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Old May 13, 2012, 10:32 PM   #1
Al Norris
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Where Are We With The 2A Cases?

Here is a wrap-up of where things stand. The links of each case refer back to the Internet Archive, as that's where the final determination will mostly be made, as most circuit courts will remand.
  1. Richards v. Prieto (was Sykes v. McGinness) Filed, May 5th, 2009. Alan Gura and Donald Kilmer are the attorneys for the plaintiffs.
    This case, against Sacramento and Yolu counties, seeks to have the terms "good cause" mean self defense and "good moral character" to mean passing a normal background check.

    Sacramento signed a stipulated agreement and was dismissed from the case on Nov. 4th, 2010.

    On Mar. 16th, 2011, a judgment was entered for the defendant Yolu County. The case was appealed to CA9 the same day. Currently stayed pending a decision in Nordyke.
  2. Peruta v. County of San Diego Filed, Oct. 23rd, 2009. Chuck Michel and Paul Neuharth are the Attorneys for the plaintiffs.
    This case is similar to the Prieto case, with the added cause that seeks to invalidate the full time residency requirement (part time residents should have the same right).

    On Dec. 10th, 2010, Judgment was entered for the defendant San Diego County. The case was appealed to CA9 on Dec. 14th, 2010. Currently stayed pending a decision in Nordyke.
  3. Peterson v. Martinez (was originally, LaCabe). Filed on Jan. 12th, 2010. John Monroe (Georgia Carry) is the attorney for the plaintiff.
    This case seeks to have Denver (City and County) laws invalidated as it regards carry for non-resident visitors. Additionally, it seeks to invalidate CO laws as much as they treat visitors the same.

    On Mar. 3rd, 2011, Judgment was entered for the defendants. The case was appealed to CA10 on April 8th, 2011,

    Oral arguments were heard on Nov. 17th, 2011. A second round of oral arguments were heard on March 19th, 2012. Awaiting a decision.
  4. Bateman v. Perdue Filed on Jun. 28th, 2010. Alan Gura, Kearns Davis and Wes Camden are the attorneys for the plaintiffs.
    This case seeks to invalidate the Emergency Powers of the Governor and various City/County municipalities as they regard the ability to carry, buy or sell firearms or ammunition during a declared emergency.

    On March 29th, 2012, Judgment was entered for the plaintiffs, invalidating the complained laws as being unconstitutional on 2A grounds. Because the nature of the statutes in question, strict scrutiny was applied. Time for appeal to CA4 has passed. This is now law in NC.
  5. Kachalsky v. Cacase Filed on Jul. 15th, 2010. Alan Gura and Vincent Gelardi are the attorneys for the plaintiffs.
    This is another case that seeks to challenge a States discretionary "Good Cause" laws.

    On Sep. 7th, 2011, Judgment was entered for the defendants. An appeal to CA2 was filed the same day. Currently the briefing is finished. A proposed date for oral arguments is the week of Aug. 20th.
  6. GeorgiaCarry.Org, Inc., et al v. State of Georgia Filed on Aug. 13th, 2010. John Monroe is the attorney for the plaintiffs.
    This case seeks to invalidate the Georgia ban on carry at churches as an infringement on 2A and 1A grounds.

    On Jan. 26th, 2011, Judgment was entered for the defendants. On Jan. 27th, an appeal was filed to CA11.

    On Oct. 6th, 2011, Orals Arguments were heard and we are currently awaiting a decision.
  7. Baker v. Drozdoff (was Baker v. Biaggi) Filed on Jul. 13th, 2010. James Manley and Robert Salyer are the attorneys for the plaintiff.
    Argues a tent in a campground is a home (albeit temporary) under Heller and that Nevada cannot bar anyone (resident or non-resident) the right to keep and bear arms for self defense in the home.

    On Sep. 21st, 2010, a Stipulated Preliminary Injunction and a temporary stay in further proceedings was granted, in order for the legislature to fix the problem (there was legislation introduced at that time) or in the alternative, the rule making body of Nevada could remedy the situation.

    On Mar. 30th, 2011, a second order of Injunction and Stay were entered.

    On Sept 29th, 2011, a third order of Injunction and stay was requested.

    On Feb. 27th, 2012, An Order approving a Feb. 22nd Stipulation to Dismiss without Prejudice was granted. Nevada rulemaking was completed on Oct. 26th, 2011 and cured the plaintiffs complaint.
  8. Woollard v. Sheridan Filed Jul. 29th, 2010. Alan Gura and Cary Hansel are attorneys for the plaintiff.
    This case challenges Maryland's Carry permit law that requires applicants demonstrate "good and substantial reasons."

