An Oklahoma federal judge ruled earlier today that the law banning marijuana users from possessing guns (922(g)(3)) is unconstitutional (which the government will likely appeal). You can read the opinion here:
"A recurring theme among the Black gun owners with whom I spoke was this: They want people to understand they are American citizens exercising their constitutionally protected rights. They are not looking for a more violent society, just a freer one."
"County sheriffs across northern Illinois announced Wednesday they won't enforce a new law which in part requires owners of semiautomatic firearms to register their weapons with the state..."
LEGAL ALERT: A judge has ruled that the federal law banning FFL handgun sales to 18-20-year-olds is unconstitutional, saying that to do otherwise "would impose limitations on the Second Amendment that do not exist with other constitutional guarantees."
"The US government’s prohibition on 18-to-20-year-olds buying handguns violates the Second Amendment and 'cannot stand,' a federal judge in Virginia ruled."
"At least 74 Illinois sheriff's departments have publicly vowed to defy elements of a recent gun-control law signed by Gov. J.B. Pritzker, which banned assault weapons, high-capacity magazines and switches."
LEGAL ALERT: Today in an FPC case, Tennessee agreed that its under-21 handgun carry ban violates the Second and Fourteenth Amendments and says it will start processing carry permit applications from 18-20-year-olds.
LEGAL ALERT: The Fifth Circuit has struck down 922(g)(8), saying that the government failed to demonstrate that it "fits within our Nation’s historical tradition of firearm regulation."
LEGAL ALERT: En banc Fifth Circuit rules that "the definition of 'machinegun' as set forth in the National Firearms Act and Gun Control Act does not apply to bump stocks."
LEGAL ALERT: En Banc Third Circuit rules "that our Nation’s history and tradition of firearm regulation" do not support disarming a plaintiff who was convicted of making a false statement to obtain food stamps in 1995.
Judge Jordan asks the government if it could make jaywalking a felony and then revoke the gun rights of anyone who commits it. After trying to avoid answering, the government says yes, because it gets to decide what a serious crime is.
En banc oral arguments are starting now at the Third Circuit in a lawsuit challenging the federal ban on gun possession by non-violent felons. You can watch it live here:
"During the pandemic and in the months that followed, we saw gun sales spike to levels we had never seen before across the U.S. We also saw a new group of gun owners emerge — Black women."
"Visa Inc. and Mastercard Inc. have decided to pause implementing a plan that activists had hoped would track firearm sales and help curb gun violence."
A TX federal judge has issued a preliminary injunction against the ATF's pistol brace rule as applied to current members of Gun Owners of America and Gun Owners Foundation, along with "individuals employed directly by the State of Texas or its agencies."
"The list of about 170 different semi-automatic guns now banned in Illinois could change with state police granted the authority to update the list 'as needed.'"
"Wyrick said that while the government can protect the public from dangerous people possessing guns, it could not argue Jared Harrison's 'mere status as a user of marijuana justifies stripping him of his fundamental right to possess a firearm.'"
LEGAL ALERT: A federal judge has issued a temporary restraining order against multiple parts of New Jersey's Bruen response bill. The opinion in FPC's Koons v. Reynolds case can be read here:
LEGAL ALERT: A federal judge ruled that 922(g)(3) and (d)(3) are unconstitutional, saying the former is like “a law that would prevent individuals from possessing cars at all if they regularly drink alcohol on weekends.” The government will likely appeal.
"Nine in 10 of the state’s sheriffs, joining with gun-rights advocates in declaring the prohibition unconstitutional, have sworn off zealous enforcement of the law."
LEGAL ALERT: A federal judge has issued a preliminary injunction against the California handgun roster's chamber load indicator, magazine disconnect mechanism, and microstamping requirements.
"'It's clear that the courts are becoming more hostile to gun safety regulations,' said Adam Winkler... 'The law (in Illinois) is going to be challenged, and there is a good chance it will be overturned.'"
"A Trump administration ban on bump stocks — devices that enable a shooter to rapidly fire multiple rounds from semi-automatic weapons after an initial trigger pull — was struck down Friday by a federal appeals court in New Orleans."
"'Guns only have two functions – to kill or to seriously injure,' Kologi said."
"That prompted a testy retort from the judge."
"'You forgot the right to self-defense,' Bumb said."
"The President is not going to stop until Congress requires background checks for all guns sales, requires safe storage of firearms, and bans assault weapons and high-capacity weapons – weapons of war that have no place in our communities."
The Texas Attorney General filed a motion for summary judgment today in a lawsuit challenging the NFA in regards to suppressors made and used in Texas. You can read it here:
A DC federal judge has denied a motion for preliminary injunction against the district's magazine ban, saying it "keeps the advantage police have over armed civilians" and they "are not covered by the [2A] because they are most useful in military service."
