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Old July 20, 2010, 09:51 AM   #4
Al Norris
Staff
 
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,317
Current 2A Cases

  • 41. Fletcher et al v. Haas: US District COurt for Massachusetts, 04-15-2011. Challenges MA residency requirement for Legal Immigrants (Resident Aliens) for CCW, SAF/Gura.
    • 03-30-2012 - Defendants MTD against the organizational plaintiffs, SAF and Comm2A is granted. Defendants MTD and cross-MSJ against Fletcher and Pyral is denied. Plaintiffs MSJ is granted (doc #31). Injunction is issued against the State (doc #32).


    Internet Archive
    Justia Summary
    TFL Thread
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  • 42. Williams v. Maryland: See TFL thread for details. On April 5, 2011, Stephan Halbrook filed for cert before the Supreme Court. At issue: Does bearing arms stop at the door stop or does it continue beyond.
    • 05-16-2011 - SCOTUS requests that MD respond to the petition for cert.
    • 05-17-2011 - MD asks for 30 day extension. Granted. Reply brief due on 07-15-2011
    • 07-15-2011 - MD AG Gansler files his opposition for cert brief
    • 07-26-2011 - Reply of petitioner Charles F. Williams, Jr. filed.
    • 10-03-2011 - Cert Denied.

    Internet Archive - None, State Case
    Justia Summary - None, State Case
    Williams Cert Stage Docket
    TFL Thread
    ~
  • 43. Lane et al v. Holder et al: U.S. District Court for the Eastern District of Virginia, 05-10-2011. Michelle Lane (a resident of D.C.) and the SAF are suing the US (Eric Holder) and Steven Flaherty (Superintendent, Virginia State Police). This civil suit challenges 18 U.S.C. § 922(b)(3), and 27 CFR §478.99 (residence requirements to transfer handguns/interstate ban on sells of handguns) and Va. Code § 18.2-308.2:2 (Virginia analog). Alan Gura is the Attorney.
    • Case was dismissed at an open hearing on 07-15-2011
    • 08-10-2011 - Appealed to 4th Circuit
      • 10-03-2011 - Opening brief was filed. See thread for details.
      • 11-07-2011 - Response from VA filed.
      • 11-07-2011 - Response from US filed (late).
      • 11-22-2011 - Reply brief filed by plaintiffs.
      • 02-08-2012 - Case is "tentatively" scheduled for oral arguments during the May 15 - 18 session.
      • 03-29-2012 - Case is delisted.
      • 07-13-2012 - Oral arguments set for October 23rd.
      • 10-23-2012 - Orals held. Case submitted.
      • 12-31-2012 - Decision: No Standing, lower court is Affirmed.
        • 05-28-2013 - Petition for Certiorari is filed. Case #12-1401.
        • 06-14-2013 - Waiver of right of respondent District of Columbia to respond filed.
        • 06-26-2013 - Brief amicus curiae of Community Association for Firearms Education filed.
        • 06-28-2013 - Order extending time to file response to petition to and including July 31, 2013.
        • 07-01-2013 - Brief amicus curiae of American Civil Rights Union filed.
        • 07-22-2013 - Order extending time to file response to petition to and including Sept. 6, 2013.
        • 09-06-2013 - Appellee files Response in Opposition
        • 09-24-2013 - Appellant files Reply.
        • 09-25-2013 - Scheduled for Conference Oct. 11, 2013.
        • 02-05-2014 - Scheduled for Conference Feb. 21, 2014.
        • 02-24-2014 - Cert Denied.

    Internet Archive
    Justia Summary
    Justia 4th Circuit Summary
    TFL Thread
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  • 44. Moore et al v. Madigan et al: SAF/Gura. Filed in the US District Court for Central Illinois, 05-12-2011. Civil suit against the complete ban on guns outside the home for self defense.
    • 02-03-2012 - Plaintifs MPI denied, Defendants MTD granted. Plaintiffs have Appealed to the 7th CCA.
      • 03-03-2012 - Opening Brief filed by Moore.
      • 05-09-2012 - A combined response to both Moore and Shepard was filed by the appellee.
      • 05-23-2012 - Plaintiffs file their reply.
      • 06-08-2012 - Oral arguments held.
      • 12-11-2012 - IL carry laws ruled unconstitutional. Decision vacated and remanded for declaration of unconstitutionality and issuance of permanent injunction. Mandate stayed for 180 days to allow legislature to remedy the problem.
      • 06-03-2013 - Defendant files a motion to extend the time for the Stay of Mandate.
      • 06-04-2013 - Motion to extend Stay of Mandate granted until July 9th.
      • 07-09-2013 - Mandate is issued by the CA7. Illinois Legislature overrides an amendatory veto and a carry law is in place.
    • 07-09-2013 - Madigan files an MTD on mootness grounds.
    • 10-09-2013 - MTD denied as Judge Meyerscough has ruled the case is not moot on the grounds that the relief requested has not been applied.

