Wilson v. Holder et al

NatoRepublic · October 24, 2011, 06:18 PM

This one came to my attention, and I didn't see a thread or other mention of it here, so I thought I would start one.

Basically Ms. Wilson is a medical marijuana user in the state of Nevada, where it is legal. The BATFE made a ruling that she is an unlawful user of a controlled substance and therefore is prohibited from purchasing a firearm. She is now suing to get her pistol. According to the complaint they are demanding a trial by jury.

Ms. Wilson is a well known medical advocate in the state of Nevada.

I have attached a copy of the complaint which is filed in Nevada district court. On a side note, ladies and gentlemen I believe we just got dragged into someone else's fight with the US government.

**Tom Servo** · October 24, 2011, 06:36 PM

She may not have read Gonzales v. Raich. We have a Supreme Court precedent that, right or wrong, clarifies the situation in favor of the BATFE. That pretty much cuts any litigation off at the knees.

secret_agent_man · October 24, 2011, 08:39 PM

SCOTUS aside, it's a matter of states' rights as to who can and cannot buy a
firearm in any give state, most especially in a state where the firearm is manufactured. I could be wrong, but the old saw here behind federal regulation of gun buys is probably the Commerce Clause,once again stretched too far.

**Al Norris** · October 24, 2011, 09:58 PM

This may not be as bad as first blush would make it.

The biggest hurdle to overcome, is that with the makeup of the current Court, Thomas is the only sure vote to take such a case. See Raich.

I can see an MTD on standing being upheld (see Raich). In the alternative, an MJP will be upheld (again, see Raich). On the chance this case survives those, it will not survive an MSJ (finally, see Raich).

I'll go ahead and collect the data, add it to the list, just on the off chance the Commerce Clause just might be corralled (a very long shot, see Raich).

hermannr · October 24, 2011, 10:17 PM

This question is going up the ladder in OR. Jackson Co. Oregon Sheriff Mike Winters and MM user Cynthia Willis. It is already past all the state stuff and Sheriff Winters has a petition in to be heard in the US Supreme Court.

Mrs Willis applied to renew her OR CPL in 2008, (Shall issue state) Sheriff refused to issue, went all the way to the OR state supreme court in Mrs Willis favor, Sheriff Winters has appealed to the US Supreme Court.

Washington County, OR has a similar appeal in waiting. This all was as 10/2011

**Al Norris** · October 24, 2011, 10:37 PM

The data for the Wilson case has been placed and all links work (really, a first for RECAP!).

~~Hermannr, do you have the case no. for that Oregon case? (The Court could deny cert or GVR, see Raich - which would indicate what will happen here)~~

Found the Winters case. See the Current 2A Cases thread.

**Al Norris** · January 11, 2012, 10:20 AM

~~Orders came out last Monday (Jan. 9th), Cert is Denied.~~

Ops! Wrong Thread.

CowTowner · January 11, 2012, 11:12 AM

^^ Al, was this supposed to part of the previous post?

**Al Norris** · January 11, 2012, 03:38 PM

No. I posted to the wrong Thread! sigh.

No further activity in the Wilson case. The reply to the complaint is due next week, assuming I have calculated the dates correctly.

**Al Norris** · October 31, 2012, 03:09 PM

Here is an update to this case.

On 02-03-2012, the defendants filed their response to the complaint by means of a motion to dismiss (MTD) or in the alternative, a motion for summary judgment (MSJ). This can be read here: http://www.archive.org/download/gov....83947.10.0.pdf

On 03-09-2012, the plaintiff filed a response with a cross-MSJ. That response can be read here: http://www.archive.org/download/gov....83947.17.0.pdf

On 02-03-2012 it was stipulated and on 06-21-2012 it was ordered that the personal injury portions of the complaint against Eric Holder, Todd Jones and Arthur Herbert be dismissed. These person are continued in the complaint as acting in their official capacities.