    On Mar. 2nd, 2012, Judgment was entered for the plaintiff. Awaiting clarification on the Judgment from the bench and whether or not a temporary Stay will be placed on the Judgment.

    Clarification was that a Permanent Injunction was issued (Mar. 30th) and a temporary stay was placed on the injunction pursuant to an expedited briefing schedule. The State then appealed to CA4 on Apr. 2nd, 2012.
  9. Ezell et al., v. City of Chicago Filed Aug. 16th, 2010. Alan Gura and David Sigale are attorneys for the plaintiffs.
    This case originally was filed to challenge the Chicago ban on Firing Ranges, after the City changed it's regulations following the McDonald case.

    On Oct. 12th, 2010, A denial of a Motion for Preliminary Injunction was denied. On Oct. 28th, 2010, plaintiffs filed an appeal with the 7th Circuit on the denial of the PI.

    On Jul. 6th, 2011, the CA7 Reversed and Remanded the case with orders to file the Injunction. Scrutiny used by the panel was "not quite strict." That same day, Chicago changed their laws as regards Firing Ranges.

    On Oct. 15th, 2011, an Amended Complaint was filed. Currently, the process has started over from scratch.
  10. NRA v. BATFE (was D'Cruz, then Jennings). Filed on Sep. 8th, 2010. Charles Cooper, David Thompson, Fernando Bustus and Peter Patterson are attorneys for the plaintiffs.
    The complaint seeks to invalidate those portions of the 1968 Gun Control Act that prohibit adults aged 18 to 20 from buying handguns and ammunition from licensed dealers. See 18 U.S.C. § 921 and § 922.

    On Sep. 9th, 2011, Judgment was entered for the Defendants. Decision was appealed to CA5 the same day.

    All briefs have been filed in this appeal Awaiting date for Oral Arguments..
  11. NRA v. McCraw (was, D'Cruz, then Jennings). Filed on Sep. 8th, 2010. Charles Cooper, Brian Koukoutchos, David Thompson, Fernando Bustos and Peter Patterson are attorneys for the plaintiffs.
    The complaint seeks to invalidate those portions of Texas Concealed Carry Law that prohibit 18 - 20 year olds from applying for and receiving a carry permit. This is essentially a companion case to the above.

    On Jan. 19th, 2012, Judgment was entered for the Defendants. Decision was appealed to CA5 on Jan. 23rd.

    Briefing is currently ongoing.
  12. Schrader v. Holder. Filed on Oct. 13th, 2010. Alan Gura and Thomas Huff are attorneys for the plaintiff.
    This lawsuit seeks to remove lifetime gun bans from those convicted of common law misdemeanors.

    On Dec. 23rd, 2011, the suit was dismissed. Appealed to the DCCA on the same day.

    Briefing is currently in progress.
  13. Piszczatoski v. Maenz (was Muller). Filed on 11-22-2010, District of New Jersey. David Jensen and Robert P. Firriolo attorneys for the plaintiffs.
    This is another discretionary carry case.

    On Jan. 13th, 2012, Defendants MTD was granted. Appeal to CA3 was filed on Jan. 16th.

    At appeal, Alan Gura enters as an attorney for the Appellants. Briefing started on Apr. 9th, 2012.
  14. Hightower v. Boston. Filed on Nov. 24th, 2008, as a pro se case. Chester Darling and Alan Gura enter the picture on Mar. 3rd, 2009, by filing an amended complaint.
    This is essentially another case designed to do away with discretionary licensing of carry permits.

    On Sep. 29th, 2011, Defendants cross-MSJ was granted. Case was appealed to CA1 on Nov. 11th, 2011.

    Briefing has finished and oral arguments are scheduled for Jun. 6th, 2012.
  15. Enos, et al v. Holder, et al. Filed on Oct. 29th, 2010. Donald Kilmer is the attorney for the plaintiffs.
    This case challenges certain interpretations by the DOJ and BATF as regards restoration of rights in cases involving MCDV.

    On Feb. 28th, 2012, the case was dismissed with prejudice. Appeal to CA9 was filed the next day, Feb. 29th. Opening brief will be on Jul. 9th.
  16. Kwong, et al v. Bloomberg et al. Filed on Apr. 5th, 2011. David Jensen is the attorney for the plaintiffs.
    This case is the first to challenge exorbitant fees for licensing of firearms permits.

    On Mar. 26th, 2012, judgment was for the Defendants. Appeal was filed on Apr. 18th, 2012, to CA2.
  17. Fletcher et al v. Haas. Filed on Apr. 15th, 2011. Alan Gura attorney for plaintiffs.
    This case is similar to Smith in that MA forbids resident aliens from filing for a MA firearms permit.

    On Mar. 30th, 2012, Plaintiffs secured a Permanent Injunction against the State.

    The time for appeal is past. The Judgment stands.
  18. Lane et al v. Holder et al. Filed on May 10th, 2011. Alan Gura is the attorney for the plaintiffs.
    This case challenges the residency requirements of the US Code (GCA of 1968).

    At an open hearing on Jul. 15th, 2011, the judge dismissed the suit for lack of standing. Appeal to CA4 was made on Jul. 29th, 2011 and is currently fully briefed.

    We are awaiting a schedule for Oral Arguments (was listed, then delisted).
  19. Moore et al v. Madigan et al and Shepard et al v. Madigan et al. Moore was filed on May 12th, 2011 and Shepard was filed on May 13th, 2011. Alan Gura and David Jensen are attorneys for Moore, while William Howard and Jeffery Cross are (NRA) attorneys for Shepard.
    Although filed in two different IL district courts, they are essentially suing for the same thing: The 2A right to carry in whatever (regulated) form.

    IL has the current (and dubious) distinction of being the only State within the Union that does not allow carry, in any form, by its citizens.

    On Feb. 3rd, 2012, Moore was dismissed. Appealed to CA7 on the same day. Opening brief was filed on Mar. 3rd.

    On Mar. 30th, 2012, Shepard was dismissed. Appealed to CA7 on Apr. 3rd, 2012. Noted NRA attorney Charles Cooper now appears as an attorney for the appellants.

    This is where it starts to get strange. Since Moore has already filed its opening brief, the State appellees' ask for a 30 day extension to file.

    That motion is granted.

    The appellee then turns around and asks that Shepard be stayed, pending Moore. The NRA is ready for this, objects to the stay and files its opening brief well in advance of when it could. The NRA then asks that the two cases be combined at orals.

    Chief Judge Easterbrook denies the stay but allows for the two cases to be heard on the same day by the same panel.

    Think we're done playing games? Don't count on it!

    The State, in separate motions, asks the court to consolidate the cases and for a 60 day extension of time to file. The court denies the consolidation motion but partially grants the extension ... For 1 week. Here the court says that the appellees have until May 9th to provide their response to BOTH cases. Both appellants have until May 23rd to file their reply, if any. Orals will be heard on June 8th.

    These two cases have just rocketed ahead of all the other cases, except perhaps the Peterson case.
  20. Smith v. Nelson. Filed on Jan. 3rd, 2011. This is an action brought in SD by the ACLU.
    On Feb. 10th, 2011, a preliminary and permanent Injunction granted against defendants.
  21. Natl Shooting Sports Found., et al v. B. Todd Jones Filed on Aug. 3rd, 2011 in the DC district court. Vincent E. Verrocchio, attorney for plaintiffs NSSF and Stephan Halbrook (NRA) attorney for J&G Sales.
    This lawsuit challenges the BATF's orders to report multiple rifle sales in the 4 border States.

    What complicates this case is that at the NRA filed 3 other identical lawsuits in 3 different federal districts (one of which was DC). So far, the NRA DC case (J&G Sales and Foothills Firearms) has been consolidated with the NSSF case. The other two cases are on hold for their Judges determination of whether or not to transfer and consolidate those cases.

    On Jan. 13th, 2012, the case was dismissed. Appeal was made to DCCA on Jan. 16th.
  22. Osterweil v. Bartlett. Filed on Jul. 29th, 2009 (this case came to my attention back in Aug. 2011, hence it's placement in the Current 2A Cases data structure).
    This was originally a pro se case by a retired attorney. The suit, if successful will define what a "home" is. While the case lost at district court, it has been taken up by the NRA at CA2.

    Briefing is in progress.

Finally, yes, we are still waiting on whatever might happen to Nordyke v. King (part 5?) - perhaps among the longest running cases in our judicial system.

That's 23 cases (one-third of the cases I have listed in the main 2A Cases thread) at the Circuits or finished.
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Old May 13, 2012, 11:31 PM   #2
Jim March
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And we're still waiting a district-level decision on the DC carry case, right? The one that Judge Kennedy basically sat on forever so they gave it to a retired judge...?
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Old May 14, 2012, 08:21 AM   #3
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As always, Al, thanks.
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Old May 14, 2012, 10:59 AM   #4
Gary L. Griffiths
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Quote:
As always, Al, thanks.
+1 on that!

Al Norris is the Alan Gura of 2nd Amendment Information!
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Old May 14, 2012, 10:42 PM   #5
Al Norris
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Gary, while I don't have any objections to the thanks you offer, I simply can't let what you said stand. I am nowhere near the league in which Alan Gura plays.

To imply I am, is to denigrate Mr. Gura's own standing.

