By Tanya Metaksa
What’s New—SCOTUS: Two cases, Snope v. Brown Case No. 24-203 (semi-automatic firearms ban) and Ocean State Tactical v. Rhode Island Case No. 24-131, have not been granted nor denied cert; CALIFORNIA: Two cases dealing with out of state carry permits:
SCOTUS
The U.S. Supreme Court has released its latest order list following their final conference on Jan. 27, 2025. Unfortunately, neither anticipated Second Amendment cases—Snope v. Brown, Case #24-203, formerly Snope v. Maryland, and Ocean State Tactical v. Rhode Island, Case #24-131—were granted certiorari (CT). This means these cases, which deal with AR-15 bans and magazine capacity restrictions, have virtually no chance of being heard during the current term ending in June 2025. SCOTUS may yet grant one or both certs, meaning they would be heard in the fall of 2025 with a decision in June 2026. On the other hand, it is still likely that either one or both may yet be denied cert.
Antonyuk v. James: Case No. 24-795: Petition for a writ of certiorari filed. (Response due February 26, 2025)
U.S. Court of Appeals
California: Ninth Circuit:
Firearms Policy Coalition, et. al. v. City of San Diego: Case No. 24-472. This case is an extension of Miller v. Bonta. In that case, the judge enjoined California officials from enforcing Section 1021.11, which violates the First Amendment right to petition and the Fourteenth Amendment rights to due process and equal protection. As this case is currently before the US Court of Appeals for the Ninth Circuit, the judge in the US District Court for the Southern District of California dismissed the case on January 9, 2024, for lack of standing. This appeal was against the judge’s dismissal order and to add more jurisdictions under the Miller ruling. On October 10, 2024, the three-judge panel ruled in favor of the state of California, dismissing the claims of the Firearms Policy Coalition.
District Court
California: Ninth Circuit
Hoffman v. Bonta: Case No. 3:24-cv-00664-CAB-MMP: On April 11, 2024, the Firearms Policy Coalition sued California Attorney General Rob Bonta for denying out-of-state residents the right to apply for a handgun carry permit. According to the timetable set on Aug. 7, 2024, the plaintiffs have a deadline of Jan. 31, 2025, to file for summary judgment.
CRPA, SAF, GOA v. Los Angeles County Sheriff: Case No. 2:23-cv-10169-SPG-ADS: The Court, on Jan. 22, issued the following ORDER ENTERING PRELIMINARY INJUNCTION:
1. Residents of states and US territories besides California,
a. who are members of the California Rifle & Pistol Association, Incorporated, Gun Owners of America, Inc., Gun Owners of California, Inc., or The Second Amendment Foundation, and;
b. who are not otherwise prohibited from possessing firearms under federal or California law,
upon proof of such membership, are entitled under this Order to apply for a California concealed handgun license as provided for under Penal Code sections 26150 through 26235, except that such applicants shall not be eligible for the licenses described in sections 26150(b)(2), 26155(b)(2), and 26170.
Louisiana:
Mate v. Westcott: Case: 2:24-cv-01780:
“Earlier this year, Louisiana enacted Senate Bill No. 1 of the 2024 Second Extraordinary Session, which generally allows “law-abiding persons eighteen years of age and not otherwise prohibited” in Louisiana to carry a handgun “lawfully without a permit” issued by state authorities. SB 1, however, did not address a critical issue in the State’s regulatory scheme regarding carry. While it maintained the State’s permitting system as optional for Louisiana residents, it failed to provide an avenue for non-residents.”
This lawsuit, filed on Dec. 20, 2024, seeks to require the State of Louisiana to declare Louisiana’s non-resident carry restriction unconstitutional.
New York: Second Circuit
Shaffer v. Quattrone: Case No. 1:24-cv-01123: Litigation was filed by the Firearms Policy Coalition on November 21, 2024, challenging New York state’s ban on firearm carry by residents of other states filed in the US District Court for the Western District of New York.
Texas: Fifth Circuit
Elite Precision Customs v. BATFE: Case No. 4:25-cv-00044-P: Litigation was filed on Inauguration day, January 20, 2025, in the US District Court for the Western District of Texas:
“Challenging the federal ban on interstate transfers of handguns from federally licensed dealers to individuals who are otherwise eligible to purchase and possess a handgun for lawful purposes but cannot purchase directly from a dealer because they do not live in the same state as the dealer.”