"The North Carolina Senate passed a package of gun rights bills Thursday that includes a measure that would repeal the state’s permit law for buying handguns."
"The Republican-controlled South Carolina House voted overwhelmingly Wednesday to allow lawful firearm owners to carry handguns openly or concealed without a state permit."
LEGAL ALERT: A judge has issued a temporary restraining order against more "sensitive places" in New Jersey's Bruen response bill, including parks, beaches, recreational facilities, and casinos.
"The House voted 77-43 to approve the measure, which would let people with concealed weapons permits carry openly or under clothing while attending religious services at locations where private or charter schools also meet."
"A landmark U.S. Supreme Court decision on the Second Amendment is upending gun laws across the country, dividing judges and sowing confusion over what firearm restrictions can remain on the books."
A Texas district court judge clarified today that the preliminary injunction in the Second Amendment Foundation's lawsuit against the ATF's pistol brace rule applies to both the organization and its members:
"With backing from Speaker Paul Renner, a House panel on Monday approved a bill that would lower the minimum age from 21 to 18 to buy rifles and other long guns in Florida."
West Virginia Attorney General: "This is a completely nonsensical regulation... We are taking a very close look at the rule and evaluating our legal options."
LEGAL ALERT: An Illinois judge has issued a temporary restraining order in a lawsuit challenging the state's "assault weapon" and magazine bans, which only applies to the 1,690 plaintiffs. You can read it here:
The Eighth Circuit upheld 922(g)(5)(A) today, saying that "unlawful aliens are not part of 'the people' to whom the protections of the Second Amendment extend."
"Florida lawmakers can fine local government officials who attempt to restrict gun and ammunition sales under a state law upheld by the state Supreme Court on Thursday."
"In recent months, federal and state government lawyers... have argued that racist gun laws are evidence of a historical tradition of legislative bodies denying access to firearms for public safety."
"On Wednesday, Regnier estimated his store had an inventory of 3,700 firearms and 3,000 of them are banned under the new law. Regnier said he’s unsure what to do with the inventory."
Today in a lawsuit challenging Hawaii's baton carry ban, the state has agreed to be enjoined from enforcing the law, and says it will pay the plaintiffs $50,000 for their legal fees:
"North Carolina’s House sent a sweeping firearms bill to the governor’s desk on Wednesday that would discard a longstanding requirement that handgun buyers obtain a permit from their county sheriff."
LEGAL ALERT: An Illinois Appellate Court has upheld a temporary restraining order against the state's "assault weapon" and magazine bans (that applied to the lawsuit's 866 plaintiffs).
The federal government told the Fifth Circuit today that the ban on gun possession by marijuana users "is consistent with the Nation’s history and tradition of disarming untrustworthy and potentially dangerous individuals" because it's similar to laws disarming the mentally ill:
"A federal judge ruled on Monday that a central component of a new law that limited where handguns may be carried in New Jersey was unconstitutional, severely undercutting the state's effort to create gun-free zones in public places where crowds gather."
"'This decision is not a surprise — all bets are off,' said Jonathan Lowy, a lawyer and gun violence activist... 'Bruen gave license to any judge who has an inclination to strike down any gun law.'"
"Investigators revealed he had a license for a shotgun and a rifle, but not for his pistol, and he did not have a concealed carry permit. Police said Foehner has no criminal history."
In response to a federal lawsuit, the ATF says it has reclassified the Franklin Armory Reformation as a short-barreled shotgun under both the Gun Control Act and the NFA, instead of just the GCA. You can read the letter here:
"'California is, more than ever before, having a problem defending its gun control laws,' said Adam Winkler, a constitutional law expert at UCLA. 'A lot of widely accepted, long-standing rules are now being called into question nationwide.'"
"West Virginia lawmakers voted Wednesday to advance a bill that would allow people with concealed carry permits to bring firearms on state college and university campuses, despite overwhelming opposition from frustrated students who came to the Capitol..."
The federal government filed a motion to dismiss today in a lawsuit challenging the Hughes Amendment, saying that "[m]achineguns are among the most dangerous firearms in existence, and they are not commonly used for lawful purposes such as self-defense."
LEGAL ALERT: One month after Philadelphia was sued over its total knife carry ban, the city has agreed to have the ordinance enjoined and pay the plaintiffs $8,500.
Honolulu has agreed to be permanently enjoined from making gun permit applicants pass a psychiatric evaluation solely because they were “diagnosed as having a behavioral, emotional, or mental disorder.” The state+county will also pay plaintiff $130,500:
"The tragedies in Monterey Park and Half Moon Bay have confounded Americans who regard California as a best-case bastion of gun safety in a nation awash with firearms."
