-2012 - Plaintiffs MOTION for Default Judgment as to City of Milwaukee, Joseph Mendolla, and Mark Walton.
    • 10-09-2012 - Defaulted defendants motion to set aside default judgment.
    • 10-12-2012 - Plaintiffs file a brief in opposition to defaulted defendants motion to vacate.
    • 10-29-2012 - Defendants (in default) file their reply brief.
    • 10-31-2012 - Defendant City of Milwaukee files an MTD.
    • 11-27-2012 - First Amended Complaint filed by Plaintiffs.
    • 11-28-2012 - Answer to FAC filed by John Chisolm.
    • 12-03-2012 - Answer to FAC filed by John Barrett.
    • 12-13-2012 - Answer to FAC filed by City of Milwaukee.

    Internet Archive at District Court
    Justia Summary
    TFL Thread
    ~
  • 72. Jackson et al v. King et al: Case #12-cv-00421. Filed 04-21-2012. Seeks to invalidate New Mexico CCW law as it affects the inability of lawful resident aliens to obtain a permit (NMSA 1978, ยง29-19-4(A)(1) of the New Mexico Concealed Handgun Carry Act). David Sigale and Paul Kienzle, attorneys for the plaintiffs.
    • 04-21-2012 - Complaint is filed.
    • 05-17-2012 - New Mexico filed its answer to the complaint.
    • 08-09-2012 - Motion for a Preliminary Injunction against New Mexico is filed.
    • 08-24-2012 - Defendants file response in opposition to MPI.
    • 09-10-2012 - Plaintiffs file reply to opposition.
    • 09-12-2012 - Plaintiffs file an amended reply.
    • 12-18-2012 - Hearing held on MPI.
    • 01-04-2013 - Defendant NM AG file an MTD and a separate brief on severability. Plaintiffs file their response to the severability issue. Both parties agree that the unconstitutional portion of the CCW law can be severed from the act, while the rest of the act remains intact.
    • 01-08-2013 - Defendants file an MSJ.
    • 02-08-2013 - Response to #28 MTD.
    • 02-14-2013 - Response to #31 MSJ.
    • 03-30-2013 - Injunction Granted.

    Internet Archive at District Court
    Justia Summary
    TFL Thread
    ~
  • 73. Churchill et al v. Harris et al: Case #12-CV-01740, filed on April 6th, 2012, in the Northern District of CA. This is a SAF/CGF funded case that alleges that the police departments of both San Francisco and Oakland are unlawfully refusing to return lawfully-owned firearms to individuals who have had charges dropped after police investigations proved that they had done nothing wrong in violation of the 2A and 4A. The Suit also alleges that such a conversion of property is theft. Donald Kilmer and Jason Davis, attorneys fopr the Plaintiffs.
    • 04-06-2012 - Complaint filed.
    • 07-30-2012 - Answer to complaint filed by San Francisco.
    • 08-23-2012 - Voluntary dismissal of defendants City of Oakland and Oakland PD.
    • 08-30-2012 - MTD filed by CADOJ.
    • 09-14-2012 - Plaintiffs response to MTD.
    • 11-15-2012 - Hearing on the MTD held.
    • 11-21-2012 - Judge grants the defendants CAL AG and CAL DOJ their MTD on 11th Amendment immunity grounds with prejudice (no leave to amend).
    • 01-02-2013 - CMC reset for Apr. 18. 2013.

    Internet Archive at District Court
    Justia Summary
    TFL Thread
    ~
  • 74. Gowder v. City of Chicago, et al: Case #1:2011cv01304, filed on February 24, 2011, Northern Federal District Court of Illinois. Meghan A Gonnissen and Stephen A. Kolodziej of Ford & Britton, P.C. attorneys. Challenges that portion of the Chicago gun law that denied him a permit based upon a prior misdemeanor conviction of unlawful (simple) possession of a firearm, a non-violent misdemeanor conviction.
    • 06-19-2012 - Decision was filed and plaintiffs MSJ was granted.

    Internet Archive at District Court
    Justia Summary
    TFL Thread
    ~
  • 75. Teixeira et al v. County of Alameda et al: Case #4:12-cv-03288, filed June 25, 2012, in the Federal District Court for the CA Northern District. A Facial and As Applied 2A challenge to a county zoning ordinence mandating a distance from certain types of property and/or businesses. 14A Due Process and Equal Protection claims against the County in handling the zoning varience for the proposed busines. This is a SAF and CGF backed lawsuit with Donald Kilmer and Jason Davis as attorneys for the plaintiffs.
    • 06-25-2012 - Complaint filed.
    • 09-27-2012 - Defendants file an MTD.
    • 11-05-2012 - Plaintiffs file an MPI.
    • 11-16-2012 - Plaintiffs file their response to the MTD.
    • 11-30-2012 - Defendants file their response to the MPI.
    • 12-03-2012 - Defendants file their reply for the MTD.
    • 12-07-2012 - Plaintiffs file their reply for the MPI.
    • 12-18-2012 - Court orders supplemental briefings on both the MPI and the MTD. Supplemental briefs to be filed no later than Jan. 25, 2013. A hearing on both motions will held be on Feb. 22, 2013.

    Internet Archive at District Court
    Justia Summary
    TFL Thread
    ~
  • 76. McKay v. Hutchens: Case #8:12-cv-01458, filed Sept. 5th, 2012, in the Central District of CA. This case is being brought by the CRPA Foundation (NRA) and 5 individuals of Orange County. The suit alleges that the Sheriffs policies preclude the indivual defense of self, by not granting concealed permits, a violation of the 2A. Attorneys are Carl (Chuck) Michel, Glenn McRoberts and Sean Brady (a member of TFL): Michel & Assoc.
    • 09-05-2012 - Complaint Filed.
    • 09-07-2012 - First amended complaint filed.
    • 09-11-2012 - Motion for a Preliminary Injunction, filed.
    • 09-17-2012 - Ordered that the hearing for the MPI be held on Oct. 29, 2012.
    • 10-09-2012 - Defendants filed their opposition to the MPI.
    • 10-16-2012 - Plaintiffs filed their Reply to the opposition.
    • 10-25-2012 - Defendants answer to the amended complaint.
    • 10-29-2012 - At the hearing, Judge Selna denies the MPI.
    • 11-09-2012 - Plaintiffs file an appeal of the MPI with CA9 (#12-57049).
      • 11-29-2012 - Opening brief filed.
      • 12-06-2012 - Amici briefs filed for appellant: Congress of Racial Equality; Center for Constitutional Jurisprudence; International Law Enforcement Educators & Trainers Association; Gun Owners of California and the NRA Civil Rights Defense Fund.
      • 12-21-2012 - Granting extension to file reply until Jan. 18, 2013.
      • 01-17-2013 - Defendants/Appellees have filed their response.
      • 01-23-2013 - LCPGV (renamed LCAV) files an amicus in support of Appellees.
      • 01-24-2013 - Brady's file an amicus brief. Appellants Motion for extension to file reply.
      • 01-29-2013 - Motion for extension granted. Reply brief due on March 7, 2013.
      • 10-07-2013 - Oral Argument heard. Case submitted.
      • 11-12-2013 - Case Stayed, pending outcomes of several other cases (see CA9 Docket).

    Internet Archive at District Court
    Justia Summary
    12-59049 CA9 docket
    Justia Summary at CA9
    TFL Thread
    ~
  • 77. Dywinski, Richard v. State Of New York: Case #000290/2013, filed on 01-29-2013 in the Erie Civil Supreme Court of New York. James D. Tresmond, Attorney for the Plaintiff. This is a NY State lawsuit that seeks to overturn certain portions of the recently enacted NY SAFE Act.

    Internet Archive (none - State Case)
    Justia Summary (none - State Case)
    TFL Thread
    ~
  • 78. Davis et al v. Grimes et al: Case #1:13-cv-10246, filed on 02-07-2013 in the MA Federal District Court. The lawsuit seeks declaratory and injunctive relief on the arbitrary standards of issuing a LTC A permit with restrictions, denying the plaintiffs their 2A rights to carry for self-defense. David Jensen, Attorney for the Plaintiffs.
    • 02-07-2013 - Complaint filed.
    • 02-10-2013 - First Amended Complaint (FAC) filed.
    • 03-06-2013 - Answers to complaint by defendant Ouilette.
    • 03-07-2013 - Answers to complaint by defendants Grimes and Champagne.
    • 04-17-2013 - Defendant Gemme dismissed as a party to this case.

    Internet Archive at District Court
    Justia Summary
    TFL Thread
    ~
  • 79. Edward R. Holtz v. State of New York, et. al.: Case # xxxxx filed on Feb. 27, 2013 in the xxxxxx Court of New York. This lawsuit seeks declaratory and injunctive relief for certain portions of the NY SAFE Act. James Tresmond, attorney for the plaintiffs.
    • 02-27-2013 - Complaint Filed.

    Internet Archive (none - State case)
    Justia Summary (none - State case)
    TFL Thread
    ~
  • 80. New York State Rifle and Pistol Association, Inc. et al v. Cuomo et al: Case # 1:2013cv00291 filed on March 21, 2013 in the Western District of NY. Funded by the NRA, this lawsuit attacks much of the recently enacted NY SAFE Act facially and as applied. Stephan Halbrook and Brian Stapleton are the attorneys for the plaintiffs.
    • 03-21-2013 - Complaint filed.
    • 04-11-2013 - FAC filed.
    • 04-15-2013 - MPI filed and a Motion for Expedited Hearing by Plaintiffs.
    • 04-16-2013 - Defendants motion for extra time to reply.
    • 04-22-2013 - NRA files an Amicus Brief.
    • 05-14-2013 - New York State Sheriffs Association, et al filed an Amicus brief.

    Internet Archive at District Court
    Justia Summary
    14-37 CA2 docket
    TFL Thread
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