Legal News

Gun group, sheriff seek emergency hearing to block Measure 114 :: 11/28/2022

Oregon’s Measure 114 barely passed earlier this month in a ballot referendum, but it did pass. It’s set to not just become law, but one of the most restrictive gun control schemes in the entire nation. It’s so bad that it’s likely to at least temporarily halt all gun sales in the state until some things can be worked out.

Gun makers fire back, sue states over "public nuisance" laws :: 11/18/2022

Over the past couple of years a handful of states, starting with New York, have put laws on the books that allow citizens to sue gun makers over the third-party actions of criminals; an attempt to do and end-run around the federal Protection of Lawful Commerce in Arms Act, which was approved on a bipartisan basis in 2005 in an effort to curb these exact kinds of junk lawsuits meant to bankrupt the firearms industry. The most recent states to adopt these public nuisance statutes are New Jersey and Delaware, and they’re now the subject of brand new litigation aimed at overturning the regulations on the grounds that they violate the Supremacy Clause of the Constitution as well as many other portions of our founding document.

FPC, SAF sue over Delaware "assault weapons" ban :: 11/17/2022

Earlier this year Delaware Gov. John Carney signed HB 450 into law; a bill that bans the sale, manufacture, transport, import, transfer, and lawful use of many semi-automatic firearms arbitrarily designated as “assault weapons.”

Third Circuit Reaffirms that Even Nonviolent Felons May Lose Second Amendment Rights :: 11/17/2022

The case is Range v. Attorney General, an opinion jointly authored by Judges Patty Schwartz, Cheryl Ann Krause, and Jane Roth; it's the first circuit case to deal with the issue under the Bruen framework, and it has (following Bruen's instructions) a long and detailed historical analysis. Here's the quick summary of the result:

Dangerous Use of Serial Numbers Found Unconstitutional :: 11/14/2022

U.S.A. –-(AmmoLand.com)-– The most dangerous use of a serial number on a firearm is as a registration number. In effect, gun registration is gun confiscation. It was not the intent for which serial numbers were made. They were created to track firearms with production changes and as a way for government arsenals to track the production and military use of weapons.

Michigan Supreme Court kicks campus carry ban case back to lower court :: 11/11/2022

A challenge to the University of Michigan’s ban on firearms on campus is still underway after the state’s Supreme Court sent the case back to the Court of Appeals with instructions to re-consider its ruling in light of the Bruen decision.

Areas for Concealed Carry Expand in Alabama in 2023 :: 11/10/2022

The requirement for written permission in order to carry a concealed handgun in Alabama state parks goes away on January 1, 2023.

Oregon sheriff says she won't enforce magazine ban :: 11/10/2022

While the outcome of Oregon Measure 114 is still technically up in the air, it looks like the gun control ballot measure will pass by a narrow margin. With about three-quarters of the estimated vote already counted the magazine ban and permit-to-purchase laws are ahead 50.8-49.2, but most of the remaining ballots are expected to come from Multnomah and Washington counties, where support for Measure 114 is running high.

Federal court dismisses Florida marijuana gun rights lawsuit :: 11/08/2022

Throughout the nation, marijuana is being legalized to varying degrees. For some states, it’s really just about allowing its sale for medical purposes. For others, it’s pretty much sold like alcohol or cigarettes, where anyone of age can get it.

Latest New York Gun-Carry Law Ruled Unconstitutional Too :: 11/07/2022

A federal judge has found the bulk of the gun-carry law New York instituted in response to the Supreme Court striking down its previous law also violates the Second Amendment.

Ohio judge grants injunction against firearms preemption law :: 11/03/2022

Back in March of 2019, the Ohio legislature overrode the veto of then-governor John Kasich and approved HB 288; a measure that made a number of improvements to the state’s gun laws, including requiring prosecutors to prove beyond a reasonable doubt that a defendant was not acting in self-defense. Before the enactment of HB 228, Ohio was the only state in the nation that in essence presumed individuals were guilty unless they were able to prove they were acting in defense of themselves or others, and gun control activists lobbied hard to keep that ridiculous status quo in place.

Advocacy groups team up to smack down PA town’s ban on gun ranges :: 10/28/2022

There have been two cases, probably more, but two that I’ve followed over the last few years, that deal with Pennsylvania towns restricting people’s abilities to have shooting ranges on their property. There was a Second Amendment Foundation funded case, Drummond v. Robinson Township, which was settled in 2021 in the Western District Court of Pennsylvania, and remanded back to the lower court. The other case, Barris vs. Stroud Township, settled in the Commonwealth Court of Pennsylvania, with an order reversing a lower court’s decision, and it is now on appeal to the PA Supreme Court. A coalition of like minded patriots have banded together and filed an amicus brief in support of Barris.

Federal Court Rules: Federal Law Making Serialized Guns a Crime Unconstitutional :: 10/26/2022

Tennessee – -(AmmoLand.com)- On October 12, 2022, a federal district court in West Virginia ruled that a federal law that makes it a crime to possess a firearm with an altered, obliterated or removed serial number is unconstitutional under prohibition contained in the Second Amendment. The decision was entered in United States of America v. Randy Price, No: 2:22-cr-00097.

2nd Amendment Activists' Lawsuit Forces Illinois State Police to Do Their Job :: 10/22/2022

BELLEVUE, WA – -(AmmoLand.com)- The Second Amendment Foundation confirmed today its federal lawsuit against the Illinois State Police that compelled the agency to hire additional personnel in order to clear a backlog of applications for Firearm Owner Identification (FOID) cards because the issue has been resolved, and dismissed.

Biden Admin Sued For Going After Gunsellers :: 10/21/2022

The Biden administration is abusing the 1968 Gun Control Act to take away gun dealers’ licenses over paperwork mistakes, according to a Texas Public Policy Foundation (TPPF) lawsuit filed Wednesday.

Federal Judge Blocks New York's Church Gun Ban :: 10/21/2022

The Empire State’s latest gun-control law was dealt another setback in federal court today.

Fed. Judge Lets Anti-Gun Group Join Gun Mag Ban Case As Defendant :: 10/20/2022

BELLEVUE, WA – -(AmmoLand.com)- A federal judge in Tacoma, Washington, has allowed a Seattle-based gun prohibition lobbying group to intervene as a defendant in the Second Amendment Foundation’s challenge of an Evergreen State magazine ban which became effective July 1, 2022.

FPC Files for Injunction Against New York "Places of Worship" Handgun Carry Ban :: 10/19/2022

BUFFALO, NY (October 14, 2022) – Firearms Policy Coalition (FPC) announced today that it has filed a motion for a temporary restraining order and preliminary injunction in Hardaway v. Bruen, its lawsuit challenging New York’s law banning guns in “any place of worship or religious observation.” The motion can be viewed at FPCLegal.org.

"Firmly committed to defending my church": Pastors sue over NY carry ban in houses of worship :: 10/18/2022

A pair of pastors from western New York are the latest plaintiffs in string of lawsuits filed in the state since Democratic lawmakers imposed new restrictions on the right to carry in the wake of the Supreme Court’s decision overturning New York’s “may issue” laws earlier this year.

FPC VICTORY: Judge Issues Injunction Against California Gun Owner Data-Sharing Law :: 10/17/2022

SAN DIEGO, CA (October 14, 2022) – Today, Firearms Policy Coalition (FPC) announced that San Diego Superior Court Judge Katherine Bacal has issued a preliminary injunction in its lawsuit challenging California Assembly Bill 173, which requires the state’s Department of Justice to share the personal identifying information of millions of gun and ammunition owners with other parties for non-law-enforcement purposes. The ruling in Barba v. Bonta, which was affirmed by the judge in full, can be viewed at FPCLegal.org.

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