"A federal judge on Monday blocked more of New Jersey’s gun carry law from being enforced, less than a month after she blocked other sections of the newly-enacted law."
Justice Barrett has requested a response to a lawsuit challenging Illinois and Naperville's "assault weapon" and magazine bans. You can read the docket here:
A federal judge dismissed a lawsuit today that claimed the plaintiff's Sig Sauer P320 pistol fired without the trigger being pulled. You can read the opinion here:
2,673,921 firearm background checks were initiated with the FBI last month, which is an increase from last year and the third-highest January of all time:
A Florida appeals court affirmed the dismissal of a lawsuit against Smith & Wesson and a gun dealer today, saying that the complaint is "an unacceptable request for a court to provide an 'advisory opinion.'"
LEGAL UPDATE: A motion for preliminary injunction was filed today in an FPC and FPC Action Foundation lawsuit challenging California's under-21 gun ban.
"'We are dealing with an unprecedented number of lawsuits challenging, really all aspects of our firearm regulatory system,' Platkin told NJ Advance Media, ticking off a host of lawsuits and other filings."
Every federal public defender's office in the Fifth Circuit joined an amicus brief today arguing that 922(g)(1) is unconstitutional, saying that the Second Amendment "belongs to all 'the people' under the Constitution, including felons."
"Major sections of a Democratic measure making it easier to sue the firearm industry in Colorado were removed from the bill last week in an early-morning committee meeting at the behest of Gov. Jared Polis."
A Hawaii judge ruled for Smith & Wesson in a lawsuit over a public records request for communications between the state and anti-gun groups. The state will now have to process the requests for free and pay the company $70,468.07 in fees and costs:
Minnesota Attorney General: "Before that was another bad decision called Heller. It is just downright irresponsible to say the government is prohibited from regulating firearms."
A judge denied a motion for temporary restraining order against Naperville and Illinois' "assault weapon" and magazine bans, saying that they have a muzzle velocity "four times higher than a high-powered semiautomatic firearm".
African American, Asian Pacific American, women and LGBTQ groups filed an amicus brief today in a consolidated FPC challenge to Oregon Measure 114. You can read it here:
The federal government filed a motion for summary judgment yesterday in a lawsuit over Texas' suppressor laws, arguing that they're both not arms and also dangerous and unusual arms:
"Illinois State Police say any purchase of firearms or attachments the state deems as 'assault weapons' from during the six-day injunction against Illinois’ gun ban will be illegal after Jan. 1, 2024."
A Texas district court judge issued a preliminary injunction today to the plaintiff challenging the ATF's pistol brace rule "pending resolution of the Fifth Circuit’s decision in Mock v. Garland."
2,551,747 firearm background checks were initiated with the FBI in May, making it the fourth month this year with a higher number than the same month in 2022:
"This past year, the number of concealed gun licenses awarded in Washington state soared by more than 57,000, to about 700,000, according to data from the state Department of Licensing."
Gun shop owners around the state were swamped with weekend crowds after a federal judge in downstate Illinois issued an injunction Friday, blocking enforcement of the state’s January ban on military-style firearms.
"Only one more round of debate, and a signature from Gov. Jim Pillen, a supporter, is now required to make Nebraska the 26th state that allows people to carry a concealed handgun without a state permit."
"She added: 'You’re saying when there’s more guns, there’s more violence... We’re talking about law-abiding citizens who obtain permits. You’re asking this court to presume that those who have valid carry permits will somehow engage in violence, and that is a step taken too far'"
"McGlynn also didn’t find persuasive the attorney general’s argument that the weapons ban was consistent with Bruen’s historical tradition clause in that 'neither large capacity magazine nor assault weapons were in common use' when the [2A] was ratified."
"'We oppose marijuana-based firearm prohibitions because we’ve seen enough evidence provided by the government to determine that it’s insufficient to justify such a ban,' [Greenlee] told POLITICO."
Today in a lawsuit we're watching, a judge issued a preliminary injunction against New York’s “places of worship” carry ban, saying that it violates both the First and Second Amendments.
"Citigroup Inc. is once again facing an ouster from the booming Texas municipal-bond market after the state’s Attorney General Ken Paxton’s office determined the bank 'discriminates' against the firearms industry."
LEGAL ALERT: A Texas federal judge has issued a preliminary injunction against the ATF's "frame or receiver" rule as applied to Polymer80 and its customers. You can read the opinion here:
LEGAL ALERT: A federal judge has issued a preliminary injunction against New Jersey's gun industry liability law, saying it "is in direct conflict with the PLCAA's purpose."
While noting that "some of these status-based prohibitions would be unconstitutional today," Washington DC says that laws disarming "law-abiding slaves, free blacks, and Loyalists" provide historical support for its current carry permit restrictions: