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Old July 20, 2010, 09:51 AM   #1
Al Norris
Staff
 
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,298
Current 2A Cases

A brief note of explanation on the format I am now using.

All cases being tracked are of national importance, as they define the parameters (scope) of the Second Amendment after Heller and McDonald. These cases ultimately become citable precedent to the various courts and persuasive precedent in the event they are decided in the Circuit Courts of Appeals.

Links to the individual Internet Archive Dockets are provided by action of a FireFox plugin called, RECAP. RECAP allows individuals with PACER accounts (PACER = Public Access to Court Electronic Records) to retrieve the Dockets of the case and download the various pleadings. These are all transferred to a publicly accessible archive (the Internet Archive) that anyone may access for free (PACER costs money to use). The obvious benefit is that only the person using the PACER system pays, all others can access the same documents at the Internet Archive, for free.

Cases that have moved from District Court to Circuit court will not have Internet Archive documents. This is a limitation of the RECAP capability within PACER. PDF’s for Circuit Court Cases will be available within the appropriate thread here at TFL, if the thread exists, within this thread if a specific thread does not exist, or at another website external to TFL.

The Justia Summary links give an overview of the case and are excellent portals into the PACER system itself. Justia provides the links to the Circuit Courts as well, if the case has moved there.

Many thanks to numerous individuals who have helped this list by reporting cases I was either not aware of or couldn't immediately find. Special thanks go to Mark (krucam), over at MDShooters for the basic idea in this reformat.
Al Norris is offline  
Old July 20, 2010, 09:51 AM   #2
Al Norris
Staff
 
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,298
Current 2A Cases

  • 01. Nordyke v. King: Alameda County gun show ban. This case has been sent back to the original circuit panel. Supplemental briefing called for. U.S. Court of Appeals for the Ninth Circuit. Donald Kilmer, attorney for plaintiffs.
    • 05-02-2011 - 1A and Equal Protection arguments were dismissed. Case remanded back to the District court to decide on the question of 2A rights (a reversal of the District on those grounds).
    • 05-23-2011 - Motion to reconsider and/or en banc hearing is now pending.
    • 11-28-2011 - Motion granted. En Banc briefing and hearing to be set.
    • 02-17-2012 - Ordered: En Banc Orals to be heard on March 19th, 2012.
    • 04-04-2012 - En Banc Court Orders parties to Circuit Mediation.
    • 06-01-2012 - The County's concession at oral arguments are held to be the law as interpreted. The County must allow gun shows on their property.
    • Aftermath - The district court ordered all parties to bear their own costs. The "No Prevailing Party" status was affirmed by the Circuit.
      • 08-30-2012 - Petition for a writ of certiorari filed. (Response due October 4, 2012)
      • 09-12-2012 - Waiver of right of respondents Mary V. King, et al. to respond filed.
      • 09-26-2012 - DISTRIBUTED for Conference of October 12, 2012.
      • 10-10-2012 - Response Requested . (Due November 9, 2012)
      • 01-07-2013 - Cert Denied.

    A complete synopsis of Nordyke can be found at the CalGuns Foundation Wiki: http://wiki.calgunsfoundation.org/in...ordyke_v._King
    The decision is here: http://calgunsfoundation.org/resourc...n%206-1-12.pdf

    Internet Archive
    Justia Summary at 9th Circuit
    TFL Thread
    ~
  • 02. Maloney v. Spitzer (was Rice)(pro se): Maloney was one of 3 2A cases before the Supreme Court, last year. After McDonald was decided, this case was GVR'd back to the 2nd Circuit where they vacated the Districts MTD and remanded. The plaintiff seeks to expand the definition of "arms" for 2A purposes and to have an injunction placed against New York Statutes that make mere possession a crime.

    Internet Archive
    Justia Summary
    TFL Thread
    ~
  • 03. Georgia Carry, Inc. v. Toomer: Filed in the U.S. District Court for the Northern District of Georgia, Atlanta Division. John Monroe, Attorney. This case seeks a declaratory judgment to invalidate the residency requirements of a Georgia Carry License. GCO lost in District Court (MTD granted to defendants on 03-13-2009). Appealed to the 11th Circuit where they ruled, per curiam, and affirmed the district courts dismissal.
    • The 11th Circuit, in a 2 pg per curiam order, affirmed the District Court's dismissal of the complaint, without prejudice. Should the facts of the dismissal change, the appellants may refile. This order was not published, as such, it is not precedent of any kind.

    Georgia Carry Summary (most all pleadings are here)
    Internet Archive (docket from district court with no pleadings)
    Justia Summary (11th Circuit index on case - Final decision can be viewed there)
    TFL Thread
    ~
  • 04. Dearth v. Holder (was Hodgkins v. Holder): Challenge to Federal residency requirements to acquire firearms. Appealed to the DC Circuit, March 2009. Federal District Court of District of Columbia. Alan Gura, attorney for plaintiff.
    • 03-27-2009 - Complaint filed
    • 06-26-2009 - MTD filed by defendant.
    • 01-05-2010 - District Court grants governments MTD.
    • 03-03-2011 - Notice of appeal to DC Circuit.
      • 07-29-2010 - (corrected) Opening Brief filed.
      • 08-20-2010 - US Government (Appellee) Response filed.
        09-03-2010 - Appellant Reply Brief Filed.
      • 04-15-2011 - Per Curiam Judgment filed. D.C. Circuit reverses and remands case. Dearth and the SAF have Standing. Partially negates "Standing" in Navgear.
    • 06-20-2011 - Defendant Holder answers the complaint.
    • 10-14-2011 - Plaintiffs file MSJ.
    • 11-21-2011 - Defendant files MJP. Defendant also files opposition to plaintiffs MSJ by cross-MSJ.
    • 12-30-2011 - Plaintiffs brief in opposition to defendants MJP and MSJ, filed.
    • 02-01-2012 - Defendants filed their reply.
    • 09-27-2012 - MSJ granted for Defendants.
    • 09-27-2012 - SAF/Alan Gura files Notice of Appeal.
      • 01-17-2013 - Briefing Schedule set: Appellants brief due on 02-08-2013. Appellees brief due on 03-11-2013 and Appellants Reply Brief due on 03-25-2013.
      • 02-08-2013 - Appellants filed their initial brief.
      • 03-11-2013 - Appellee's Brief filed.
      • 04-08-2013 - Appellant's reply brief filed. Completes briefing stage.
      • 06-25-2013 - Orals have been scheduled for Sept. 19, 2013.
      • 09-19-2013 - Orals held.
      • 01-10-2014 - Per Curiam Order: Parties are to file supplemental briefs on the following issues: (1) Whether non-resident Americans are “home” while visiting the United States; and (2) Whether the Second Amendment extends beyond the home. The supplemental briefs may not exceed 30 pages. Appellants’ supplemental brief is due on Monday, February 10, 2014, and appellee’s supplemental brief is due on Wednesday March 12, 2014.
      • 02-10-2014 - Appellant Files Supplemental Brief.
      • 02-12-2014 - NRA files Amicus brief.

    Internet Archive
    Justia Summary
    10-5062 CADC Docket
    10-5062 CADC Justia Summary
    12-5305 CADC Docket
    12-5305 CADC Justia Summary
    TFL Thread
    ~
  • 05. Wisconsin Carry Inc, et al v. Doyle, et al: This case seeks to invalidate the Wisconsin Gun Free School Zone Act (1000 ft. rule). Filed on 01-08-2010 in the U.S. District Court for the Eastern District of Wisconsin, Milwaukee Division. John Monroe (GA Carry), attorney.
    • 11-17-2011 - With the enactment of the WI Concealed Carry law, the case is dismissed with prejudice and no costs are attached. Of those plaintiffs that are still challenging the GFSZA, the cases were seperated and related. You will need a PACER account to access these cases, however, these cases were closed (11-17-2011) without prejudice and are listed here for completeness:

    Internet Archive
    Justia Summary
    TFL Thread
    ~
  • 06. Heller v. District of Columbia: (AKA Heller II) D.C "Assault" weapons and Mag Limits. Lost at District court. Appealed to the D.C. Circuit Court of Appeals for the District of Columbia. March 2009. Stephan P. Halbrook and Richard E. Gardinar, attorneys for plaintiffs.
    • 03-26-2010 - Pltf's MSJ, denied. Dfdt's MSJ granted.
    • 04-02-2010 - Pltf's appeal to D.C. Circuit.
      • 10-04-2011 - District Court Decision, affirmed in part, vacated in part, and remanded the case for the presentation of “additional evidence” regarding certain of the District’s firearms-registration requirements.
    • 12-09-2011 - Joint Status Report (doc #38) filed.
    • 07-31-2012 - Third amended complaint filed.
    • 08-17-2012 - Answer to complaint is filed.
    • 09-19-2012 - Scheduling order is filed. Discovery ongoing until 03-25-2013.
    • 02-21-2013 - Motion to Amend/Correct Complaint (4th Amended Complaint)
    • 03-11-2013 - Memorandum in Opposition to Amend/Correct Complaint.
    • 03-17-2013 - Reply to Opposition.
    • 03-20-2013 - Order granting in part and denying in part for leave to file 4th Amended Complaint.
    • 03-28-2013 - Consent Motion to Dismiss Plaintiff Mark Snyder (moved out of D.C.).
    • 05-10-2013 - Motions to strike Expert Testimony for Mark D. Jones; Kathy L. Lanier; and Joseph J. Vince Jr. (docs 60, 61 and 62).
    • 05-23-2013 - Memorandum in Opposition to strike.
    • 06-27-2013 - Richard Gardiner withdrew as Attorney for Plaintiffs.
    • 07-08-2013 - Order Denying Motions to Strike (doc 68).
    • 11-05-2013 - MSJ filed for Defendants (doc 73 - see also exhibits A through M).
    • 12-10-2013 - MSJ filed for Plaintiffs (doc 75 - see also exhibits 1 thru 23).
    • 12-11-2013 - Plaintiffs filed brief in Opposition to Defendants MSJ (doc 77).
    • 01-15-2014 - Defendants filed their Opposition to Plaintiffs MSJ.
    • 05-15-2014 - Summary Judgment in favor of the Defendants. Plaintiffs case dismissed with prejudice.