The thanks are appreciated. I'm just a reporter, so the comparison is false.
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Old May 15, 2012, 08:24 AM   #6
Spats McGee
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Quote:
Originally Posted by Al Norris
Gary, while I don't have any objections to the thanks you offer, I simply can't let what you said stand. I am nowhere near the league in which Alan Gura plays.
Perhaps, this, then: You are the Dr. Watson, the Chronicler, to Gura's Sherlock Holmes. Is that more apt?
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Old May 15, 2012, 10:32 AM   #7
Al Norris
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[facepalm] sigh [/facepalm]

The point in posting this was to show everyone, especially those who think nothing is happening, that there is actually more going on than at first glance.

When going over the Current 2A Cases list, I was amazed at how many cases were actually at the circuit level. It's hard to tell, when you just browse those first 5 posts.

Look at what will happen in the next couple of weeks! Orals for Lane will be heard today. On the 21st, briefs in Schrader will be due. On the 23rd, briefs from Moore, Shepard and Woolard will be due. On the 29th, briefs in Piszczatoski will be due. On June 4th, another brief in Schrader. On June 6th, orals for Hightower. On June 8th, orals for Moore/Shepard... Also opening brief for Enos will be due.

In the big picture, a lot of things are happening this summer. Should we get conflicting opinions at these circuits (circuit splits), this bodes well for a SCOTUS cert for the 2012-2013 session.
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Old May 15, 2012, 10:41 AM   #8
Gary L. Griffiths
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Quote:
I am nowhere near the league in which Alan Gura plays.
At the risk of further hijacking the thread, I must respectfully disagree. Mr. Gura has tirelessly and brilliantly fought for our 2nd Amendment rights in many legal venues.

You have tirelessly and (IMHO) brilliantly chronicled his efforts and the efforts of other attorneys and laymen to accomplish the same ends. This has been no small effort on your part, and your efforts are greatly appreciated by this TFL member, and, no doubt, by scores if not hundreds of others, as well.

No, you're not in Mr. Gura's league when it comes to fighting legal battles for our rights, but your common-sense interpretation of legalese and commentary on his strategies have been invaluable in keeping us informed of the progress of this particular war.

I never said you were Sherlock Holmes, but you are an extremely energetic and competent Dr. Watson.
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Old May 15, 2012, 10:53 PM   #9
Al Norris
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RE: Fletcher v. Haas.

The appeals time clock has run out. I neglected to report that. Corrected. I also emailed Comm2A for clarification of the following (posted at MDShooters):

Quote:
The state is complying with the injunction and is assisting towns with the new process for handling resident alien LTC applications. Some towns are being less than helpful but Comm2A is ready to file suits to hold them to the law if necessary.
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Old May 16, 2012, 08:16 PM   #10
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I received clarification from Comm2A.

Quote:
The post you're referring to is largely true and the individual who posted it is generally pretty knowledgeable about our activities. In fact, as of a few days ago this is how I was reading the situation. In reality what we're finding is that the state is complying, but they've fail to communicate the change to the town licensing authorities. This puts the towns in the situation of not knowing how to proceed when an alien comes into apply. Several have been initially turned away, but for the most part followed up with the state to better understand the change in the law when asked to do so.

For the record, we have not come out and said we're ready to 'file suit'. We are, however, committed to seeing the process through and will not let the decision become a dead letter.
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Old May 16, 2012, 09:56 PM   #11
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Thank you so much for the update!
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Old May 18, 2012, 08:33 AM   #12
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The NRA should just erect a statue to Alan Gura outside their main building or something. The guy is all over the map fighting these cases.

Al, thanks for the summary. It IS hard to keep track of all the different cases going on.
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Old May 18, 2012, 08:48 AM   #13
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NJgunowner, I would settle for the NRA just playing nice with the SAF.
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Old May 18, 2012, 02:06 PM   #14
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I have a feeling that the NRA sees SAF as a competitor to their fund raising and membership.
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Old May 18, 2012, 02:30 PM   #15
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Funny how some organizations confuse the means of accomplishing their organization's activities with the purpose itself. Fundraising is the means, not the purpose of the NRA"s existence.
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Old October 9, 2012, 06:48 PM   #16
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Osterweil v Bartlett set for Oct 26 2012 NYC

Everyone interested in being able to protect themselves in one or more of their homes should follow this case- It is on the record for oral argument in New York City this month, October 26th, 2012, with Paul Clement handling the argument for Mr. Osterweil.

Further, there will be a talk radio segment with one of the attorneys on
www.talk1300.com, an Albany news radio show that can be heard through your computer if you are out of the Albany listening area. That will be this Thursday, 10:AM-10:30AM, hosted by Fred Dicker, the Albany Chief of the NYPost newspaper and radio show host.

If you own 2 homes but can only protect yourself in one of them, how does that make any sense?
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