Current 2A Cases - Page 19

KyJim · December 24, 2013, 01:43 AM

Thanks.

Boulderlaw · January 11, 2014, 09:09 AM

Army Corps gun ban ruled unconstitutional - http://bit.ly/1eoEOep

http://www.volokh.com/2014/01/11/rig...s-tents-areas/

Al Norris · January 11, 2014, 10:49 AM

Boulderlaw, thanks for the help in watching these cases!

I'll get to the update as soon as I can, but I'm leaving for work at the moment.

Al Norris · January 26, 2014, 01:01 PM

Case #22, Parker v. CA (CA Ammo Ban), has been updated.

Al Norris · February 1, 2014, 12:27 AM

Case #88, Shew v. Malloy, has been added to the list.

This case was brought by the NRA and challenged the anti-gun laws that were passed in the wake of the Sandy Hook massacre, by the State on Connecticut.

This case was decided yesterday, at district court, in favor of the State. 2A 2-step, once again.

wolfwood · February 4, 2014, 01:29 AM

http://caselaw.findlaw.com/ma-suprem...t/1641408.html

Firearms Records Bureau v. Simkin (Mass. Aug. 8, 2013)

While it didn't make waves, this Mass case really was fairly important imo. Even though it the nonresident carry law does not affect a lot of people the fact the Supreme Court of Mass was willing to strike it down as applied to the petitioner is pretty significant imo.

Don P · February 4, 2014, 08:37 AM

And that one of the few factors that helped me decide to move south to the lovely state of Florida leaving the North East behind never looking back.

Al Norris · February 6, 2014, 11:12 PM

OK. We knew that the two CA5 cases by the NRA were being submitted for Conference on Feb. 21.

NRA v. BATF Case, Supreme Court docket #13-137
NRA v. McCraw, Supreme Court docket #13-390

Now we have confirmation that a SAF case is also going to be submitted that same day:

Lane v. Holder, Supreme Court docket #12-1401

There are several things that could happen here. We won't know until Monday, Feb. 24.

Meanwhile, Lyle Deniston (SCOTUSblog) has written an article over at Yahoo News: Constitution Check: What does it mean that there is a right to “bear” guns? - Yahoo News

Al Norris · February 16, 2014, 12:18 PM

There is some more movement in #4, Dearth v. Holder.

Since Recap quit working on this version of Firefox, I will have to do the update here and start a new thread for the case.

Al Norris · February 16, 2014, 12:25 PM

A case that I meant to include in my list is Kolbe v. O'Malley. A MD case that attempts to attack some of the worse things that SB281 did last year to MD gun owners.

One thing after another happened and I completely forgot to add that case to the list. That is now rectified. It is now Case #89 on the list.

Al Norris · February 18, 2014, 11:16 PM

While waiting for Judge Scullins to render a ruling, the Palmer Plaintiffs file supplemental notices of Morris v. US Army Corps of Engineers and more importantly, Peruta v. County of San Diego.

See the Docket.

Al Norris · February 24, 2014, 10:08 AM

Orders from the Conference last Friday, Feb 21, 2014 are out.

CERTIORARI DENIED
12-1401 LANE, MICHELLE, ET AL. V. HOLDER, ATT'Y GEN., ET AL.
13-137 NRA, ET AL. V. ATF, ET AL.
13-390 NRA, INC. V. McCRAW, STEVEN C.

SamNavy · February 25, 2014, 10:12 PM

For #84, NSSF vs Malloy in Connecticut,

http://ia600906.us.archive.org/18/it...09.docket.html

RULING granting 16 Motion to Dismiss for Lack of Jurisdiction; granting 16 Motion to Dismiss. Signed by Judge Janet C. Hall on 12/2/2013. (Malone, P.)

The PDF: http://ia600906.us.archive.org/18/it...01409.27.0.pdf

Because the pecuniary injury asserted as the basis for NSSF‟s standing is unrelated to the rights of democratic participation in the legislative process that NSSF seeks to vindicate, the court lacks the authority to adjudicate the claims put forward in this case. Accordingly, the case must be dismissed for lack of standing.