    Internet Archive
    Justia Summary
    Justia Summary at D.C. Circuit
    TFL Thread
    ~
  • 07. Jacobs v. Reed: CA CCW. A Gorsky case. US District Court, Eastern Division. April 6, 2010.

    Internet Archive
    Justia Summary
    TFL Thread
    ~
  • 08. Pena v Lindley (was Cid): Challenge to CA (Safe) Roster of Handguns, April 2009. District Court for the Eastern District of California. Donald Kilmer, Jason Davis and Alan Gura, attorneys for plaintiffs. Currently, Stayed.
    • 12-13-2011 - Stay was lifted.
    • 12-20-2011 - Case is stayed pending the Nordyke en banc decision.
    • 08-01-2012 - Stay is lifted.
    • 08-23-2012 - Joint Status Report (doc #43).
    • 09-19-2012 - Scheduling Order. Discovery until 05-03-2013; Dispositive motions due 06-28-2013.
    • 03-26-2013 - Answer to the FAC is filed.
    • 05-23-2013 - Plaintiffs file a stipulated agreement for a Second Amended Complaint (SAC-Doc #49) and resetting of schedule.
    • 05-28-2013 - Court grants extension for discovery and SAC.
    • 06-10-2013 - Plaintiffs file SAC (Doc #53).

    Internet Archive
    Justia Summary
    TFL Thread
    ~
  • 09. Richards v. Prieto (was Sykes v. McGinness): Licensed Carry in Yolo and Sacramento Counties (CA), May 2009. U.S. District Court for the Eastern District of California. Donald Kilmer and Alan Gura, attorneys for plaintiffs.
    • Since the release of the 60 day hold (from McDonald), plaintiffs and Defendant McGuiness have been in settlement talks. Those discussions have reached an agreement making Sacramento County a virtual Shall Issue county. Self-defense will be accepted as "Good Cause" and the normal CCW background check will be sufficient as to "Good Moral Character."
    • Lost at District, immediately appealed to the 9th.
      • Motion was made to relate Peruta at Oral Arguments.
      • Motion was opposed by Peruta.
      • Motion was denied. However, if practicable, Orals may be heard by the same panel.
      • Opening Brief by Plaintiffs due on Aug. 24th. Response by Defendants due by Sept. 23rd. Plaintiffs reply to the response is due by Oct. 7th.
      • Defendants filed their Response on Thursday Sept. 22.
      • 10-25-2011 - Pltf's filed their reply brief.
      • 12-20-2011 - Case is stayed pending the Nordyke en banc decision.
      • 06-19-2012 - Stay is lifted.
      • 10-09-2012 - Orals are scheduled for 12-06-2012.
      • 10-29-2012 - Defendants file 28(J) letter - Notice of supplemental Authority.
      • 02-13-2014 - Both Plaintiffs and Defendants file opposing 28J letters in re Peruta..
      • 03-05-2014 - In an unpublished opinion, the CA9 holds for Richards.

    Internet Archive
    Justia Summary
    11-16255 CA9 Docket
    Justia Summary at 9th Circuit
    TFL Thread
    ~
  • 10. Jackson v San Francisco: Challenges San Francisco Gun storage, May 2009. U.S. District Court for the Northern District of California. C.D. Michel, Don Kates, Glenn McRoberts and Hillary Green, attorneys for plaintiffs.
    • 09-28-2011 Judge denied the defendants Motion to Dismiss and granted leave for plaintiffs to amend a possibly mooted claim.
    • 10-04-2011 - NOTICE, Plaintiffs will not ammend.
    • 10-17-2011 - Defendants answer the complaint.
    • 11-18-2011 - CASE MANAGEMENT SCHEDULING ORDER. Further Case Management Conference set for 8/23/2012 10:00 AM.; Pretrial Conference set for 2/14/2013 10:00 AM; Jury Selection set for 2/25/2013 09:00 AM; Jury Trial set for 2/25/2013 09:00 AM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 11/18/11. (cl, COURT STAFF) (Filed on 11/18/2011).
    • 05-17-2012 - Plaintiff files a Motion for Partial Judgment of the Pleadings (MJP).
    • 06-07-2012 - SanFran files opposition to MJP.
    • 07-12-2012 - Hearing on the plaintiffs MJP was held and the Motion is taken under advisement.
    • 08-17-2012 - MJP was denied.
    • 08-30-2012 - Plaintiffs filed for a preliminary injunction (MPI).
    • 09-13-2012 - Defendants Opposition to MPI.
    • 09-20-2012 - Plaintiffs reply to opposition.
    • 10-09-2012 - Hearing held on MPI.
    • 11-26-2012 - MPI is denied.
    • 12-21-2012 - Plaintiffs noticed Appeal
    • 12-27-2012 - Stipulated motion to stay further proceedings while at appeal.
    • 12-31-2012 - Order staying case at district.
      • 01-03-2013 - Stipulated motion to modify briefing schedule.
      • 01-08-2013 - Order granting modified briefing order in part.
      • 02-07-2013 - Opening brief is filed.
      • 02-14-2913 - Four amici briefs in support are filed.
      • 03-07-2013 - Appellee files its brief in opposition.

    Internet Archive
    Justia Summary
    Justia Summary at 9th Circuit
    Michel & Assoc. Gun Case Tracker
    TFL Thread
    ~
  • 11. Palmer v. District of Columbia: Licensed Carry in District of Columbia, August 2009. U.S. District Court for the District of Columbia. Alan Gura, attorney for plaintiffs. A Motion for Summary Judgment was filed by the plaintiffs. Cross Motion for MSJ was filed by the defendants. Presumably, the Judge was waiting for McDonald to be settled before ruling on the motions at bar. The ruling on the MSJ is now very overdue.
    • 07-18-2011, Case has been reassigned to Judge Scullin (NYND) by CJ John Roberts.
    • 07-18-2011 - Alan Gura files notice of Supplemental Authority (Ezell).
    • 03-07-2012 - Gura notices Woolard and Weaver.
    • 03-08-2012 - 12-11-2012 - Numerous motions of supplemental authorities and response. Along with motions to strike and opposition motions. See the docket.
    • 08-09-2013 - Motion to Expedite is filed by Plaintiffs.
    • 10-22-2013 - Writ of Mandamus filed with the DCCA.
    • 02-18-2014 - Plaintiffs notice Peruta.

    Internet Archive
    Justia Summary
    TFL Thread
    ~
  • 12. Pizzo v. Newsom: Gorski case (pro se). US District Court, Northern Division, Sept. 23, 2009. San Francisco CCW & Trigger Locks. This case was copied almost verbatim from the Jackson (see #10, above) case. It is one that the County and City of San Francisco has been using against Jackson.
    • 05-05-2011 - The NRA was granted status as Amicus Curiae. This allows the NRA to protect its interests in the Jackson case.
      [*}06-07-2012 - LCAV motions to file as amicus.
    • 06-14-2012 - Plaintiffs file MSJ.
    • 07-02-2012 - Defendants Opposition and cross-MSJ.
    • 07-02-2012 - Brady Center Motions to file as amicus.
    • 07-03-2012 - Defendants file amended cross-MSJ.
    • 07-04-2012 - Brady Center denied amicus.
    • 07-18-2012 - Brief of amicus NRA for neither party.
    • 08-30-2012 - Hearing held on plaintiffs MSJ and Defendants cross-MSJ.
    • 12-05-2012 - Plaintiffs MSJ denied (NRA recommended - No Standing) and Defendants MSJ granted.
    • 01-24-2013 - Order granting Dismissal of City and County of San Francisco (Gorski avoids paying their attorney fees, preparatory to filing an appeal on the State)

    Internet Archive
    Justia Summary
    TFL Thread
    ~
  • 13. Peruta v. County of San Diego: Licensed Carry in San Diego County, October 2009. U.S. District Court for the Southern District of California. C.D. Michel and Paul H. Neuharth, attorneys for plaintiffs. A Motion for Partial Summary Judgment was filed by the plaintiffs on Sept. 3, 2010, along with a Cross Motion by the defendants. Motions will be argued on or near Nov. 1, 2010.
    • 12-10-2010 - Plaintiffs Motion for Partial Summary Judgment, Denied.
    • Defendants Motion for Summary Judgment, Granted.
    • Plaintiffs appealed to 9th Circuit.
      • Plaintiffs moved in opposition to have a related case (Richards) heard (aligned on Oral Arguments) on the same day.
      • Defendants have until August 12 to file a response. Plaintiffs may reply by Sept. 6th.
      • Motion to hear (related) cases, denied.
      • Plaintiffs filed a brief on Supplemental Authorities (Ezell).
      • 12-20-2011 - Case is stayed pending the Nordyke en banc decision.
      • 06-19-2012 - Stay lifted.
      • 12-06-2012 - Orals at CA9 heard.
      • 02-13-2014 - Decision in favor of Peruta. Reversed and Remanded to District for a decision consistant with this opinion

    Internet Archive
    Justia Summary
    Justia Summary at 9th Circuit
    TFL Thread
    ~
  • 14. Peterson v. Suthers (was Martinez, was Kilroy, was Garcia, originally LaCabe): Licensed Carry in The City and County of Denver for non-residents(but will affect all of CO), January 2010. U.S. District Court for the District of Colorado. John R. Monroe (Georgia Carry Inc) attorney for plaintiff.
    • 03-08-2011 - Judgment for the State. Plaintiff case dismissed.
    • Plaintiff appealed to 10th Circuit
      • City of Denver (Garcia) failed to file a response to the complaint. This leaves Gray with having to defend against the State. Denver has no further say in this court.
      • Plaintiff will reply to the States response by Aug. 8th.
      • Oral arguments to be heard Nov. 17th
      • Second round of Oral arguments will be heard on March 19th. Amici have been invited to share time in the orals. 15 minutes will be given to the opposing sides with 20 minutes reserved to amici. The Brady's will have 10 minutues and the NRA and SAF will each have 5 minutes. Alan Gura will speak on behalf of the SAF.
      • 03-07 and 03-08-2012 - Notices were made as to the decisions in Woollard and Weaver.
        03-19-2012 - Oral argument heard.
        02-22-2013 - Decision against Peterson. Lower Court Affirmed.

    Internet Archive
    Justia Summary
    Justia Summary at 10th Circuit
    TFL Thread
    ~
  • 15. Bateman v. Perdue: Challenge to NC regulations that prohibit carry and sales of firearms during declared emergencies. U.S. District Court for the Eastern District of North Carolina. Alan Gura, Kearns Davis and Andrew Tripp, attorneys for plaintiffs.
    • 03-29-2012 - Judge Howard Grants Plaintiffs MSJ, Denies Defendants MTD and cross-MSJ. Strikes down the N.C. Emergency Powers Act prohibitions on firearms outside the home.
    • 04-08-2012 - Time to file appeal has run out. Ruling stands as law in NC.

    Internet Archive
    Justia Summary
    TFL Thread
    ~
  • 16. State Ammunition v. Lindley: Challenge of AB962, Handgun Ammunition Regulations (CA), June 2010. U.S. District court for the Eastern District of California. Kevin Chaffin, attorney for plaintiffs.
    • 12-02-2010 - Judge Morrison C. England, Jr dismissed both OOIDA v. Lindley and State Ammunition v. Lindley as not being ripe.

    Internet Archive
    Justia Summary
    TFL Thread
    ~
  • 17. Kachalsky v. Cacase: Challenges "Good Cause" in New York State. U.S. District Court for the Southern Distict of New York. June 2010. Alan Gura and Vincent Gelardi, attorneys for plaintiffs.
    • 09-06-2011 - Judge Siebel grants the defendants summary Judgment against the plaintiffs, sua sponte (on her own accord, without prior motions or requests).
      • 09-07-2011 - Plaintiffs file a notice of appeal to the 2nd Circuit.
      • 11-09-2011 - Opening brief filed.
      • 12-30-2011 - Cross-Appellee Susan Cacace, et al will file their Reply Brief by 02-08-2012.
      • 02-03-2012 - Cross-Appellee Westchester County filed their Response Brief.
      • 02-08-2012 - Cross-Appellee Susan Cacace filed their Response Brief
      • 02-22-2012 - Plaintiffs will file their Reply by 04-03-2012.
      • 04-03-2012 - Appellant/Plaintiffs have filed the final reply.
      • 05-16-2012 - Oral arguments set for 08-22-2012.
      • 08-22-2012 - Orals were heard.
      • 11-27-2012 - The decision of the district court is affirmed.
        • 01-08-2013 - Petition for Certiorari to the SCOTUS was filed.
        • 04-15-2013 - Certiorari Denied.

    Internet Archive
    Justia Summary
    Justia Summary at 2nd Circuit
    TFL Thread
    ~
  • 18. Benson v. Chicago: Challenge to the new gun laws of Chicago by the NRA. July 2010. U.S. District Court for the Northern District of Illinois Eastern Division. Charles J. Cooper, David H. Thompson, Jesse Panuccio, Brian S. Koukoutchos and Stephen Kolodziej, attorneys for plaintiffs.
    • 07-06-2010 - Complaint filed.
    • 08-13-2010 - First amended complaint filed.
    • 08-20-2010 - Motion to relate case to Ezell.
    • 08-30 2010 - Response in Opposition by Ezell.
    • 10-12-2010 - Answer to amended complaint.
    • 12-03-2010 - Motions to reassign are denied. Discovery begins.
    • 02-09-2011 - Second amended complaint is filed.
    • 03-02-2012 - Chicago files an MSJ.
    • 04-27-2012 - Plaintiffs file a cross-MSJ.
    • 05-21-2012 - Chicago motions to stay proceedings for a decision in Moore/Sheppard.
    • 05-23-2012 - Plaintiffs file Opposition to stay.
    • 05-24-2012 - Motion to stay, denied.
    • 06-29-2012 - Chicago response to Plaintiffs MSJ.
    • 07-16-2012 - Plaintiffs reply to Chicago's Opposition.
    • 12-18-2012 - Judge Chang Orders all parties to brief how the decision in Moore affects this case.
    • 01-04-2013 - Plaintiffs file their supplemental brief.
    • 01-04-2013 - Defendants file their supplemental brief.
    • 01-15-2013 - Defendants file MSJ.
    • 01-15-2013 - Plaintiffs file MSJ.
    • 02-08-2013 - Motion by Defendants to reassign case to Hall v Chicago.
    • 04-02-2013 - Motion to reassign is denied.
    • 07-09-2013 - Judge Chang wants supplemental briefing on the new carry law.
    • 01-06-2014 - Summary Judgment is granted to Plaintiffs and denied to defendants.
    • 01-13-2014 - City files a motion to Stay Judgment for 180 days to craft laws regulating sales of firearms.
    • 01-14-2014 - Court enters a Permanent Injunction, but stays effective date until 07-14-2014 (follows 7th Circuit in Moore).

    Internet Archive
    Justia Summary
    TFL Thread
    ~
  • 19. GeorgiaCarry.Org, Inc., et al v. State of Georgia: Challenges State law (O.C.G.A. §16-1-127(b)(4)) banning carry in Churches. Initially filed in State Court, but removed to Federal Court by defendants. Filed July, 2010, Amended Complaint filed Aug. 19, 2010 in the US District Court, Middle District of Georgia, Macon Division. John Monroe, attorney for the plaintiffs. All case filings are at the link above.
    • The majority of the briefs can be found here at GeorgiaCarry, and so while the Internet Archive docket shows the transactions, no briefs have been downloaded there.
    • 01-24-2011 - District Court Upheld the State Law and dismissed the case.
    • 01-26-2011 - Appealed to the 11th Circuit.
      • 08-18-2011 - Oral argument scheduled. Argument Date: Thursday, 10/06/2011
      • 07-20-2012 - Opinion issued. Defendants MTD in District Court has been upheld.
        • 10-15-2012 - Petition for Certiorari filed.
        • 01-07-2013 - Certiorari Denied.

    Internet Archive
    Justia Summary
    Justia Summary at 11th Circuit
    TFL Thread
    ~
  • 20. Second Amendment Arms et al v. City of Chicago et al: This case challenges just about everything in the Chicago gun ordinances and even attempts to make it a class action suit (3rd claim for relief, 1st amended complaint - Item #6 on the docket). Filed on 07-09-2010 in the U.S. District Court for the Northern District of Illinois, Eastern Division. Walter Maksym, attorney for the plaintiffs.

    Internet Archive
    Justia Summary
    TFL Thread
Al Norris is offline  
Old July 20, 2010, 09:51 AM   #3
Al Norris
Staff
 
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,298
Current 2A Cases

  • 21. Baker v. Drozdoff (was Baker v. Biaggi): Argues a tent in a campground is a home (albeit temporary) under Heller and that Nevada cannot bar non-residents the right to keep and bear arms for self defense. U.S. District Court for Nevada, Northern District, July 2010. James M. Manley and Robert M. Slayer, attorneys for plaintiff. ... Preliminary Injunction agreed to by all parties.
    • 02-27-2012 - 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.

