By Tanya Metaksa
What’s New—USA v. Rare Breed Triggers: A TRO has been issued by JudgeNina R. Morrison; FFL of IL v. Pritzker: A group of Illinois Federally Licensed Firearms dealers are suing Gov. Pritzker for the implementation of Public Act 102-1116; Granata v. Campbell: State of MA filed its brief in First Circuit Court on Tuesday and State Senator Edward Durr tweeted: “It’s Clear Democrats’ New Gun Law Will be Struck Down after Another Court Loss”; Langley v. Kelly: another Illinois case that was transferred to the Federal judiciary from state courts and they are seeking a Preliminary Injunction (PI); Fraser v. ATF: This case concerning BATF’s regulation against those 18-21 years of age from purchasing firearms that was filed in June 2022. On Jan. 25, 2023 Judge Robert E. Payne requested both parties supply him with historical data regarding militias; Koons v. Reynolds: The presiding officers of the NJ Senate and General Assembly file a motion to intervene in this case; Siegel v. Platkin: On Monday Judge Marie Bump issued a Temporary Restraining order the stopped NJ from enforcing several sections of the NJ gun law passed recently; Britto v. BATFE: The Wisconsin Institute for Law & Liberty filed this lawsuit challenging BATFE’s new rule on classifying pistols with stabilizing braces as “short barreled rifles”; Maryland: MSI v. Hogan: oral argument to be held 8:30 am on March 10, 2023 in Courtroom 339; MSI v. Montgomery County: The Court has scheduled a hearing on motion for a TRO and PI for Feb. 6 at 3 pm at the United States Courthouse located at 6500 Cherrywood Lane in Greenbelt, Md.; New York: US Court of Appeals for the Second Circuit announced that all 4 cases on appeal will be the subject of “expedited appeals” that “will be held in tandem on March 20;” Oregon Measure 114: status summary updated.
Federal cases
US government v. Individuals/corporations
US v. Rare Breed Triggers: The government is charging Rare Breed Triggers (RBT) of “illegally selling machine-gun conversion devices they style as the FRT-15.” They asked for a Temporary Restraining Order (TRO), Preliminary Injunction (PI) and an Injunction on Jan. 18. On Jan. 25 Judge Nina R. Morrison issued a TRO giving RBT and the government until Feb. 1 and Feb 2 respectively to respond.
Lawsuits challenging Federal Agencies:
Britto v. BATFE: The Wisconsin Institute for Law & Liberty (WILL) filed this lawsuit on Jan 31, 2023 challenging BATFE’s new rule on classifying pistols with stabilizing braces as “short barreled rifles”. The first suit against the BATFE rule is filed in US District Court for the Northern District of Texas. According to WILL Deputy Counsel, Dan Lennington, “These military veterans defended our country overseas, and now they are defending our rights here at home. WILL is proud to represent these patriots. The Biden Administration has no power to re-classify pistols as rifles, and we will vigorously defend the Second Amendment in federal court.”
VanDerStok v. Garland: Firearms Policy Coalition (FPC) filed a lawsuit on Aug. 11 challenging BATFE’s new rule concerning the treatment of “receiver blanks, unfinished frames or receivers, or 80% frames or receivers”as firearms in the United States District Court for the Northern District of Texas. On Nov. 2Judge Reed O’Connor granted Second Amendment Foundation and Defense Distributed’s motion to intervene and then on Nov. 3 he granted BlackHawk Manufacturing Group’s motion for a preliminary injunction. Earlier in September Judge O’Connor stated that the “definition of a firearm in the Gun Control Act does not cover all firearms parts” and granted a preliminary injunction to plaintiff Tactical Machining, but not to its customers and requested further briefing.
Morehouse Enterprises v. ATF: Judge Peter D. Welte not only denied the preliminary injunction sought against the “ATF from enforcing various parts of an omnibus rule scheduled to take effect Aug. 24”, but found the Plaintiffs motion for oral argument Moot. As a result the plaintiffs are seeking an interlocutory appeal of that order with the Court of Appeals and have requested that the proceedings before the District Court be stayed until the appeal is adjudicated.The ATF rule regulated unfinished, nonfunctioning firearm components identically to finished and operational firearms.This case has been joined by 17 states attorneys general.
Oregon Measure 114 lawsuits
Oregon lawsuits against the implementation of Measure 114: Judge Karen Immergut under Oregon Firearms Federation v. Kate Brown has consolidated four of the five lawsuits against Measure 114. The other lawsuits in the consolidations are Fritz v. Rosenblum, Eyre v. Rosenblum, initiated by the National Shooting Sports Foundation, and Azzopardi v. Rosenblum. The final case, Arnold v. Brown, initiated by Gun Owners of America in a state court with Judge Robert S. Raschio presiding. Raschio has issued a temporary restraining order (TRO) blocking Measure 114. The Oregon Supreme Court denied the state’s (defendants) request to throw out the TRO. On Jan. 3, 2023 Judge Raschio issued an opinion letter that did NOT remove the background check provisions from the TRO. At this moment the TRO will stand until Raschio’s court determines the constitutionality of Measure 114.
Lawsuits challenging State Laws:
New Jersey: Third Circuit: On Monday, Jan. 30, Judge Renee Marie Bumb issued a Temporary Restraining Order “shall REMAIN IN EFFECT pending a hearing and ruling on Plaintiffs’ Motion for a Preliminary Injunction.” The injunction stops the ban on carrying guns in public parks, beaches and in casinos. This PI adds to the judge’s previous injunction against bans where alcohol is served, public libraries, museums, entertainment facilities, and private property without owner’s explicit consent. On Jan. 24 the presiding officers of the New Jersey Senate and the General Assembly filed a motion to allow them to intervene in Koons v. Reynolds. Senator Scutari, Presiding Officer of the state Senate, and Speaker Coughlin appear to believe they are best qualified to explain the legislature’s “careful and extensive consideration to the vital issues at stake prior to enacting this legislation”. Judge Renee Marie Bumb on January 9 issued her first order in Koons v. Reynolds “the motion for a temporary restraining order will be GRANTED,” and wrote that the new law “essentially renders the entire state of New Jersey a ‘sensitive place’ where firearms are prohibited.” After the Judge Bumb ruling the ANJRPC requested to consolidate the Siegle v. Platkin caseand the Koons v. Reynolds cases. Judge Williams, who was assigned Siegle v. Platkin, agreed to the transfer to Judge Bumb. The Koons case is being supported by the Second Amendment Foundation, Firearms Policy Coalition and several other groups. The Siegel case is supported by the National Rifle Association (NRA) and the Association of New Jersey Rifle & Pistol Clubs, Inc. (ANJRPC)
New York: Second Circuit: the legislature went to great lengths to ensure that Bruen does not allow civilians the Right-to-Carry guns by passing the Concealed Carry Improvement Act (CCIA). Four cases listed below to the US Court of Appeals for the Second Circuitwill be the subject of “expedited appeals” that “will be held in tandem on March 20, 2023.”Three of the cases are appeals from Judges Sinatra and Suddaby’s orders for restraining order, stays and preliminary injunctions. The fourth case, Gazzola v. Hochul, is an appeal from Judge Sannes’ denial of a TRO or PI.
Antonyuk, et al v. Hochul:. This lawsuit challenges “various provisions of New York’s newly minted by ineptly named “Concealed Carry Improvement Act (CCIA)”.Itwas filed on Sept. 20 and Judge Glenn T. Suddaby on November 6 issued a restraining order against major parts of the CCIA and denied the state’s request for a stay. The state of NY then appealed to the US Court of Appeals for the Second Circuit, requesting a stay and the stay was granted on Dec. 7. On Jan. 9 the plaintiffs filed their response to the Stay issued in Dec. In mid-January a group of 16 Democrat Attorney Generals filed an amicus curia for the State of NY in this case that was published by the Hawaii Attorney General.
Hardaway v. Nigrelli: AfterNY Judge John L. Sinatra, Jr. ruled on Oct. 10 that the section of NY’s new CICA making it a felony to possess a firearm at “any place of worship or religious observation” was unconstitutional, he granted a preliminary injunction stopping the enforcement of this part of the CICA.
Christian v. Nigrelli:, Although “A preliminary injunction, effective immediately from enforcing N.Y. Pen.L. § 265.01-d with respect to private property open to the public” was issued by Judge Sinatra on Nov. 22, 2022, the U.S. Court of Appeals for the Second Circuit issued a stay on Dec. 12, 2022. This case filed in the US District Court for the Western District of New York challenges the enactment of S51001. Briefing schedule ordered ordered for US Court of Appeals for the Second Circuit: Dec. 13, 2022—Defendants (Nigrelli) opening brief due Jan. 22, 2023; Plaintiffs (Christian) opposition brief March 6, 2023, any reply brief by March 22, 2023.
Gazzola v. Hochul: This case filed on Nov. 1, 2022 challenges most all parts of New York State gun laws enacted between May 30, 2022 and July 1, 2022. The lawsuit includes 125 complaints against these laws. On Dec. 7 Judge Brenda K. Sannes denied plantiffs’ motion for a TRO or a Preliminary Injunction (PI) and subsequently plaintiffs appealed to the US Court of Appeals for the Second Circuit.
Other current New York cases in the Second Circuit: Another case that addresses guns in places of worship is Goldstein v. Hochul that was brought by a congregant and the Congregation of Bnei Matisyahu in Brooklyn, NY.
Corbett v. Hochul (7/1//2022), challenging the required disclosure of social media accounts. Motion for a preliminary injunction DENIED.
NYSR&PA II v. Bruen: The next iteration of the SCOTUS case—challenging the 2022 firearms laws.
National Shooting Sports Foundation v. Letitia James: This case deals with the enactment of a NY law to hold the gun industry civilly liable for “public nuisances.” NSSF filed this case on December 16, 2021 and then in May 2022 Judge Mae D’Agostino ruled in favor of the defendant. NSSF has now appealed this ruling to the US Court of Appeals for the Second Circuit. The Attorneys for the Appeal are Clement & Murphy.
California: Ninth Circuit:
On Dec. 12, 2022 Judge Roger T. Benitez held a hearing for the following cases and in that hearing he asked questions about historical analysis of gun laws and the agreed upon time frame for such an analysis was from the enactment of the Second Amendment until 20 years after the Fourteenth Amendment incorporated the Second Amendment by reference. He has asked for a spreadsheet depicting such gun laws from all parties. The 51-page document is available.
Duncan v. Bonta: This lawsuit deals with CA law passed in 2016 that banned the mere possession of magazines with over ten rounds. On March 29, 2019 US District Court for the Southern District of California in Duncan v. Becerra ruled that “Magazines holding more than 10 rounds are ‘arms” and “California Penal Code § 32310 is hereby declared to be unconstitutional in its entirety and shall be enjoined.” The case was then appealed to the US Court of Appeals for the Ninth Circuit that on November 30, 2021 overturned the District Court decision using a two-step framework. The Plaintiffs then appealed to the US Supreme Court (SCOTUS) for certiorari. On Aug. 1, 2022 after the Bruen decision had been rendered SCOTUS granted certiorari, vacated and remanded for further consideration. On August 8, 2022 the US Court of Appeals for the Ninth Circuit requested briefs on whether the case should be remanded to the District Court. The case was remanded to the District Court and Judge Benitez. As a result Judge Benitez held a hearing to set up the framework to re-litigate this case on Dec. 12.
Rhode v. Bonta: This case began in 2016 as Rhode v. Becerra: The plaintiff is Kim Rhode, an American OLYMPIC medalist that very few of her fellow citizens have ever heard about. She has won six Olympic Medals in skeet shooting/double trap in six consecutive Olympic Games since 1996. She is also a six-time national champion in double trap. The issue is the 2016 California law that was passed by voters as Proposition 63. US District Judge Roger Benitez declared that the ammunition background check requirement for purchases violates the Second Amendment and declared it unconstitutional. However, hours after that decision, the Ninth Circuit Court of Appeals granted a temporary stay on the preliminary injunction by Judge Benitez and then that court vacated and remanded the case back to the District Court for the Southern District of California to be revisited based on the Bruen case. All restrictions on purchasing ammunition in California that have been in effect for almost five years still remain
Miller v. Bonta: The US Court of Appeals for the Ninth Circuit has REMANDED and VACATED this case back to the District Court and a hearing on the motion for a Preliminary injunction was held last Nov. 28. On Dec. 1, Judge Benitez issued a written order stating that the lawsuit is NOT MOOT and it will continue.
Hawaii: Ninth Circuit
NAGR v. Shikada: A challenge to Hawaii’s Pistol Statutes was initiated on Nov. 8 in the US District Court for the District of Hawaii.
Teter v. Shikada: On appeal from the US District Court for the District of Hawaii this case concerning HI ban of butterfly knives is scheduled of oral arguments on Feb. 14, 2023.
Yukutake v. Shikada: On appeal from the US District Court for the District of Hawaii this case concerning HI registration laws is scheduled of oral arguments on Feb. 14.
Illinois: Seventh Circuit
FFL of IL v. Pritzker: A group of Illinois Federally Licensed Firearms dealers and several other plaintiffs including Gun Owners of America are suing Gov. Pritzker for the implementation of Public Act 102-1116 (HB5471), the new IL gun control law. This case was filed on Jan 24, 2023 in the US District Court for the Southern District of Illinois. Michel & Associations, the California firm, has also joined the lawsuit.
Langley v. Kelly: This case was filed on Jan. 24, 2023 in the Illinois Circuit Court system (state court) and on Jan. 23 the Office of the Attorney General moved it to the US federal court system. On Jan. 24 a motion for a Preliminary Injunction was filed in the US District Court for the Southern District of Illinois
Accuracy Firearms, LLC et al v. Pritzker: This case was filed on Jan. 17 in the Circuit Court of the Fourth Judicial Circuit Effingham County, Illinois by Thomas DeVore, a former candidate for Illinois Attorney General. On Jan. 20, Judge Joshua Morrison issued a temporary restraining order (TRO). However, this TRO only applies to the 860+/ plaintiffs not the entire County or the state of Illinois.
Bevis (NAGR) v. City of Naperville, IL: A challenge to Naperville’s assault weapons ban.
Maryland: Fourth Circuit
Maryland Shall Issue v. Hogan: The current case, which is before the Fourth Circuit deals with the Second Amendment challenge to the Handgun Qualification License (HQL). Oral argument to be held 8:30 am on March 10 in Courtroom 339. This case was originally brought by Maryland Shall Issue in 2016 after the Maryland legislature passed a law requiring a HQL. The suit alleges that the HQL requirements, both as set forth in the statute, and as implemented by the Maryland State Police, violate the Second Amendment of the Constitution by placing unjustifiable and overwhelming burdens on the right of law-abiding citizens to purchase a handgun for the home.
Bianchi v. Frosh: This is a case against Maryland’s “assault weapons” ban law brought by the Second Amendment Foundation, Citizens Committee for the Right to Keep and Bear Arms and the Firearms Policy Coalition on Dec. 1, 2021 in the US District Court for the District of Maryland. It was dismissed on March 4, 2021 and was appealed to the U.S. Supreme Court. After the Bruen decision SCOTUS vacated and remanded the case back to the Fourth Circuit. It was reopened on August 1 and oral arguments were held on Dec. 6, 2022.
MSI v. Montgomery County: The Court has scheduled a hearing on motion for a TRO and PI for Feb. 6 at 3 pm at the United States Courthouse located at 6500 Cherrywood Lane in Greenbelt, Maryland.
Massachusetts: First Circuit
Granata v. Healey: On Jan. 31 State of MA filed its brief in First Circuit Court. This case was brought in 2021 challenging the handgun regulatory scheme of the state. On May 19, 2022 Judge Rya W. Zobel in the US District Court for the District of Massachusetts found that “the challenged regulations therefore pass intermediate scrutiny.” In June 2022 an appeal was initiated to the US Court of Appeals the First Circuit. The plaintiffs filed a Motion in the Court of Appeals to Vacate and Remand back to the Circuit Court as a result of the Bruen decision.On October 11, 2022 the First Circuit Court of Appeals denied the motion and the briefing schedule remains in effect.
Rhode Island: First Circuit
Ocean State Tactical v. Rhode Island: the plaintiffs have converted their request for a Temporary Restraining Motion to a Motion for a Temporary injunction against the 10-round magazine law that recently passed the legislature.
Virginia: Fourth Circuit
Fraser v. ATF: This case concerning BATF’s regulation against those 18-21 years of age from purchasing firearms began in 2022 and on Jan. 25, Judge Robert E. Payne requested both plaintiffs and defendants to file “a table” detailing that would include “(1) the laws governing militias in each state in effect on June 8, 1789 and (2) any changes to state militia laws between January 1, 1784 and December 15, 1791.” These “tables” are due on Feb. 3 for the government and Feb. 10 for the plaintiffs.