On 09-25-2012, the hearing on the motions were reset for 11-02-2012. The docket is now fully updated with all necessary annotations: http://www.archive.org/download/gov....47.docket.html

October 24, 2011, 06:36 PM	#2
Tom Servo Staff Join Date: September 27, 2008 Location: Foothills of the Appalach Posts: 7,110	She may not have read Gonzales v. Raich. We have a Supreme Court precedent that, right or wrong, clarifies the situation in favor of the BATFE. That pretty much cuts any litigation off at the knees. __________________ In the depth of winter I finally learned that there was in me an invincible summer. --Albert Camus

January 11, 2012, 11:12 AM	#8
CowTowner Senior Member Join Date: October 17, 2007 Location: Cowtown of course! Posts: 976	^^ Al, was this supposed to part of the previous post? __________________ NRA Chief Range Safety Officer, Home Firearm Safety and Basic Pistol Instructor "The democracy will cease to exist when you take away from those who are willing to work and give to those who would not." Thomas Jefferson

October 31, 2012, 03:09 PM	#10
Al Norris Staff Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 8,746	Here is an update to this case. On 02-03-2012, the defendants filed their response to the complaint by means of a motion to dismiss (MTD) or in the alternative, a motion for summary judgment (MSJ). This can be read here: http://www.archive.org/download/gov....83947.10.0.pdf On 03-09-2012, the plaintiff filed a response with a cross-MSJ. That response can be read here: http://www.archive.org/download/gov....83947.17.0.pdf On 02-03-2012 it was stipulated and on 06-21-2012 it was ordered that the personal injury portions of the complaint against Eric Holder, Todd Jones and Arthur Herbert be dismissed. These person are continued in the complaint as acting in their official capacities. On 09-25-2012, the hearing on the motions were reset for 11-02-2012. The docket is now fully updated with all necessary annotations: http://www.archive.org/download/gov....47.docket.html __________________ Listings of the Current 2A Cases: http://thefiringline.com/forums/showthread.php?t=416973

October 24, 2011, 08:39 PM	#3
secret_agent_man Junior member Join Date: March 25, 2011 Posts: 463	SCOTUS aside, it's a matter of states' rights as to who can and cannot buy a firearm in any give state, most especially in a state where the firearm is manufactured. I could be wrong, but the old saw here behind federal regulation of gun buys is probably the Commerce Clause,once again stretched too far.

October 24, 2011, 09:58 PM	#4
Al Norris Staff Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 8,746	This may not be as bad as first blush would make it. The biggest hurdle to overcome, is that with the makeup of the current Court, Thomas is the only sure vote to take such a case. See Raich. I can see an MTD on standing being upheld (see Raich). In the alternative, an MJP will be upheld (again, see Raich). On the chance this case survives those, it will not survive an MSJ (finally, see Raich). I'll go ahead and collect the data, add it to the list, just on the off chance the Commerce Clause just might be corralled (a very long shot, see Raich).

October 24, 2011, 10:17 PM	#5
hermannr Senior Member Join Date: March 24, 2011 Posts: 690	This question is going up the ladder in OR. Jackson Co. Oregon Sheriff Mike Winters and MM user Cynthia Willis. It is already past all the state stuff and Sheriff Winters has a petition in to be heard in the US Supreme Court. Mrs Willis applied to renew her OR CPL in 2008, (Shall issue state) Sheriff refused to issue, went all the way to the OR state supreme court in Mrs Willis favor, Sheriff Winters has appealed to the US Supreme Court. Washington County, OR has a similar appeal in waiting. This all was as 10/2011

October 24, 2011, 10:37 PM	#6
Al Norris Staff Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 8,746	The data for the Wilson case has been placed and all links work (really, a first for RECAP!). ~~Hermannr, do you have the case no. for that Oregon case? (The Court could deny cert or GVR, see Raich - which would indicate what will happen here)~~ Found the Winters case. See the Current 2A Cases thread.

January 11, 2012, 10:20 AM	#7
Al Norris Staff Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 8,746	~~Orders came out last Monday (Jan. 9th), Cert is Denied.~~ Ops! Wrong Thread.

January 11, 2012, 03:38 PM	#9
Al Norris Staff Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 8,746	No. I posted to the wrong Thread! sigh. No further activity in the Wilson case. The reply to the complaint is due next week, assuming I have calculated the dates correctly.