    Internet Archive
    Justia Summary
    TFL Thread
    ~
  • 22. Parker v. California: Case #10CECG02116, filed on June 17, 2010. Docket. The NRA-CRPA Foundation Legal Action Project ("LAP") has filed a lawsuit challenging AB962. July 2010, Superior Court of California, Fresno. C.D. Michel, attorney for plaintiffs. The complaint has become available via an included exhibit by CA in their MTD in the OOIDA case.
    • 01-20-2011 - AB962 was ruled unconstitutionally vague and Permanent Injunction signed.
    • Plaintiffs and Defendants are currently haggling over fees. This matter has been continued until 09-21-2011.
    • 09-21-2011 - Argued and taken under advisement.
    • 04-28-2011 - Notice of Appeal Case #F062490.
    • 06-14-2011 - Notice of Appeal Case #F062709.
    • 01-18-2012 - To DENY Plaintiffs' motion for attorneys' fees (Code of Civil Procedure § 1021.5.) with prejudice.
      • 09-13-2011 - Opening Brief due on 10-27-2011.
      • 10-18-2011 #F062709 is consolidated into #F062490.
      • 10-28-2011 - Stipulated extension to file. Opening brief now due on 12-12-2011.
      • 12-13-2011 - Stipulated extension to file. Opening brief now due on 01-31-2012.
      • 01-30-2012 - Appellant/Defendants has filed opening brief (no links).
      • 08-16-2012 - Appellee/Plaintiffs filed their response (see thread).
      • 09-26-2012 - Appellants’ Reply Brief.
      • 10-09-2013 - Amiicus brief filed by FFLGuard LLC & Gun Owners of CA.
      • 10-10-2012 - Amicus brief filed by LEAA.
      • 11-13-2012 - Appellants response to amici.
      • 11-06-2013 - Opinion issued upholding, in full, the district court's injunction.
        • 12-16-2013 - State files a petition for review before the CA Supreme Court.
        • 01-10-2014 - Respondents filed their answer in opposition.
        • 01-21-2014 - State files its reply brief.

    Internet Archive - None. This is a State Case
    Justia Summary - None. This is a State Case
    CA 5th DCA (type "F062490" into the search box)
    TFL Thread
    ~
  • 23. OOIDA v. Lindley: The complaint alleges that AB962 unlawfully interferes with interstate commerce and is pre-empted by Federal laws regulating interstate commerce. Lawsuit seeks to block enforcement of the law. U.S. District Court, Eastern District of California, Sacramento Division. A preliminary injunction request is said to be filed, shortly. Jason A. Davis and C.D. Michel, attorneys for plaintiffs.
    • On 12-02-2010, Judge Morrison C. England, Jr dismissed both OOIDA v. Lindley and State Ammunition v. Lindley as not being ripe.

    Internet Archive
    Justia Summary
    TFL Thread
    ~
  • 24. Mishaga v. Monken: Challenges the Illinois FOID statutes as they are discriminatory to residents of other States and deprive citizens of their RKBA and Right to Travel (430 ILCS 65/1; 65/2; 65/4; 65/14). Filed July, 2010, U.S. District Court, Central District of Illinois, Springfield Division. James Manley (Mountain States Legal Foundation), attorney for plaintiff.

    Internet Archive
    Justia Summary
    TFL Thread
    ~
  • 25. Woollard v. Sheridan, et al: This is another Alan Gura/SAF lawsuit. It challenges Maryland's Carry permit law that requires applicants demonstrate "good and substantial reasons." Filed 28 July, 2010 in the U.S. District Court for the District of Maryland. Alan Gura and Cary J. Hansel, attorneys for plaintiffs.
    • 07-21-2011 - Oral Arguments heard and matter submitted.
    • 12-31-2011 - Crickets.
    • 03-02-2012 - Memorandum Opinion issued. Plaintiffs MSJ granted, Defendants MSJ denied.
    • 03-30-2012 - Amended Order by Judge Legg filed. Permanent Injunction issued, temporary stay until briefed (see thread).
    • 04-02-2012 - MD files Notice of Appeal.
      • 06-15-2012 - MD files opening brief.
      • 07-15-2012 - Gura for the Appellees requests a 14 day extension to file a response and that was granted. Response due on July 30th.
    • 07-24-2012 - Update for the District Court denying the Motion to Stay pending appeal. Stay will dissolve on Aug. 7th.
      • 07-27-2012 - Appellant/Defendant MD files Motion to Stay pending appeal. Response from Appellee/Plaintiff due July 31st.
      • 07-30-2012 - Gura files the response brief.
      • 08-01-2012 - Motions Panel grants the Stay, but places the case on an expedited basis.
      • 08-06-2012 - An unprecedented 9 amici briefs, for the Appellee/Plaintiff, were filed.
      • 08-15-2012 - The Court has ordered that oral arguments are scheduled for October 24th.
      • 08-22-2012 - Appellant/Defendants file their reply brief.
      • 03-21-2013 - Appeals panel rejects Judge Legg's ruling and reverses the district court.
      • 04-04-2013 - Motion for en banc hearing filed.
      • 04-16-2013 - Motion for rehearing en banc, denied.
        • 07-09-2013 - Petition for certiorari filed. Case #13-42.
        • 08-12-2013 - Six amicus curiae briefs in support of Woollard are filed.
        • 10-15-2013 - Cert Denied.

    Internet Archive
    Justia Summary
    Justia Summary at CA4
    Internet Archive - CA4
    TFL Thread
    ~
  • 26. Ezell et al., v. City of Chicago: Challenges the new rules banning gun ranges in the city as violating 1st, 2nd and 14th amendments. U.S. District Court for the Northern District of Illinois. Alan Gura and David Sigale for the Plaintiffs. August, 2010.
    • 10-12-2010 - Motion for Preliminary Injunction denied at District Court.
    • 10-28-2010 - Appealed to 7th Circuit.
      • The opening brief, for the 7th Circuit Court in Ezell, has been filed.
      • 04-04-2011 Orals in 7th Circuit
      • 07-06-2011 - Reversed and Remanded with orders to file Preliminary Injunction on.
    • 07-29-2011 - Chicago reopens the case with a Motion To Dismiss as moot, based on the ordinances that were changed on 07-06-2011.
    • 09-28-2011 - MTD as moot, denied.
    • 10-15-2011 - Amended Complaint is filed.
    • 11-16-2011 - Response to complaint is filed.
    • 02-04-2013 - Second Amended Complaint is filed (see thread for details).
    • 03-01-2013 - Chicago answers the SAC.

    Internet Archive
    Justia Summary
    Justia Summary at 7th Circuit
    TFL Thread
    ~
  • 27. NRA v. BATFE (was Jennings) (was D'Cruz): This 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. Filed on Sept 8, 2010 in the U.S. District Court for the Northern District of Texas, Lubbock Division. Attorneys for the Plaintiff are Charles J. Cooper (NRA) and Fernando M. Bustos.
    • 09-29-2011 - Defendants MTD, denied. Defendants MSJ, granted.
      • 10-04-2011 - Appealed to 5th Circuit.
      • 12-05-2011 - Opening Brief Filed.
      • 12-12-2011 - Amicus brief filed by the NSSF.
      • 01-23-2012 - Response filed by Appellees.
      • 01-30-2012 - Amicus brief filed by the Brady Group.
      • 02-16-2012 - Reply filed by Appellants.
      • 05-16-2012 - Orals tentatively set for 07-09-2012.
      • 07-09-2012 - Oral arguments were made.
      • 10-25-2012 - In a 41 page opinion, the lower courts MSJ was affirmed.
      • 11-25-2012 - Petition for rehearing and en banc hearing filed.
      • 01-04-2013 - Response filed by BATF.
      • 04/29/2013 - Revised Opinion Filed.
      • 04-30-2013 - Petition for rehearing denied.
      • 05-08-2013 - Mandate Issued.
        • 07-29-2013 - Petition for certiorari is filed. Case #13-137.
        • 11-13-2013 - Response filed by BATF&E.
        • 12-03-2013 - Reply brief filed. Awaiting date for conference.

    Internet Archive
    Justia Summary
    Justia Summary at 5th Circuit
    TFL Thread
    ~
  • 28. NRA v. McCraw (was Jennings) (was D'Cruz): This case seeks to invalidate the licensed concealed carry age restrictions of the State of Texas. This civil suit was filed concurrently with the suit above.
    • 01-19-2012 - Plaintiffs MSJ Denied. Defendants MSJ Granted
    • 01-23-2012 - Notice of Appeal.
    • 02-10-2012 - Opening Brief due on 03-21-2012.
      • 03-21-2012 - Opening Brief by appellants filed.
      • 05-23-2012 - Appellees response filed.
      • 05-30-2012 - Brady's file an amicus brief.
      • 06-18-2012 - Appellants file their reply brief. Awaiting date for orals.
      • 10-24-2012 - Calendared for Orals on 12-03-2012.
      • 05-29-2013 - Opinion issued. Texas law is upheld.
      • 05-21-2013 - Revised Opinion Filed
      • 06-03-2013 - Petition for rehearing/en banc filed.
      • 06-26-2013 - Rehearing denied.
      • 07-05-2013 - Mandate Issued.
        • 09-24-2013 - Petition for Cert filed. Docket #13-390.
        • 11-12-2013 - DISTRIBUTED for Conference of November 26, 2013.
        • 11-19-2013 - Response Requested . (Due December 19, 2013).
        • 12-09-2013 - Order extending time to file response to petition to and including January 21, 2014.

