Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
In today's FPC legal update, we have filings from lawsuits challenging restrictions on magazines, bump-stocks, gun ranges, 3D printed gun files, and more.
Defense Distributed v. Grewal
Issue: 3D printed guns/files
Court: Fifth Circuit Court of Appeals
Action: Appellants’ Motion for a Preliminary Injunction
In the newest update in Defense Distributed's lawsuit against New Jersey's Attorney General, the company asked the Fifth Circuit to prevent the state from enforcing its law prohibiting the distribution of files related to 3D printed firearms, saying that it "criminalizes constitutionally protected speech that Plaintiffs have engaged in before and would be engaging in now but for Grewal’s suppression." The motion also argues that "the Court should hold that the Plaintiffs’ distribution of the digital firearms information at issue qualifies as First Amendment speech." Grewal will have an opportunity to respond to this motion before the court makes a decision on it.
Barris v. Stroud Township
Issue: Gun range restrictions
Court: Pennsylvania Commonwealth Court
Action: Opinion
In an opinion written by Judge Brobson, a 3-judge panel of the Pennsylvania Commonwealth Court (which is one of the state's appeals courts) determined that Stroud Township's ordinance prohibiting target shooting outside of two specific zoning districts "imposes a burden on the Second Amendment right to maintain proficiency in firearm use." The court noted, however, that towns may still regulate target shooting, such as by requiring minimum lot sizes, on-site inspections, and imposing safety requirements. Appeals from the Pennsylvania Commonwealth Court go to the Pennsylvania Supreme Court, although the court has the discretion to decide which cases it hears.
Issue: Intoxicated prohibition
Court: Supreme Court
Action: Cert petition
A man convicted under Ohio's law that prohibits having firearms while intoxicated in the home asked the Supreme Court to take up his case after Ohio's Supreme Court said that the law does not violate the Second Amendment. In asking the court to hear the case, the petition says that "the Second Amendment is ripe for additional guidance," and that it should clarify the standard of review that should be used when evaluating cases that allege Second Amendment violations. A response to the petition is due on June 24th.
Kajmowicz v. Whitaker
Issue: Bump stocks
Court: Western District of Pennsylvania
Action: Opinion granting motion to dismiss
In 2019, the owner of two bump-stocks filed a lawsuit challenging Acting Attorney General Matthew Whitaker's and Attorney General William Barr's ratification of the rule banning the devices. Today, the judge determined that the rule banning bump stocks was validly ratified by Attorney General Barr, saying that the "issuance of the Rule was not an action that was required to be performed by the Attorney General and the Attorney General only."
Duncan v. Bonta
Issue: Magazine ban
Court: Ninth Circuit Court of Appeals
Action: Supplemental Reply Brief for the Attorney General
California's final supplemental brief in the lawsuit challenging the state's ban on magazines that hold more than 10 rounds was filed today. The state reiterated its arguments that the ban is constitutional, saying that "California generally allows law-abiding adults to possess and defend themselves and their homes with as many approved firearms, as much ammunition, and as many authorized magazines as they want," and that "in those rare instances in which persons need additional rounds for self-defense, they may reload with a fresh magazine or continue firing using another firearm." The appellees, who are challenging the ban, are also expected to file a brief today, although it has not been filed yet.
https://www.firearmspolicy.org/fpc-daily-2a-legal-update-6-1-21