    Internet Archive
    Justia Summary
    CA7 Docket for 12-1269, Moore
    Justia Summary at 7th Circuit
    TFL Thread
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  • 45. Shepard et al v. Madigan et al: NRA civil suit similar to Moore, just above. Filed in the US District Court for the Southern District of Illinois, 05-13-2011. Jeffery M. Cross of FREEBORN & PETERS LLP, is the attorney of record.
    • 03-30-2012 - Defendants MTD is granted.
    • 04-03-2012 - Appeal filed and opened.
      • 04-13-2012 - State had asked for a Stay pending Moore. Appellants had asked for combining the oral arguments. Ordered by Chief Judge Easterbrook: Stay Denied. Motion to combine arguments granted.
      • 05-09-2012 - A combined response to both Moore and Shepard was filed by the appellee.
      • 05-23-2012 - Plaintiffs file their reply.
      • 06-08-2012 - Oral arguments held.
      • 12-11-2012 - IL carry laws ruled unconstitutional. Decision vacated and remanded for declaration of unconstitutionality and issuance of permanent injunction. Mandate stayed for 180 days to allow legislature to remedy the problem.
      • 06-03-2013 - Defendant files a motion to extend the time for the Stay of Mandate.
      • 06-04-2013 - Motion to extend Stay of Mandate granted until July 9th.
      • 07-09-2013 - Mandate is issued by the CA7. Illinois Legislature overrides an amendatory veto and a carry law is in place.
    • 07-09-2013 - Madigan files an MTD, doc #73, on jurisdiction grounds (case is moot).
    • 07-10-2013 - Plaintiffs file a response to the MTD, #74. Plaintiffs then file a motion for misc. relief, #75, and an expedited hearing, #76.
    • 07-11-2013 - State Defendants respond to Plaintiffs motions, #77.
    • 07-12-2013 - Sheriff Livesay files an MTD, #78, using the same reasoning as the State. Plaintiffs immediately respond, #79. The Court issues an order, #80, to brief on 2 specific questions (see thread). All responses due by NOON on the 18th of July.
    • 07-26-2013 - Case is dismissed for lacking subject matter (moot).
      • 07-29-2013 - Decision on MTD is appealed. Case #13-2661.
      • 07-30-2013 - Motion for Emergency Injunction, Motion to Expedite Appeal and Motion to Treat as filing as their Opening Brief.
      • 08-01-2013 - Motion for Injunction, denied. Motion to expedite, granted to the extent the filing is the Opening Brief.
      • 10-03-2013 - Oral arguments were heard.

    Internet Archive
    Justia Summary
    Justia Summary at 7th Circuit
    CA7 Docket for 13-2661, Sheppard
    Sheppard CA7 case at Justia
    TFL Thread
    ~
  • 46. Haynie et. al. v. Harris: Case# 3:10-cv-01255
    Challenges CA Assualt Weapons (pc 12050). US District Court for Northern California. Donald Kilmer, attorney for the Plaintifs.
    • 06-08-2011, Motion was made to relate this case with Richard v. Harris.
    • 06-08-2011, Motion was granted. All deadlines in Richards were vacated and will now use the same Docket has Haynie.
    • Initial Case Management Conference is set for 08-05-2011.
    • 10-22-2011 - Def MTD granted. Grants plaintiffs to file amended complaint by Nov. 4.
    • 11-04-2011 - Amended Complaint was filed.
    • 11-23-2011 - Defendants move for more time.
    • 12-16-2011 - Richards II consolidated with Haynie and Richards I. Defendants have until Dec. 26th to respond to the complaint.
    • 12-30-2011 - A joint stipulation and proposed order to reset the CMC as a 4th case will be related before the end of Jan.
    • 03-01-2012 - 4th case, Plog-Horowitz, et al., v. Harris, et al, Case No.: CV-12-0452 LB, has been related.
    • 10-24-2012 - A Stipulated Order of Dismissal (Plog-Horowitz) with prejudice was entered and a consolidated and amended complaint was ordered to be filed by Oct. 31st.
    • 10-29-2012 - Plog-Horowitz was dismissed. Second Amended Complaint (SAC) due on Nov. 1, 2012.
    • 11-01-2012 - SAC was filed.
    • 12-20-2013 - Third Amended Complaint filed.
    • 01-13-2014 - MTD filed by Defendants.
    • 01-27-2014 - Response to MTD and Motion MPI filed.
    • 02-03-2014 - Reply to MTD and MPI filed.