Al Norris · February 26, 2014, 10:22 AM

Thank you SamNavy. That was one that fell through the cracks. Meaning: I plain forgot about it.

I did log in PACER and recapped the docket. It appears that the NSSF did not appeal. The case has been updated, accordingly.

Al Norris · March 20, 2014, 05:31 PM

H/T to Maestro Pistolero for calling and alerting me.

With today's win in Baker, we now have 3 cases from the 9th circuit that were held in favor of the second amendment and the right to carry outside the home.

I have updated this and several other files to reflect current events.

**Aguila Blanca** · May 25, 2014, 12:29 PM

Appeal filed in #88, Shew v. Malloy (Connecticut). I'm not sure it's correct to refer to this case as an "NRA" case. The NRA is providing some behind-the-scenes assistance, but the Connecticut Citizens Defense League and the Coalition of Connecticut Sportsman are doing the heavy lifting. The CCDL alone has contributed "significant" money toward the legal expenses (as in upper six figures significant) and continues to raise funds.

Link to appeal: http://ccdl.us/blog/uploads/2014/05/...late-Brief.pdf

Davey · June 2, 2014, 12:06 PM

Kwong out of New York was denied cert. Onto the Supremesupreme Court now.

Al Norris · June 2, 2014, 01:40 PM

From Orders dated 06/02/2014:

Quote:

CERTIORARI DENIED

13-731 MORRIS, JARRETT, ET AL. V. GEORGE, CAROL A.
13-933 CAMPBELL-PONSTINGLE, PATRICIA V. KOVACIC, KATHERINE, ET AL.
13-993 KWONG, SHUI W., ET AL. V. DE BLASIO, MAYOR, ET AL.

Quote:

Originally Posted by Davey

Kwong out of New York was denied cert. Onto the Supremesupreme Court now.

Not sure if this was in jest or not.

This case is now dead.

Al Norris · July 27, 2014, 10:26 AM

For those just hearing the news (or even if you haven't), we have just won the long delayed Palmer case!

We just won Palmer at the DC District Court!

wolfwood · September 10, 2014, 05:15 PM

http://www.scribd.com/doc/234676717/...loha-MSJ-Order

loss in Fisher
appeal timely filed
transcripts filed

HDF's counsel entered as Plaintiff's counsel (me)
the opening brief is due in November

**Tom Servo** · September 21, 2014, 10:09 PM

The Hawaii District Court has just ruled in our favor. The state's refusal to issue firearms permits to resident aliens is unconstitutional under the 14th and 2nd Amendments.

Boulderlaw · October 22, 2014, 12:18 PM

Permanent injunction granted: https://www.scribd.com/doc/242999428...andum-Decision

**Tom Servo** · October 22, 2014, 07:39 PM

Cert granted by the Supreme Court. Discussion here.

Davey · October 23, 2014, 12:36 PM

Second Amendment Foundation has filed a lawsuit over Illinois' out of state residency requirements when applying for a carry permit.

http://www.saf.org/?p=4451

The only place I can find a link to the actual lawsuit is

http://illinoiscarry.com/forum/index...howtopic=52501

Bartholomew Roberts · October 30, 2014, 09:38 PM

New case attacking 922(o): Hollis v. Holder. The link takes you to the complaint but the basic case is someone noticed that 922(o) doesn't prevent a trust from making a post-1986 machinegun and filed a Form 1, which the ATF approved and then revoked after they had approved the stamp.

The suit attacks 922(o) on Second, Fifth, Ninth and Tenth Amendment grounds.

February 4, 2014, 08:37 AM	#457
Don P Senior Member Join Date: December 17, 2005 Location: Swamp dweller Posts: 6,187	And that one of the few factors that helped me decide to move south to the lovely state of Florida leaving the North East behind never looking back. __________________ *NRA Life Member, NRA Chief Range Safety Officer, NRA Certified Pistol Instructor,, USPSA & Steel Challange NROI Range Officer, ICORE Range Officer, ,MAG 40 Graduate* *As you are, I once was, As I am, You will be.*

September 21, 2014, 10:09 PM	#471
Tom Servo Staff Join Date: September 27, 2008 Location: Foothills of the Appalachians Posts: 13,059	The Hawaii District Court has just ruled in our favor. The state's refusal to issue firearms permits to resident aliens is unconstitutional under the 14th and 2nd Amendments. __________________ Sometimes it’s nice not to destroy the world for a change. --Randall Munroe

October 22, 2014, 12:18 PM	#472
Boulderlaw Junior Member Join Date: August 8, 2013 Posts: 3	Morris v. Army Corps Permanent injunction granted: https://www.scribd.com/doc/242999428...andum-Decision

October 22, 2014, 07:39 PM	#473
Tom Servo Staff Join Date: September 27, 2008 Location: Foothills of the Appalachians Posts: 13,059	Henderson v. United States Cert granted by the Supreme Court. Discussion here. __________________ Sometimes it’s nice not to destroy the world for a change. --Randall Munroe

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December 24, 2013, 01:43 AM	#451
KyJim Senior Member Join Date: July 26, 2005 Location: The Bluegrass Posts: 9,142	Thanks.

January 11, 2014, 09:09 AM	#452
Boulderlaw Junior Member Join Date: August 8, 2013 Posts: 3	Army Corps gun ban ruled unconstitutional - http://bit.ly/1eoEOep http://www.volokh.com/2014/01/11/rig...s-tents-areas/

January 11, 2014, 10:49 AM	#453
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	Boulderlaw, thanks for the help in watching these cases! I'll get to the update as soon as I can, but I'm leaving for work at the moment.

January 26, 2014, 01:01 PM	#454
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	Case #22, Parker v. CA (CA Ammo Ban), has been updated.

February 1, 2014, 12:27 AM	#455
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	Case #88, Shew v. Malloy, has been added to the list. This case was brought by the NRA and challenged the anti-gun laws that were passed in the wake of the Sandy Hook massacre, by the State on Connecticut. This case was decided yesterday, at district court, in favor of the State. 2A 2-step, once again.

February 4, 2014, 01:29 AM	#456
wolfwood Member Join Date: August 10, 2012 Posts: 31	http://caselaw.findlaw.com/ma-suprem...t/1641408.html Firearms Records Bureau v. Simkin (Mass. Aug. 8, 2013) While it didn't make waves, this Mass case really was fairly important imo. Even though it the nonresident carry law does not affect a lot of people the fact the Supreme Court of Mass was willing to strike it down as applied to the petitioner is pretty significant imo.

February 6, 2014, 11:12 PM	#458
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	OK. We knew that the two CA5 cases by the NRA were being submitted for Conference on Feb. 21. NRA v. BATF Case, Supreme Court docket #13-137 NRA v. McCraw, Supreme Court docket #13-390 Now we have confirmation that a SAF case is also going to be submitted that same day: Lane v. Holder, Supreme Court docket #12-1401 There are several things that could happen here. We won't know until Monday, Feb. 24. Meanwhile, Lyle Deniston (SCOTUSblog) has written an article over at Yahoo News: Constitution Check: What does it mean that there is a right to “bear” guns? - Yahoo News

February 16, 2014, 12:18 PM	#459
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	There is some more movement in #4, Dearth v. Holder. Since Recap quit working on this version of Firefox, I will have to do the update here and start a new thread for the case.

February 16, 2014, 12:25 PM	#460
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	A case that I meant to include in my list is Kolbe v. O'Malley. A MD case that attempts to attack some of the worse things that SB281 did last year to MD gun owners. One thing after another happened and I completely forgot to add that case to the list. That is now rectified. It is now Case #89 on the list.

February 18, 2014, 11:16 PM	#461
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	While waiting for Judge Scullins to render a ruling, the Palmer Plaintiffs file supplemental notices of Morris v. US Army Corps of Engineers and more importantly, Peruta v. County of San Diego. See the Docket.

February 24, 2014, 10:08 AM	#462
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	Orders from the Conference last Friday, Feb 21, 2014 are out. CERTIORARI DENIED 12-1401 LANE, MICHELLE, ET AL. V. HOLDER, ATT'Y GEN., ET AL. 13-137 NRA, ET AL. V. ATF, ET AL. 13-390 NRA, INC. V. McCRAW, STEVEN C.

February 25, 2014, 10:12 PM	#463
SamNavy Senior Member Join Date: August 28, 2011 Location: Virginia Beach, VA Posts: 433	For #84, NSSF vs Malloy in Connecticut, http://ia600906.us.archive.org/18/it...09.docket.html RULING granting 16 Motion to Dismiss for Lack of Jurisdiction; granting 16 Motion to Dismiss. Signed by Judge Janet C. Hall on 12/2/2013. (Malone, P.) The PDF: http://ia600906.us.archive.org/18/it...01409.27.0.pdf Because the pecuniary injury asserted as the basis for NSSF‟s standing is unrelated to the rights of democratic participation in the legislative process that NSSF seeks to vindicate, the court lacks the authority to adjudicate the claims put forward in this case. Accordingly, the case must be dismissed for lack of standing.

February 26, 2014, 10:22 AM	#464
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	Thank you SamNavy. That was one that fell through the cracks. Meaning: I plain forgot about it. I did log in PACER and recapped the docket. It appears that the NSSF did not appeal. The case has been updated, accordingly.

March 20, 2014, 05:31 PM	#465
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	H/T to Maestro Pistolero for calling and alerting me. With today's win in Baker, we now have 3 cases from the 9th circuit that were held in favor of the second amendment and the right to carry outside the home. I have updated this and several other files to reflect current events.

May 25, 2014, 12:29 PM	#466
Aguila Blanca Staff Join Date: September 25, 2008 Location: CONUS Posts: 18,457	Appeal filed in #88, Shew v. Malloy (Connecticut). I'm not sure it's correct to refer to this case as an "NRA" case. The NRA is providing some behind-the-scenes assistance, but the Connecticut Citizens Defense League and the Coalition of Connecticut Sportsman are doing the heavy lifting. The CCDL alone has contributed "significant" money toward the legal expenses (as in upper six figures significant) and continues to raise funds. Link to appeal: http://ccdl.us/blog/uploads/2014/05/...late-Brief.pdf

June 2, 2014, 12:06 PM	#467
Davey Senior Member Join Date: August 2, 2010 Location: Not far enough from Chicago Posts: 394	Kwong out of New York was denied cert. Onto the Supremesupreme Court now.

July 27, 2014, 10:26 AM	#469
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	For those just hearing the news (or even if you haven't), we have just won the long delayed Palmer case! We just won Palmer at the DC District Court!

September 10, 2014, 05:15 PM	#470
wolfwood Member Join Date: August 10, 2012 Posts: 31	http://www.scribd.com/doc/234676717/...loha-MSJ-Order loss in Fisher appeal timely filed transcripts filed HDF's counsel entered as Plaintiff's counsel (me) the opening brief is due in November

October 23, 2014, 12:36 PM	#474
Davey Senior Member Join Date: August 2, 2010 Location: Not far enough from Chicago Posts: 394	Second Amendment Foundation has filed a lawsuit over Illinois' out of state residency requirements when applying for a carry permit. http://www.saf.org/?p=4451 The only place I can find a link to the actual lawsuit is http://illinoiscarry.com/forum/index...howtopic=52501

October 30, 2014, 09:38 PM	#475
Bartholomew Roberts member Join Date: June 12, 2000 Location: Texas and Oklahoma area Posts: 8,462	New case attacking 922(o): Hollis v. Holder. The link takes you to the complaint but the basic case is someone noticed that 922(o) doesn't prevent a trust from making a post-1986 machinegun and filed a Form 1, which the ATF approved and then revoked after they had approved the stamp. The suit attacks 922(o) on Second, Fifth, Ninth and Tenth Amendment grounds.