Legal News

Florida State Supreme Court says local officials can be sanctioned for approving gun control laws :: 01/20/2023

It doesn’t get nearly as much attention as “assault weapons” bans or “gun-free” zones, but the gun control lobby’s push to overturn the firearms preemption laws in place in most states is a serious issue. These laws provide for a uniform standard of gun laws across the state, which is not only beneficial for gun owners in their daily routine (imagine having to learn every municipal ordinance in every town you might drive through living in a sprawling metroplex), but helpful in limiting the number of bad laws that have to be challenged in court. A firearms preemption law is no guarantee that there’ll be a good uniform standard, only that localities can’t impose their own ordinances governing the keeping and bearing of arms.

Federal lawsuit filed over the dumbest 'gun-free zone' in Connecticut :: 01/19/2023

Actually, I guess it’s more accurate to call it the dumbest “sensitive place” in Connecticut because guns aren’t actually banned there, even though lawful concealed carry is prohibited.

SCOTUS turns away second challenge to NY gun laws :: 01/18/2023

Which, it has to be said, wasn’t unexpected. It would have actually been highly unusual for the Supreme Court to accept a challenge to New York’s new laws so soon after it signaled that it wants lower courts to follow its guidance in the Bruen decision rather than becoming, in essence, the court of first resort for any Second Amendment challenges.

SAF Files Federal Lawsuit Against Illioins Gun Ban :: 01/17/2023

BELLEVUE, WA – The Second Amendment Foundation today filed a federal lawsuit challenging the recently-signed Illinois gun ban legislation, alleging it to be unconstitutional and asserting the state has criminalized “a common and important means of self-defense.” The case is known as Harrel v. Raoul.

3rd Circuit Considers Whether Nonviolent Crimes Justify the Loss of Gun Rights? :: 01/11/2023

-(AmmoLand.com)- Back in 1995, Bryan Range pleaded guilty to fraudulently obtaining $2,458 in food stamps by misrepresenting his income. He returned the money, paid a $100 fine and $288 in court costs, and served three years of probation.

Federal Appeals Court Strikes Down Bump Stock Ban :: 01/10/2023

The 5^th U.S. Circuit Court of Appeals in New Orleans striking down a Trump administration rule banning “bump stocks” in a 13-3 decision could have national implications but could also be misinterpreted by some gun rights activists.

New Jersey Judge Halts State’s New Gun-control Law, Dismantles State’s Arguments Supporting It :: 01/10/2023

In her issuing of a temporary restraining order (TRO) against implementation of New Jersey’s attempt to nullify the Supreme Court’s ruling in Bruen, George W. Bush appointee U.S. District Court Judge Renee Marie Bumb took the defendants to the cleaners:

Fifth Circuit blocks ATF ban on bump stocks :: 01/08/2023

The odds of the Supreme Court weighing in on the Trump administration’s move to ban bump stocks have improved after the Fifth Circuit Court of Appeals on Friday declared that the ban was unlawfully put in place back in 2018. The decision means there’s now a split among the various appellate courts, and that in turn makes it more likely that SCOTUS will take up one or more of the challenges that have been slowly making their way through the court system.

Franklin Armory and FRAC Sue the ATF for APA Violations :: 01/05/2023

BISMARCK, N.D. -(Ammoland.com)- Franklin Armory and the Firearms Regulatory Accountability Coalition, Inc. (FRAC) have filed a lawsuit against U.S. Attorney General Merrick Garland and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) over what the plaintiffs allege are wrongful classification of firearms and regulatory delays.

Judge Claims “Lack of Standing” in Second Amendment Public Transportation Case :: 01/05/2023

U.S.A. –-(AmmoLand.com)- On June 30, 2022, four plaintiffs filed suit against the District of Columbia, claiming their right to bear arms, protected by the Second Amendment, is being violated by the District of Columbia’s ban on the carry of concealed weapons on public transportation in the district. The case cites the previous cases of Heller, McDonald, Caetano, Wrenn, and Palmer. The crux of the argument presented from the complaint is this:

Federal Lawsuit Backed by SAF Challenges NY Semi-Auto Ban :: 12/31/2022

A federal lawsuit challenging the New York State semi-auto ban in a case known as was filed Friday in U.S. District Court for the Southern District of New York, with support from the Second Amendment Foundation and Firearms Policy Coalition.

Federal Judge Rules New York Church Gun Ban Unconstitutional Yet Again :: 12/30/2022

A federal judge has once more found the state’s ban on carrying a gun in church, even by those with permits, violates New Yorkers’ rights.

Justice Sotomayor Gives New York One Week to Respond to GOA's Petition :: 12/28/2022

WASHINGTON, D.C. -(Ammoland.com)- Supreme Court Associate Justice Sonia Sotomayor has given New York State until next Tuesday to respond to Gun Owners of America’s (GOA) emergency petition to SCOTUS to vacate the stay on a District Court’s preliminary injunction against the Concealed Carry Improvement Act (CCIA).

Amicus Briefs Filed to Defend Serial Number Gun Ban in Fourth Circuit :: 12/27/2022

U.S.A. –-(AmmoLand.com)-– In a previous article on AmmoLand, the West Virginia case was described where the federal ban on possession of a firearm with the serial number removed, was found to be unconstitutional. The case is USA v Randy Price.

Texas Drops Appeal Against Ruling Allowing 18-Year-Olds to Carry Guns :: 12/26/2022

Texas has decided to drop its effort to appeal an August 25, 2022, U.S. District Judge decision that found the state’s ban on 18-20 year-olds carrying guns in public unconstitutional.

Texas won't appeal judge's ruling striking down ban on carry for young adults :: 12/21/2022

One of the ongoing and unresolved debates over our right to keep and bear arms that’s playing out in the courts at the moment is the issue of when, exactly, our Second Amendment rights kick in. Several states have moved to raise the age to purchase a firearm of any kind from 18 to 21, while federal law allows for 18-year-olds to purchase long guns but not handguns from firearm retailers. Many states have set the age to carry a firearm at 21 as well, even if 18-year-olds are allowed to purchase or possess some firearms in their home, and several Second Amendment groups have filed lawsuits in states from California to Florida challenging these age restrictions; both before and after the Supreme Court handed down its decision in NYSPRA v. Bruen.

Federal Judge Blocks California's Discriminatory Firearm Lawsuit Fee-Shifting Regime :: 12/20/2022

A federal judge has declared California’s controversial “fee-shifting” tenet of the state’s new gun control law to be unconstitutional and permanently enjoined the state from enforcing this provision, known as Section 1021.11.

"Saint Benitez" delivers another win to gun owners (and legal smackdown to California AG) :: 12/03/2022

U.S. District Judge Roger Benitez, affectionately known as “Saint Benitez” among Second Amendment activists for his string of decisions striking down California gun control laws (decisions that have, unfortunately, largely been stymied by Ninth Circuit Court of Appeals judges), has unleashed his latest opinion on California Attorney General Rob Bonta in two cases that deal with a weaselly attempt by Gov. Gavin Newsom and state lawmakers to make it financially risky to challenge the state’s gun laws in court.

FPC Files Lawsuit Challenging Oregon "Large Capacity" Magazine Ban :: 12/01/2022

U.S.A. –-(AmmoLand.com)- Firearms Policy Coalition (FPC) announced today that it has filed a new Second Amendment lawsuit challenging Oregon Measure 114’s ban on magazines that can hold more than 10 rounds and requested a temporary restraining order to prevent the ban from being enforced while the case continues. The complaint and motion in Fitz v. Rosenblum can be viewed at FPCLegal.org.

Restraining Order Ban on Second Amendment, Decision Appealed to Fifth Circuit :: 11/29/2022

U.S.A. –-(AmmoLand.com)- On November 15, 2022, the United States Attorney in the Western District of Texas, Ashley C. Hoff, filed a Notice of Appeal to the United States District Court fro the Western District of Texas, Pecos Division in the case of USA v. Perez-Gallan.

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