    Internet Archive
    Justia Summary
    Justia Summary at 5th Circuit
    TFL Thread
    ~
  • 29. Wisconsin Carry Inc., et al v. Wray, Noble: This lawsuit challenges the City of Madison for its behavior as regards lawful open carry in the State of Wisconsin (where concealed carry is unlawful). A discussion of the event that proceeded this suit is at the TFL link, below. Filed in the U.S. District Court for the Western District of Wisconsin. John R. Monroe (Peterson v. LaCabe) attorney for plaintiff.

    Internet Archive
    Justia Summary
    TFL Thread
    ~
  • 30. Bonidy v. U.S.P.S.: Debbie and Tab Bonidy and the National Assoc. Gun Rights have sued the Postal service for violation of their 2A rights. Filed 10-04-2010 in the US District Court for the District of Colorado. Attorney James Manely (Mountain States Legal Foundation) for the plaintiffs.
    • 03-21-2011 - Defendants MTD granted with a stipulation that Plaintiffs may file an amended complaint.
    • 04-08-2011 - Plaintiffs Second Amended Complaint filed (#15).
    • 04-25-2011 - Defendants filed an MTD.
    • 07-08-2011 - Notice of Supplemental Authority filed (Ezell).
    • 11-18-2011 - Judge denies the defendants MTD and orders them to answer the complaint.
    • 12-09-2011 - Defendants filed their answer.
    • 09-28-2012 - Defendants file MSJ.
    • 10-29-2012 - Plaintiffs file a cross-MSJ.
    • 06-18-2013 - Hearing held on Motions.
    • 07-09-2012 - Opinion and Judgment filed. Defendants MSJ denied and Plaintiffs MSJ granted in part and denied in part. Plaintiffs take costs.
      • 09-06-2013 - USPS files Appeal. Case #13-1374.
      • 09-19-2013 - Plaintiffs file Cross-Appeal. Case #13-1391.
      • 11-20-2013 - USPS files opening brief.
      • 11-26-2013 - Brady Center files an Amicus Curiae brief.

    Internet Archive
    Justia Summary
    Internet Archive - CA10 Docket for USPS appeal (13-1374)
    Internet Archive - CA10 Docket for Bonidy cross-appeal (13-1391)
    TFL Thread
    ~
  • 31. Wisconsin Carry, Inc, and Krysta Sutterfield v. City of Brookfield, et all: This suit addresses several 14th Amendment violations to plaintiff Krysta Sutterfield: Unlawful stop and search of Sutterfields person and vehicle without probable cause or warrant; Unlawful seizure of Sutterfields belongings without probable cause or warrant; Unlawful arrest without probable cause or warrant. The suit asks for (to be determined) monetary damages and injunctive relief. Filed on 10-07-2010 in the U.S. District Court for the Eastern District of Wisconsin, Milwaukee Division. John Monroe (GA Carry) attorney for the Plaintiffs.
    • 12-30-2010 - Krysta Sutterfield settled for a disclosed sum of $7500 on Dec. 30, 2010.

    Internet Archive
    Justia Summary
    TFL Thread
    ~
  • 32. Schrader v. Holder: Challenges federal application of 18 U.S.C. 922(g)(I) to simple common law misdemeanor offenses. Filed on 10-13-2010 in the U.S. District Court for the District of Columbia. Alan Gura, attorney for the plaintiffs.
    • 12-23-2011 Defendants MTD was granted.
    • 12-23-2011 Plaintiffs immediately filed notice of appeal.
      • 12-28-2011 - Appeal officially filed.
      • 02-29-2012 - CLERK'S ORDER filed setting briefing schedule: APPELLANT Brief due 04/20/2012. Appendix due 04/20/2012. APPELLEE Brief due on 05/21/2012. APPELLANT Reply Brief due 06/04/2012.
      • 04-20-2012 - Opening Brief filed.
      • 06-05-2012 - The governments response filed.
      • 06-19-2012 - The reply brief is filed. Awaiting a date for orals.
      • 08-06-2012 - Oral arguments are scheduled for October 10th.
      • 01-11-2013 - Decision against Schrader. Lower Court Affirmed.
      • 02-25-2013 - Petition for en banc filed.
      • 03-13-2013 - Petition denied.
        • 06-11-2013 - Petition for Certiorari Filed. SCOTUS Docket #12-1443. Response due July 15, 2013.
        • 09-27-2013 - Brief of the respondents in opposition filed.
        • 10-15-2013 - Reply Brief filed.
        • 10-16-2013 - Conference set for 11-01-2013.
        • 11-04-2013 - Cert Denied.

    Internet Archive
    Justia Summary
    Justia Summary at D.C. Circuit
    TFL Thread
    ~
  • 33. Birdt v. Beck: Challenges CCW rules for the County of Los Angeles. Filed in the US District Court for the Central District of CA; October 29, 2010. Jon Birdt is an attorney and is acting pro se.
    • 01-13-2012 - Defendants MSJ granted, Plaintiffs MSJ denied.
    • 01-14-2012 - Notice of Appeal, 9th CCA. Case #12-55115
    • 01-18-2012 - Notice and Motion of related Cases by Defendants:
      • Robert Thomson v. Torrance Police Department, et al.Case No. CV 11-06154 SJO(JCx).
      • Sigitas Raulinaitis, et al. v. LACSD,Case No. CV 11-08026 JHN(JCGx).
    • 01-19-2012 - Mem P&A in opposition to relate.
    • 01-20-2012 - Reply by Defendants.
      • 05-26-2012 - Opening brief filed

    Internet Archive
    Justia Summary
    TFL Thread
    ~
  • 34. Drake v. Jerejian (was Filko was Piszczatoski was Muller): Filed on 11-22-2010, in the U.S. District Court for the District of New Jersey. David D. Jensen and Robert P. Firriolo attorneys for the plaintiffs. This is another SAF civil rights suit that seeks to divest State authorities, in a facial challenge, of their uncontrolled discretion to deny permits to carry and in the case of Superior Court Judges, uncontrolled discretion to limit or restrict licenses.
    • 01-13-2012 - Defendants MTD granted and plaintiffs MSJ, denied.
    • 01-16-2012 - Appeals Filed.
      • 04-09-2012 - Opening Brief Filed.
      • 04-18-2012 - Appellee's granted extension to file until 05-29-2012.
      • 05-21-2012 - Appellee's granted a second extension. Now due June 28th.
      • 06-28-2012 - Apeellee's response brief is filed.
      • 07-30-2012 - Reply brief is filed. Briefing is complete.
      • 10-02-2012 - SAF files a request for Oral Hearing.
      • 11-02-2012 - A hearing will be held on 02-11-2013 to determine if oral arguments are necessary.
      • 01-16-2013 - Parties ordered to brief the court on Kacalsky and Moore. Due on 01-28-2013.
      • 07-31-2013 - Panel Split 2-1 in affirming the district court. Judge Hardiman has dissented.
      • 08-14-2013 - Petition for Rehearing En Banc filed.
      • 08-27-2013 - Petition denied.
        • 11-01-2013 - Application (13A468) to extend time to file a petition for a writ of certiorari filed.
        • 01-09-2014 - Petition filed. Docket assigned #13-827.
        • 02-12-2014 - Seven Amici filed for petitioners.
        • 02-25-2014 - Supplemental Brief (Peruta decision) filed.
        • 03-14-2014 - Respondents filed brief in opposition.
        • 05-05-2014 - Cert Denied.

    Internet Archive
    Justia Summary
    CA3 Docket for 12-1150, Drake
    Justia Summary at 3rd Circuit
    Old TFL Thread
    New TFL Thread
    ~
  • 35. Hall v. Garcia: Kevin Hall is not an attorney, but has filed this case, pro se. Filed in the Federal District Court for the Northern District of San Francisco, on 08-26-2010. Hall is suing for an exemption signed by the San Francisco Unified School District (SFUSD), to be able to carry an unloaded handgun openly. Carlos Gracia, defendant, is the Superintendent of the SFUSD.
    • Mr. Hall lost on an MJP on March 16, 2011
    • This is an illustration of why these type of cases should not be attempted by the unschooled and tactically challenged. This case was just cited in a reply brief by the opposition (MD AG Gansler in Williams)

    Internet Archive
    Justia Summary
    TFL Thread
    ~
  • 36. Hightower v. Boston: Originally filed on 11-24-2008 in the US District Court District of Massachusetts. Original attorny was Chester Darling of Andover. This civil case seeks to enjoin enforcement of Section 129D and 131 of M.G.L. c. 140 (revocation of Class A license without recourse and confiscation of firearms). Alan Gura (with SAF funding) was added as lead attorney on 03-23-2009. On 10-15-2009, plaintiffs moved to stay the case until McDonald was decided. Motion was granted. On motion, stay was lifted on 11-20-2010. Read about this at Comm2A, a MA 2A group.
    • 09-29-2011 - Plaintiffs MSJ, denied. Defendants cross-MSJ, granted.
      • 11-01-2011 - Appeal filed.
      • 02-07-2011 - Plaintiffs/Appellants opening Brief Filed.
      • 04-11-2012 - Defendants/Appellees response brief filed.
      • 05-01-2012 - Appellants have filed their reply brief.
      • 06-06-2012 - Oral arguments were heard.
      • 08-30-2012 - Decision against plaintiff, on other grounds. 2A was not addressed.
      • 09-13-2012 - Petition for En Banc hearing filed.
      • 09-24-2012 - Petition denied.

    Internet Archive
    Justia Summary
    Justia Summary at 1st Circuit
    TFL Thread
    ~
  • 37. West Virginia Citizens Defense League, Inc. v. City of Martinsburg: Filed on 01-24-2011 in the US District Court for the Northern District for West Virginia. Challenges the constitutionality and statutory validity of a Martinsburg ordinance prohibiting carrying a firearm in city-owned buildings. James M. Mullins, Jr. attorney for the plaintiffs.

    Internet Archive
    Justia Summary
    TFL Thread
    ~
  • 38. West Virginia Citizens Defense League, Inc. et al v. City of Charleston et al: Filed on 01-24-2011 in the US District Court for the Southern District for West Virginia. Challenges the constitutionality and statutory validity of ordinances in each of those cities prohibiting carrying a firearm on city-owned property. Additionally, WVCDL is challenging the constitutionality of Charleston's restrictive handgun sales ordinances. James M. Mullins, Jr. attorney for the plaintiffs.

    Internet Archive
    Justia Summary
    TFL Thread
    ~
  • 39. Enos, et al v. Holder, et al: Filed on 10-29-2010 in the US District Court of the Eastern District of California, Sacramento. Donald Kilmer, attorney for the Plaintiffs. 9 Plaintiffs, all but one, convicted of MCDV (Lautenberg). Alleges the US Government has violated their 2A rights through an unlawful interpretation of 18 U.S.C. SS 921, 922, and 925. Alleges violations of 1st, 2nd, 5th, and 10th amendments. The Madison Society is funding this lawsuit.
    • MTD by defendants was granted, without prejudice, on all but one plaintiff. All causes of action except the 2A complaint were dismissed, with prejudice, Authorization to file a second amended complaint is granted.
    • 08-29-2011 - 2nd Amended Complaint filed
    • 10-03-2011 - Answering brief was a MTD
    • 12-19-2011 - MSJ filed by plaintiffs.
    • 01-11-2012 - Defendants filed their Opposition to Plaintiffs MSJ.
    • 01-11-2012 - A mere 4 hrs later, plaintiffs File their Opposition to Defendants MTD.
    • 02-28-2012 - Defendants MTD granted and the Plaintiffs second amended complaint dismissed with prejudice.
    • 02-29-2012 - Notice of Appeal filed (docketed on 03-08-2012).
      • 07-09-2012 - Opening brief by Pltfs/Appellants filed.
      • 09-07-2012 - Appellees filed their response.
      • 09-21-2012 - Appellants filed their reply brief. Awaiting assignment for oral arguments.
      • 11-22-2013 - Appellees filed 28J noticing Chovan.
      • 11-25-2013 - Appellants filed 28J distinguishing Chovan from their case.

    Internet Archive
    Justia Summary
    Justia Summary at 9th Circuit
    TFL Thread
    ~
  • 40. Kwong, et al v. Bloomberg et al: Challenges New York City Handgun Permit Fees. Filed April 5, 2011. New York Southern District. David D. Jensen, attorney for the plaintiffs. An amended complaint was filed on 04-06-2011, adding 3 more plaintiffs. The suit alleges that the fee ($340) impermissibly burdens the Second Amendment Right to Keep and Bear Arms. Additionally, the suit alleges that the State law, by exempting NYC (from the maximum $10 fee in the rest of the State), fails on equal protection grounds.
    • 05-26-2011 - Complaint answered by Mayor Bloomberg.
    • 06-22-2011 - Complaint was answered by NY AG.
    • 06-23-2011 - Plaintiffs filed a Motion for Summary Judgment.
    • 07-28-2011 - Defendant Bloomberg NY AG filed separate cross-MSJ.
    • 08-26-2011 - Plaintiffs filed a Memorandum in support of MSJ and opposition to defendants MSJ.
    • 03-26-2012 - Plaintiffs MSJ denied. Defendants MSJ granted.
    • 04-18-2012 - Notice of Appeal filed.
      • 05-15-2012 - Opening argument set for 06-29-2012.
      • 09-28-2012 - Response by NYC and the State is filed.
      • 10-02-2012 - NYC requests oral argument time.
      • 10-05-2012 - NY State requests oral argument time.
      • 10-12-2012 - Plaintiffs/Appellants file their reply brief.
      • 01-07-2013 - Oral Arguments set for Feb. 1, 2013.
      • 07-08-2013 - District court affirmed. A city may charge the full costs of a scheme of licensing and registration, in order to exercise that right.
      • 07-23-2013 - Petition for rehearing and en banc hearing filed.
      • 09-20-2013 - Petition denied.
        • 01-29-2014 - Application (13A567) extending the time to file until Feb. 17, 2014.
        • 02-17-2014 - Petition for a writ of certiorari filed. #13-993 (Response due March 24, 2014).
        • 03-19-2014 - Order extending time to file response to petition to and including April 23, 2014, for all respondents.
        • 06-02-2014 - Cert Denied

    Internet Archive
    Justia Summary
    CA2 Docket for 12-1578, Kwong
    Justia Summary at 2nd Circuit
    TFL Thread
Al Norris is offline  
Old July 20, 2010, 09:51 AM   #4
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,298
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
    ~
  • 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
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  • 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
    ~
  • 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
    ~
  • 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
    ~
  • 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
    ~
  • 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
    ~
  • 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
    ~
  • 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
Al Norris is offline  
Old July 20, 2010, 09:51 AM   #5
Al Norris
Staff
 
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,298
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, §29-19-4(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.

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Old July 21, 2010, 02:41 PM   #6
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  • 81. Cooke et al v. Hickenlooper: Filed: May 17, 2013 as 1:2013cv01300 at the US Federal District Court of Colorado. The suit seeks to enjoin the State from enforcing HB 1224 (13-1225) and HB 1229 (13-1229), on 2A and 14A grounds, as well as the ADA. The suit also asks the court to declare the laws unconstitutional and grant a permanent injunction against enforcement. David Kopel is the Attorney.
    • 05-17-2013 - Complaint Filed.
    • 05-13-2013 - First Amended Complaint filed.
    • 06-07-2013 - Defendants file their answer to the FAC.
    • 06-10-2013 - Defendants move to Certify the questions at the State Supreme Court (doc #26).
    • 06-12-2013 - Plaintiffs file a TRO and a MPI (doc #29).
    • 06-14-2013 - Plaintiffs respond to the Motion to Certify Questions.
    • 06-18-2013 - SCHEDULING ORDER: Discovery due by 11/1/2013. Dispositive Motions due by 12/2/2013. By Magistrate Judge Michael J. Watanabe.
    • 06-20-2013 - Pursuant to a inquiry by the court, Plaintiffs file a brief in support of the MPI (doc #37).
    • 06-21-2013 - Defendants file their reply to the order to Certify Questions.

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  • 82. Hall, et al. vs. City Of Chicago: Case #1:2013cv00441 filed Jan 18, 2013 in the Northern District for Illinois. This is an NRA funded case, headed by Charles Cooper and David Thompsom, Nicole Moss and Peter Parreson. Stephan Kolodziej is the IL attorney. This lawsuit targets the City of Chicago's ordinances that prohibit the carry of any firearm, outside the walls of the home. Uses their decision in Moore/Sheppard as its basis for relief.
    • 01-18-2013 - Complaint filed.
    • 03-14-2013 - Defendant Motions to dismiss case.
    • 04-04-2013 - Response to the MTD by plaintiffs.
    • 04-26-2013 - Reply by defendant.

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  • 83. Horsley v. Trame: case #13-00321, filed on April 1, 2013 in the Southern District of Illinois. Thomas G. Maag, attorney for the plaintiff. This lawsuit seeks to void that portion of the IL FOID law that prohibits 18-20 year olds from obtaining an FOID card for the purpose of owning/possessing a long gun.
    • 04-01-2013 - Complaint filed.
    • 05-03-2013 - Granted defendants Motion for extension of time to file a response.
    • 06-14-2013 - Defendants respond with an MTD (doc #7 & #8).
    • 06-24-2013 - Plaintiffs files response in opposition to MTD.
    • 07-18-2013 - Plaintiffs files MSJ.
    • 08-16-2013 - Defendants file a Motion to Stay MSJ.
    • 08-21-2013 - Plaintiffs file a reply to the Defendants Motion to Stay.
    • 08-30-2013 - Court delivers a scheduling order for Discovery.

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  • 84. National Shooting Sports Foundation Inc v. Malloy et al: Filed on July 8, 2013 in the Connecticut Federal District Court. Case #3:2013cv00958. Christopher Renzulli, attorney for the plaintiffs. Lawsuit seeks to nullify the recently enacted CT firearms laws on constitutional and procedural grounds and that the emergency enactment is therefore void.
    • 07-08-2013 - Complaint filed.
    • 07-29-2013 - State motions for an extension is time to file, until 10-08-2013.
    • 08-06-2013 - Court orders answer by 09-03-2013 (granted in part and denied in part).
    • 09-03-2013 - Defendants file a MTD.
    • 10-30-2013 - Plaintiffs file their Opposition to the Defendants MTD.
    • 11-13-2013 - Defendants file their Reply.
    • 12-02-2013 - The Court grants the MTD on Lack of Jurisdiction.
    • 12-03-2013 - The Court enters its Judgment.

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  • 85. Morris et al v. U.S. Army Corps of Engineers et al: Case #13-cv-00336, filed on August 5, 2013, in the US District Court for Idaho. John L. Runft of Boise and James Manley of Mountain States Legal Foundation, attorneys for the plaintiffs. This lawsuit seeks to enjoin the Army Corps of Engineers from prohibiting firearms within its parks, campsites and other recreational areas that it oversees.
    • 08-05-2013 - Complaint Filed. MPI filed.
    • 09-05-2013 - Opposition to MPI filed by Defendants, Army Corps of Engineers.
    • 09-23-2013 - Reply to opposition filed by Plaintiffs.
    • 09-30-2013 - Unopposed Motion for hearing on the MPI.
    • 10-01-2013 - Motion to Stay case (due to fed.gov shutdown).
    • 10-02-2013 - Stay is granted except for the hearing on the MPI.
    • 10-28-2013 - Stay is lifted and a hearing on the MPI is to be held on 12-05-2013.
    • 11-01-2013 - Defendants file MTD for lack of Jurisdiction, Mootness and Failure to State a Claim.
    • 11-19-2013 - Hearing is rescheduled for 01-07-2014.
    • 11-20-2013 - Notice of Authority filed by Plaintiffs (Chovan).
    • 11-25-2013 - Memorandum in Opposition filed by Plaintiffs.
    • 01-10-2014 - Defendants MTD, Denied. Plaintiffs MPI, Granted.
    • 02-27-2014 - Order granting Joint Motion for proposed briefing schedule (doc #45).
    • 03-19-2014 - Defendants answer to the complaint.
    • 05-19-2014 - MSJ filed by Defendants.

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  • 86. Young v. Hawaii, et al: Originally filed in the Federal District Court of Hawaii. Now, #12-17808 at the 9th Circuit. Like Baker, George Young is suing (pro se) to obtain a permit to carry. Additionally, Young is also suing to define the nature of "arms" as used in the 2A. Young lost at district court on Nov. 28, 2012 on MTD's filed by the State and the County for failing to state a claim of deprivation of federal rights, with prejudice (meaning it cannot be refiled by an amended complaint. This case picks up with the appeal to the CA9 with attorney Alan Beck (San Diego) for the appellant. Michel & Associates has picked up the case filings.
    • 01-02-2013 - Appellants opening brief filed.
    • 04-10-2013 - Appellees filed their answering brief.
    • 06-01-2013 - Appellants reply brief is filed.

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  • 87. Fisher v. Kealoha et al: Case #11-00589, filed on Sept. 28, 2011 in the Federal District Court for Hawaii. Donald Wilkerson attorney for the plaintiff. A permit to acquire was applied for and denied. An order to surrender all his firearms was then issued. Plaintiff is suing on violation of 2A, 5A and 14A grounds. The denial and order to surrender are based upon a 1997 conviction of misdemeanor harassment (wherein the judge at that trial subsequently ordered the return of Fisher's firearms), now being treated as a MCDV by the Honolulu police (13 years after the fact and 14 years after the Lautenberg amendment had passed).
    • 09-28-2011 - Complaint filed.
    • 12-09-2011 - Defendants City and County file a partial MTD.
    • 01-04-2012 - Corrected MTD filed.
    • 01-24-2012 - Another corrected MTD filed.
    • 03-19-2012 - Plaintiff files a MPI. Plaintiff also files an opposition to the partial MTD.
    • 03-26-2012 - Defendants reply to opposition to partial MTD.
    • 04-19-2012 - Order granting partial MTD by the City and County but denying partial MTD by Defendant Louis Kealoha's.
    • 05-23-2012 - Defendants respond in opposition the MPI.
    • 06-04-2012 - Plaintiff files his reply to the opposition of the MPI.
    • 06-14-2012 - Plaintiff files FAC.
    • 06-29-2012 - The court grants the MPI and orders HPD to rescind the denial of a permit to acquire and therefore issue the permit.
    • 07-27-2012 - Defendants Motion for Reconsideration of the PI.
    • 07-30-2012 - Defendants answer the FAC.
    • 08-24-2012 - Plaintiff files response in opposition to the Motion for Reconsideration.
    • 08-31-2012 - Defendants reply to the response.
    • 09-11-2012 - Order denying the Motion for Reconsideration.
    • 10-01-2012 - Defendants file notice of appeal of on MPI. CA9 #12-17199.
    • 10-31-2012 - Appeal voluntarily dismissed.
    • 02-01-2013 - Amicus curiae brief submitted by Hawaii Defense Foundation.
    • 02-25-2013 - Plaintiff files Motion for Permanent Injunction and MSJ.
    • 07-22-2013 - Defendants file memo in opposition to plaintiffs MSJ and file their own MSJ.
    • 07-23-2013 - Brady Center files amicus brief.
    • 07-29-2013 - Plaintiff files reply to defendants opposition and defendants MSJ.
    • 08-12-2013 - Hearing held and supplemental briefs ordered.
    • 08-13-2013 - HDF files its supplemental brief.
    • 08-22-2013 - All other supplemental briefs are filed.
    • 09-17-2013 - Hearing held on MSJ'
    • 09-30-2013 - Order grating in part and denying in part the MSJ. Order denying the Injunction (See doc 111 in the docket).

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  • 88. Shew v. Malloy: Case #13-00739, U.S. District Court, District of Connecticut (Hartford). This case is challenging almost the entire set of gun laws enacted by the State of Connecticut, after the Sandy Hook massacre.
    • 05-22-2013 - Complaint filed.
    • 06-11-2013 - FAC filed.
    • 06-26-2013 - MPI filed by Plaintiffs.
    • 07-12-2013 - Motion for Leave to File Amicus Curiae by NRA, Law Enforcement Legal Defense Fund (LELDF), Law Enforcement Action Network (LEAN) and International Law Enforcement Educators and Trainers Association (ILEETA).
    • 07-13-2013 - Motion for Leave to File Amicus Curiae by Pink Pistols.
    • 07-15-2013 - Memorandom in Support re 14 MPI filed by NRA; ILEETA, LEAN and LELDF.
    • 07-16-2013 - Memorandom in Support re 14 MPI filed by Pink Pistols.
    • 08-09-2013 - Answer to amended complaint filed.
    • 08-23-2013 - MSJ filed by Plaintiffs.
    • 10-11-2013 - MSJ filed by Defendants.
    • 10-18-2013 - Motion for Leave to File Amicus Curiae by Law Center to Prevent Gun Violence, Connecticut Against Gun Violence, Moms Demand Action for Gun Sense in America and Cleveland School Remembers.
    • 10-18-2013 - Memorandum in Support re 78 MOTION for Summary Judgment filed by Brady Center to Prevent Gun Violence, International Brotherhood of Police Officers, Major Cities Chiefs Association, National Organization of Black Law Enforcement Executives.
    • 10-29-2013 - Response by Plaintiffs re Leave to file by Defendants Amici.
    • 11-22-2013 - Motion for Hearing Request on MPI.
    • 11-26-2013 - Order finding Request for Hearing on MPI, moot.
    • 12-10-2013 - Memorandum in Opposition to Defendants MSJ and Reply to Defendants Opposition to Plaintiffs MSJ.
    • 01-07-2014 - Response to Plaintiffs reply.
    • 01-21-2013 - Order concluding that no oral arguments will be held. Pending motions and merits of case will be decided forthwith.
    • 01-30-2014 - Decision. Plaintiffs MSJ, denied. Defendants MSJ, granted. Plaintiffs MPI denied as moot.
    • 01-31-2014 - Notice of appeal filed.