    Internet Archive
    Justia Summary
    TFL Thread
    ~
  • 47. Richards et al v. Harris et al: Case# 4:11-cv-02493-LB
    Challenges CA Assaualt Weapons and E-Check (pc 12050 and 12031(e)).
    US District Court for Northern California. Jason Davis and Donald Kilmer, attorneys for the Plaintiffs.
    • 06-08-2011, orders were made to vacate all deadlines and relate this case to Haynie.

    Internet Archive
    Justia Summary
    TFL Thread
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  • 48. Masciandaro v. United States: case No. 10-11212, petition for certiorari before the US Supreme Court. Whether or not firearms possession beyond the door step are protected.
    • Jun 22 2011 - Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 25, 2011)
    • Jul 5 2011 - Waiver of right of respondent United States to respond filed.
    • Jul 14 2011 - DISTRIBUTED for Conference of September 26, 2011.
    • Jul 25 2011 - Brief amicus curiae of Second Amendment Foundation, Inc. filed. (Distributed)
    • Aug 9 2011 - Response Requested . (Due September 8, 2011)
    • Aug 24 2011 - Order extending time to file response to petition to and including October 11, 2011.
    • Oct 11 2011 - Order further extending time to file response to petition to and including October 18, 2011.
    • Oct 18 2011 - Brief of respondent United States in opposition filed.
    • Oct 28 2011 - Brief in reply to opposition by appellant filed.
    • Nov 1 2011 - DISTRIBUTED for Conference of November 22, 2011.
    • Nov 22 2011 - Cert Denied.

    Internet Archive
    Justia 4th Circuit Summary
    Maciandaro Cert Stage Docket
    TFL Thread
    ~
  • 49. Smith v. Nelson: US District Court for South Dakota, 01-03-2011. Challenges SD residency requirement for Legal Immigrants for CCW. Robert J. Doody (ACLU), attorney for plaintiff.
    • 02-10-2011 Preliminary and permanent Injunction granted against defendants (#40).

    Internet Archive
    Justia Summary
    TFL Thread
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  • 50. Tribble v State Board of Education: Pro se case by law student at the University of Idaho. Challenges State Board and University regulations prohibiting firearms in married graduate housing.
    • 12-07-2011 - Judge Stegner grants Defendants MSJ and dismisses the suit (awaiting the decision for exact reasons).
      • 07-16-2012 - Opening Brief filed in the Idaho Supreme Court.
      • Sept. 2012 - Case Mooted when Mr. Tribble moved out of Campus Housing.

    Internet Archive - None. This is a State Case
    Justia Summary - None. This is a State Case
    TFL Thread
    ~
  • 51. Scocca et al v. Smith et al: A 14th Amendment Equal Protection case involving the issuance of CCW permits. US District Court for the Northern District of CA. Donald Kilmer and Jason Davis, attorneys for the plaintiffs.
    • 02-14-2012 - Case Stayed pending Nordyke.
    • 06-12-2012 - Stay is lifted. CMC scheduled for July 13, 2012.
    • 06-22-2012 - Order granting defendants #9 MTD, with leave to file an amended complaint.
    • 08-06-2012 - First amended complaint (doc #43) filed.
    • 09-16-2012 - Answer to the complaint is a MTD (doc #47).

    Internet Archive
    Justia Summary
    TFL Thread
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  • 52. Scott v. D.C. Housing Authority: Enjoining the D.C. Housing Authority from preventing tenants from keeping and bearing arms for self defense in their housing, contrary to lease agreements. Filed on 07-22-2011 in D.C. Stephan Halbrook, attorney for the plaintiff.

    Internet Archive
    Justia Summary
    TFL Thread
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  • 53. Doe v. Wilmington Housing Authority et al: Filed in US District Ciurt for Deleware, 06-01-2010. Challenges gun ban in public housing. Francis G.X. Pileggi (NRA), attorney for the plaintiffs.
    • 07-27-2012 - MSJ granted for the defendants.
    • 07-30-2012 - Judgment filed.
    • 08-27-2012 - Notice of Appeal filed.
      • 10-23-2012 - Opening brief was filed.
      • 11-26-2012 - Response by Appellees was filed.
      • 12-17-2012 - Reply brief was filed.
      • 02-28-2013 - Calendared Orlas for 05-23-2013.
      • 05-23-2013 - Orals held.
      • 07-18-2013 - Orders from the panel to certify State Law to the Delaware Supreme Court.
      • 07-31-2013 - Notification from Delaware Supreme Court that they will take up the question.
      • 03-18-2014 - Supreme Court of Delaware returns Opinion regarding the question of State law.

    Internet Archive
    Justia Summary
    TFL Thread
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  • 54. NATIONAL SHOOTING SPORTS FOUNDATION, INC. v. MELSON: Filed 08/03/11 in D.C. Federal District Court. Case #1:11-cv-01401-RMC. Vincent E. Verrocchio, attorney for plaintiffs. Suit seeks injunction and declaratory relief from the attempt by the BATF to require FFL's in the 4 border States to notify the BATF of multiple semi-automatic rifle sales, as being beyond the statutory authority granted by the Congress.
    • 08-15-2011 - Motion to relate 1:11-cv-01402-BAH (J&G Sales, LTD).
    • 08-18-2011 - Order to Consolidate J&G SALES, LTD. et al v. MELSON with NATIONAL SHOOTING SPORTS FOUNDATION, INC. v. MELSON.
    • 08-22-2011 - Motion for Preliminary Injunction by plaintiff NSSF.
    • 08-26-2011 - MPI by plaintiffs Foothills Firearms & J&G Sales.
    • 09-02-2011 - MPI Denied.
    • 09-12-2011 - Administrative record filed by ATF.
    • 09-23-2011 - MSJ filed by ATF.
    • 09-27-2011 - Motion to file Amicus Curiae by Brady Center. NSSF filed motion to stay MSJ in favor of expedited discovery.
    • 09-28-2011 - Motion to stay proceedings, denied.
    • 10-01-2011 - Motion in opposition to MSJ and cross-MSJ filed by Foothills Firearms and J&G Sales.
    • 10-12-2011 - Cross-MSJ and opposition to defendants MSJ filed by NSSF.
    • 10-21-2011 - Defendants reply to opposition and cross-MSJ's.
    • 11-01-2011 - Plaintiffs file counter replies.
    • 11-08-2011 - Defendants file surreply.
    • 01-13-2012 - Defendants MSJ, granted and plaintiffs MSJ, denied.
    • 01-16-2012 - Notice of Appeal filed.
      • 08-08-2012 - Appellants J&G Sales and Foothills Firearms filed opening brief.
      • 08-09-2012 - Appellants NSSF filed opening brief.
      • 09-10-2012 - Appellee response brief is filed.
      • 09-25-2012 - The Brady Center files an amicus brief.
      • 10-09-2012 - Both Appellants file their separate reply briefs. Briefing is now complete and we await a date for oral arguments.
      • 11-07-2012 - Oral arguments scheduled for 01-09-2013.
      • 05-31-2013 - Per Curiam, Lower Court Decision Affirmed. Separate Opinion by Judge Henderson.

    Internet Archive
    Justia Summary
    Justia Summary at DC Circuit
    CADC Internet Archive
    TFL Thread
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  • 55. J&G SALES, LTD. et al v. MELSON: Filed 08/03/11 in D.C. Federal District Court. Case #1:11-cv-01402-BAH. Stephan Halbrook (NRA), attorney for the plaintiffs. Suit seeks injunction and declaratory relief from the attempt by the BATF to require FFL's in the 4 border States to notify the BATF of multiple semi-automatic rifle sales, as being beyond the statutory authority granted by the Congress.
    • 08-18-2011 - Order to consolidate this case with NSSF case granted.

    Internet Archive
    Justia Summary
    TFL Thread
    ~
  • 56. Ron Peterson Firearms, LLC v. Melson: Case # 1:2011cv00678. US District Court for New Mexico, Aug 3, 2011. Richard E. Gardiner (NRA), attorney for the plaintiff. Suit seeks injunction and declaratory relief from the attempt by the BATF to require FFL's in the 4 border States to notify the BATF of multiple semi-automatic rifle sales, as being beyond the statutory authority granted by the Congress.
    • 10-05-2011 - Case stayed pending relatedness.

    Internet Archive
    Justia Summary
    TFL Thread
    ~
  • 57. 10 Ring Precision, Inc. v. Melson: Case # 5:2011cv00663. US District Court for the Western District of Texas, Aug. 5. Joseph Allen Halbrook , Jr. (NRA), attorney for plaintiff. Suit seeks injunction and declaratory relief from the attempt by the BATF to require FFL's in the 4 border States to notify the BATF of multiple semi-automatic rifle sales, as being beyond the statutory authority granted by the Congress.
    • 12-22-2011 - Stayed pending relatedness.

    Internet Archive
    Justia Summary
    TFL Thread
    ~
  • 58. Osterweil v. Bartlett: Case # 1:2009cv00825. U.S District Court for the Northern District of New York, July 21, 2009. Alfred G. Osterweil, pro se. Applied for a NY premises pistol permit, even though he is a part time resident. Lost at District level and with the help of the NRA, is appealing to the 2nd Circuit Court.
    • Appellant brief scheduled on or before Jan 5, 2011.
    • 12-15-2011 - Motion to extend time to file ordered. 01-26-2012 is the new deadline.
    • 01-26-2012 - Appellants Opening Brief filed.
    • 02-07-2012 - Appellees granted extension to file response. Response due 04-26-2012.
    • 04-27-2012 - A motion by the Appellees to stay the proceedings to certify the question to the NY Court of Appeals was denied. The Appellees must answer the appeal by June 25th. The Motions Panel will decide the issue of certification.
    • 06-26-2012 - Appellee files their response brief.
    • 07-10-2012 - Osterweil files his reply brief.
    • 08-30-2012 - Argument scheduled for 10-26-2012.
    • 10-26-2012 - Case argued and submitted.
    • 01-29-2013 - A Non-Dispositive opinion, written by Justice O'Conner (ret), certifying the question to the New York Court of Appeals.
    • 05-28-2013 - LETTER, dated 05/24/2013, regarding scheduling (to be heard on 09-12-2013), on behalf of State of New York Court of Appeals, , RECEIVED. Service date 05/28/2013 by US mail.[963080] [11-2420]
    • 10-15-2013 - NY High Court has said that part-time residents qualify for handgun permit. Case now goes back to the CA2.

    Internet Archive
    Justia Summary
    Justia 2nd Circuit Summary
    TFL Thread
    ~
  • 59. Baker v. Kealoha: Hawaii Federal District Court Filed: 8/23/2011 Case: CV11 00513. Case was dismissed by plaintiff and refiled 8/30/2011: Case CV11 00528.. The complaint is located at the Internet Archive link, below. Richard Holcomb, Alan Beck and Kevin O'Grady, attorneys for the plaintiff. This is a right to carry case and facially challenges several Hawaii Statutes. See Hawaii Concealed Carry for the official press release.
    • 08-30-2011 - Pltf's Complaint (#1) filed simultaneously with a Motion for Preliminary Injunction (#5.1).
    • 09-21-2011 - Defdnt's file answer (#14) to complaint and MPI, simultaneously with an MTD (#15.1).
    • 09-28-2011 - Defdnt's file a MJP (#18.1).
    • 09-30-2011 - Hearing for all motions set for 01-17-2012.
    • 03-21-2012 - Hearing held on plaintiffs Motion for Preliminary Injunction, denied. Defendants cross-MTD, granted in part and denied in part.
    • 04-30-2012 - Judge releases his ORDER on the above hearing.
    • 05-29-2012 - Plaintiff files notice of appeal and motion to stay case pending appeal.
    • 06-19-2012 - Order granting plaintiff Motion to Stay.
      • 06-26-2012 - Appellant files Motion to expedite case.
      • 06-26-2012 - Appellant files opening brief.
      • 08-07-2012 - Appellee files response brief.
      • 08-21-2012 - Appellant files Reply brief.
      • 12-06-2012 - Oral Arguments heard.
      • 03-20-2014 - In an unpublished opinion, siding for Baker, the CA9 sends the case back to district court.

    Internet Archive
    Justia Summary
    12-16258 docket at CA9
    Justia Summary at the 9th Circuit
    TFL Thread
    ~
  • 60. Bauer, et al v. Harris, et al: Filed on Aug 25th, 2011 in the Eastern District of CA. Case # 1:2011cv01440. Claims that certain fees that are charged to owners when buying firearms are in fact taxes. That the taxes are unlawful under the CA constitution, and in any event, that the taxes impose an impermissible burden on the acquisition of constitutionally protected firearms. Chuck Michel & Associates (NRA & CRPA), attorneys for the plaintiffs.
    • 01-11-2012 - Joint Stipulation to extend times. Granted on 01-17-2012.
    • 02-09-2012 - First Amended Complaint filed.
    • 03-08-2012 - Defendants answer to FAC filed.
    • 04-04-2012 - Stayed pending Nordyke.

    Internet Archive
    Justia Summary
    TFL Thread
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