By Tanya Metaksa
What’s New—SCOTUS: Waiting for a decision on Rahimi and certiorari announcements; California: B&L Productions v. Gavin Newsom: Case No. 23-55431 US Court of Appeals for the Ninth Circuit: The case has been dismissed, and the preliminary injunction has been lifted, i.e., B&L Productions has lost in the US Court of Appeals for the Ninth Circuit; California: The California Rifle & Pistol Association seeks plaintiffs to challenge this new excise tax on firearms and ammunition law; Delaware: USA v. Robert Hunter Biden: Case#:1:23-cv-00061-MN: June 11, Hunter Biden was found guilty of three felony charges related to a gun he purchased in 2018.
When compiling this report, the author assumes that the reader has a rudimentary knowledge of the federal court system in the United States of America. Donald Kilmer has just published an interesting article about the federal courts focusing on the Ninth Circuit, which includes the nine most western states: Alaska, Arizona, Hawaii, California, Idaho, Montana, Nevada, Oregon, and Washington—a worthwhile read to understand our courts, especially one of the most anti-Second Amendment Circuits.
SCOTUS
Second Amendment litigator and President of the California Rifle and Pistol Association, Chuck Michel @CRPAPresident, has posted analyses of the SCOTUS timetable over the past week. His June 10 posting:
“Nothing from SCOTUS on the 2A cases pending cert today. Thursday becomes the day to watch for a ruling in the Rahimi case, and the following Monday for action on the 2A cases from Illinois (semiauto and mag bans) and NY (sensitive places abuses.”
Circuit Courts
California: US Court of Appeals for the Ninth Circuit
B&L Productions v. Gavin Newsom: Case No. 23-55431: The state of California appealed to the US Court of Appeals for the Ninth Circuit. On June 11, 2024, a three-judge panel that included Judges Richard R. Clifton, Holly A. Thomas, and Roopali H. Desai ruled: “We conclude that B&L has failed to establish that the Challenged Statutes violate its constitutional rights. The district court’s dismissal of Case No. 23-55431 is AFFIRMED. The preliminary injunction granted in Case No. 23-3793 is VACATED. Costs shall be awarded to the State Defendants in both cases.”
The case has been dismissed, and the preliminary injunction has been lifted, i.e., B&L Productions has lost in the US Court of Appeals for the Ninth Circuit.
In the District Court
Gavin Newsom v. B&L Productions: Judge John W. Holcomb enjoined enforcement of California Penal Code sections 27573 and 27575 as violative of both the First Amendment and the Second Amendment of the United States Constitution.
Background: B&L Productions v. Newsom: B&L Productions (Crossroads of the West), California Rifle & Pistol Association, et al. filed a lawsuit in federal court in 2022 challenging state bill SB 264, banning gun shows by prohibiting the sale of firearms, firearms parts, and ammunition at the Orange County Fairgrounds. Two years after the lawsuit was filed, Judge John W. Holcomb, US District Court for the Central District of California, granted the Plaintiff’s motion for a preliminary injunction and enjoined the state from enforcing the statute. Judge Holcomb wrote that California’s ban on gun shows at the Orange County Fairgrounds and on state-owned property likely violates the First and Second Amendments.
California: Ninth Circuit
On July 1, 2024, the new California 11% excise tax on the purchase of firearms, firearms parts, and ammunition is scheduled to begin. The California Rifle & Pistol Association seeks plaintiffs to challenge this new law. If you are interested in helping stop this law that represents a substantial financial burden on law-abiding gun owners, drop them a message at potentialplaintiffs@michellawyers.com.
District Courts
Delaware: Third Circuit
USA v. Robert Hunter Biden: Case#:1:23-cv-00061-MN: On Monday, June 10, the sixth day of his trial, the prosecution rested, and Hunter Biden did not testify. On June 11, 2024, a jury in Delaware found Hunter Biden guilty of all three charges. The Washington Post summarized the verdict:
What was Hunter Biden found guilty of?
Hunter Biden was found guilty of three felony charges related to a gun he purchased in 2018. He was accused of making two false statements in filling out the paperwork to purchase the weapon. He claimed not to be addicted to or using illegal drugs, the indictment says, “when in fact, as he knew, that statement was false and fictitious.” And then he certified he was telling the truth.
Count three of the indictment charges Biden with unlawfully possessing that gun, a Colt revolver, for 11 days following the purchase. That charge is based on a federal law making it illegal to possess a weapon while a person is using illegal drugs.
Cam Edwards on Bearing Arms wrote an interesting article examining Hunter’s status and probable fate. It is worth a read on Bearing Arms.
Background: On July 27, 2023, the government brought criminal charges against Robert Hunter Biden, son of President Joe Biden, in the area of failure to pay taxes and charged with possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance in violation of 18 United States Code Sections 922(g)(3) and 924(a)(2). On May 9, 2024, Hunter Biden’s motion to dismiss his gun charges based on 18 U.S.C. § 922(g)(2) was denied by District Judge Maryellen Noreika. AP reported:
“U.S. District Judge Maryellen Noreika rejected Hunter Biden’s request to push the trial in Delaware until September, which the defense said was necessary to line up witnesses and review evidence handed over by prosecutors. The judge said she believes “everyone can get done what needs to get done” by the trial’s start date of June 3.”
Additionally, the US Court of Appeals for the Third Circuit on May 21, Denied Hunter Biden’s appeal for an Emergency Motion for An Administrative Stay and Permanent Stay of District Court Proceedings Pending Appeal and Stay of This Court’s Consideration of Biden’s Petition for Panel Rehearing and Rehearing En Banc. Thejury trial began on June 3, 2024. Biden is charged with falsifying his form 4470 regarding his drug use.