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    ~
  • 89. Kolbe et al v. O'Malley et al: Case #13-02841. Filed on Sept. 26, 2013 in the Federal District of Maryland. John P. Sweeny, attorney for the Plaintiffs. This lawsuit attacks SB281, a bill passed last year by the MD Legislature that introduced many more restrictions (into an already heavily restricted State) for MD gun owners.
    • 09-26-2013 - Complaint filed.
      09-27-2013 - Motion for a TRO filed.
      09-30-2013 - Response to TRO by Defendants.
      10-01-2013 - Order denying TRO.
      10-23-2013 - Defendants filed MTD for failure to state a claim.
      10-28-2013 - First Amended Complaint (FAC) filed by Plaintiffs.
      11-06-2013 - Response in Opposition to MTD filed by Plaintiffs.
      11-11-2013 - Second Amended Complaint Filed (SAC).
      11-22-2013 - Third Amended Complaint Filed (TAC).
      11-02-2013 - Defendants filed a MTD for failure to state a claim in the TAC.
      12-09-2013 - Response in Opposition to MTD filed by Plaintiffs.
      12-26-2013 - Reply to Response to MTD filed by Defendants.
      02-14-2014 - Motion for leave to file Amicus by Marylanders to Prevent Gun Violence.
      02-14-2014 - Motion for leave to file Amicus by Brady Center.
      02-14-2014 - MSJ filed by Defendants.

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Old July 21, 2010, 02:41 PM   #7
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Originally Posted by Tennessee Gentleman
Al,

Can you handicap any of these cases?

I regret my lack of background knowledge but isn't one of the plantiffs kind of shady?

Listening to Tom Gresham the other day and he says the two Alans (Gura and Gottlieb) have a mulit step court challenge plan.

Is that secret?

Finally, do you think this plan will involve a future challenge to the 1934 NFA?

I wouldn't try and handicap these, using your money....
There's a case (or two) by an atty by the name of Gorsky, which I haven't listed. This guy is a lone gunman who won't take any help from anyone. He's the atty who showed up at the 9th Circuit in a tee-shirt, of all attire! (IIRC - the Silveira case).

The case you might be thinking of is the Peruta case. He has a "colorful" past, but was finally convinced to take some help (Chuck Michel - NRA/CRPA). Hence his amended complaint.

As for Gura and the SAF, yes there is a strategy. Yes it is sorta, kinda secret (and I'm not in the know - way above my paygrade ). What I think their plan may be is that besides picking the low-hanging fruit, they are anticipating the anti-gun objections and heading them off. But, in locations that are easier to win than the places the anti's thought they would attack.

Before we all get caught up in "Gura-worship," I would remind everyone of the work that Don Kates, Don Kilmer and Chuck Michel are doing for 2A advancement.

UPDATE: The State Ammunition v. Lindley case was voluntarily dropped and refiled in federal district court in light of McDonald.
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Old July 21, 2010, 04:36 PM   #8
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Yes, the supremes have let this one be 'fleshed' out in the court systems. It is frustrating and infuriating at the same time.

It just drags it out. I guess it is what we have to expect. It they had more justices on line in the decision, it would have made it much easier for the court to set the framework of the scope of the 2nd amendment. But it still gave us the most important decisions. That it is a right of the individual, and that it is incorporated.
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Old July 21, 2010, 06:38 PM   #9
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This thread deserves a sticky, if any one does! Thanks, Antipitas!
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Old July 21, 2010, 11:11 PM   #10
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Another Update

Dearth v. Holder (was Hodgkins v. Holder)

Alan Gura continues the fight to invalidate the federal restriction on buying firearms out of state. Mr. Hodgkins has decided to move back to the United States so he is no longer a qualified plaintiff and has moved to be dismissed. With that change the case is now captioned Dearth v. Holder. The appellant's opening brief was filed today in the DC Federal Court of Appeals.

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Old July 22, 2010, 03:06 PM   #11
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Thanks Al, This is what I was looking for in a previous thread and trying to get in the big one.
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Old July 22, 2010, 05:21 PM   #12
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You're welcome CowTowner.

While I'm trying to round up all the cases I can find, if anyone has links to other cases (especially the case documents), please post them and I will add them to the opening post. I know that the NRA has challenged the recent Chicago laws, but I can't seem to find the info I need to fill in that gap. Anyone?

Tennessee, in my previous reply to you, I forgot to add that I don't think the NFA will ever be seriously challenged. The Hughes amendment however, may well be... but that's way down the line. My best guess (at this writing) is that such a challenge is at least 10 years out.

Gary has made the suggestion that this thread be stickied. PM me or any other L&CR mod if you think it should or shouldn't be stickied.
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Old July 22, 2010, 05:28 PM   #13
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Quote:
Dearth v. Holder (was Hodgkins v. Holder)

Alan Gura continues the fight to invalidate the federal restriction on buying firearms out of state. Mr. Hodgkins has decided to move back to the United States so he is no longer a qualified plaintiff and has moved to be dismissed. With that change the case is now captioned Dearth v. Holder. The appellant's opening brief was filed today in the DC Federal Court of Appeals.
Wow, that is a comparatively old one (filed when Heller was still Parker and before McDonald was even in district court). I remember that one from law school. Originally SAF had William Gameros of Fish & Richardson (the gov't attorney from Emerson) representing Hodgkins. I figured it had just got dropped after Heller and McDonald as I didn't hear anything more about it. Interesting to see it is still soldiering on and that Gura is now representing the plaintiffs.
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Old July 22, 2010, 09:30 PM   #14
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Thanks to gc70 for PMing the links to Benson and Heller II. Updated the OP.
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Old July 24, 2010, 10:04 AM   #15
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Some small amount of discussion of the individual cases are on topic. Discussion about anything else should go to their own thread, not here.

Four posts were removed as being off topic.
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Old July 24, 2010, 10:10 AM   #16
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Antipitas,

Could you identify the cases by Federal Court district.
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Old July 24, 2010, 12:19 PM   #17
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Any rough idea of the timeline of some of these cases - as in initial decisions or appeals?
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Old July 24, 2010, 02:19 PM   #18
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Which of these cases do you think would be likely to establish a standard of review or could raise the question to the SCOTUS level?
Heller II seems like it might. The Nordyke case seriously considered it. Which other cases seem like good vehicles?
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Old July 24, 2010, 04:44 PM   #19
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What raises a case to the Supreme Court level is when someone appeals it to that level. The SCOTUS does not accept every case for review. The best assurance that they WILL take a case is when different Federal districts have rendered conflicting decisions based on the same law -- that pretty much ensures that the SCOTUS will have to decide which view is correct and will be "the law of the land."
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Old July 24, 2010, 10:03 PM   #20
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True. The Sykes case had an interesting multi-standard. Heller II used intermediate, if I remember correctly. It is quite likely, IMO, that we will get some conflicting standards within a couple years. Then, it becomes a question of which case presents the appropriate argument for our side...hopefully.
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Old July 24, 2010, 10:52 PM   #21
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gc70, I added the locations of the courts in the cases. Thanks for suggesting that.
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Old July 28, 2010, 10:17 PM   #22
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Another Update

The third and final prong against California's AB936 (the ammunition "ban") was filed today by Onwer-Operator Independent Drivers Association, Erick Royce, Brandon Elias, Folsom Shooting Club, Inc., the CalGuns Foundation, Inc. (all represented by Jason Davis), and the National Rifle Association (Represented by C.D. (Chuck) Michel), against Steve Lindley; The State of California; The California Department of Justice and Does 1-10.

The Complaint was filed in the U.S. District Court, Eastern District of California, Sacramento Division.

The case is titled: OOIDA v. Lindley. You may read the 15 page complaint here. The complaint alleges that AB962 unlawfully interferes with interstate commerce and is pre-empted by Federal laws regulating interstate commerce. Lawsuit seeks to block enforcement of the law. A preliminary injunction request is said to be filed, shortly.

In other news, the Peruta case is scheduled for a mandatory settlement conference on August 11th.
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Old July 29, 2010, 08:01 AM   #23
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Quote:
The Hughes amendment however, may well be... but that's way down the line. My best guess (at this writing) is that such a challenge is at least 10 years out.
Any guess on how the Hughes amendment would be attacked in the future? Are we looking for some specific help in these low hanging fruit cases to establish an argument for un-freezing then full-auto registry?
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Old July 29, 2010, 08:44 AM   #24
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There are 3 major issues, as I see it, that must be staked out by judicial means, so that future legislators cannot interfere with our rights, before even thinking about the Hughes amendment.

1. The cases must be established that protect the right to arms (and ammunition). Keeping and bearing arms must be recognized beyond the threshold of the home.

2. The right must be expanded beyond mere self-protection/defense, to include the various sporting uses - of what use is the keeping and bearing, if you cannot practice proficiency?

3. The "list" of lawful arms must be established. So called "assault weapons" must be established as normal and usual firearms, in order to challenge the various assault weapons bans in several States.

This is just my take on what's going on with the current litigation strategy. I'm no lawyer, so take that for what it's worth!
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Old July 29, 2010, 10:38 AM   #25
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Quote:
Originally Posted by Antipitas
Keeping and bearing arms must be recognized beyond the threshold of the home.
IMHO this is the "it" case. Even the Bradys admit to keeping a firearm for protection in the home. Outside the home is HUGE. Whether it is standard fair criteria for may issue or only shall issue CCW. I don't ever see the court ruling for "constitutional" or no permit carry against a state.

The problem you will have with Hughes is the common use test which I think the AR-15 has become. FA is not in common use (please don't use the circularity argument it won't work) and so it might be hard to do. I guess they would argue that Hughes is a de facto ban but so what? The court will say they are dnagerous and unusual and so not protected. I see legislative action before the court throws it out. My .02.
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