By Tanya Metaksa
What’s New—After Judge Cormack J. Carney issued a Preliminary Injunction Order determining that the California Unsafe Handgun Act’s provisions…are unconstitutional in the Boland v. Bonta case, it took almost a week for Attorney General Raoul to announce that California will appeal to the Ninth Circuit. United States v. Missouri: A new briefing schedule has been filed by UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT that is from the Notice of Docket Activity filing the brief. In Renna v. Bonta , another Unsafe Handgun Act case, Judge Dana M. Sabraw held the telephonic status conference on March 22, but no new documents have been filed. United States v. Missouri: A new briefing schedule has been filed by UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT that is from the Notice of Docket Activity filing the brief. Baughcum v. Jackson: This is a case challenging Georgia’s denial of the right to carry a loaded handgun to those citizens 18-20 years of age. On March 24, the plaintiffs filed a petition for a hearing en banc with the US Court of Appeals for the Eleventh Circuit. FPC v. San Diego: This another case against§1021.11 of the California Code of Civil Procedure. On the heels of Miller v. Bonta FPC is going after local jurisdiction that were not defendants in that case. The case was originally filed on March 2, 2023 and on March 28 a motion for a Preliminary Injunction, or Alternatively, for Summary Judgement. Maryland Shall Issue v. Anne Arundel County: In 2022 Anne Arundel County commissioners passed an ordinance requiring gun shop owners to provide literature to firearms customers regarding suicide prevention and nonviolent conflict resolution. A lawsuit was filed and on March 21 Judge Stephanie A. Gallagher denied plaintiff’s motion for summary judgement. An appeal to the US Court of Appeals for the Fourth Circuit has been filed.
Lawsuits challenging Federal Agencies:
Definition of Frame or Receiver
Polymer80 v. Garland is the latest addition to the two lawsuits filed against BATFE’s Frame or Receiver ruling. It joins VanDerStok v. Garland in Judge Reed O’Connor’s Courtroom. O’Connor has put this case on an expedited timetable. On March 13 a scheduling order was filed requiring a joint report from both the plaintiffs and the defendants on or before April 10, 2023. In the VanDerStok v. Garlandcase both Defense Distributed and BlackHawk Manufacturing have been granted Preliminary injunction to allow then to continue manufacturing gun parts. The other lawsuit, Morehouse Enterprises v. ATF, the plaintiffs are currently seeking an appeal of Judge Peter D. Weite’s denial of a preliminary injunction in the Court of Appeals for the Second Circuit.
Lawsuits challenging State Laws
New York: Second Circuit: Five cases listed below were the subject of “expedited appeals” on March 20 by the US Court of Appeals for the Second Circuit.Three of the cases are appeals from Judges Sinatra and Suddaby’s orders for restraining orders, stays and preliminary injunctions. The fourth case, Gazzola v. Hochul, is an appeal from Judge Sannes’ denial of a TRO or PI.
Christian v. Nigrelli: Although “A preliminary injunction, effective immediately from enforcing N.Y. Penal law § 265.01-d with respect to private property open to the public” was issued by Judge John L. Sinatra on Nov. 22, 2022, the U.S. Court of Appeals for the Second Circuit issued a stay on Dec. 12, 2022.
Hardaway v. Nigrelli: NY Judge Sinatra ruled on Oct. 10 that the section of NY’s new CCIA making it a felony to possess a firearm at “any place of worship or religious observation” was unconstitutional and granted a preliminary injunction stopping the enforcement of this section of the CCIA.
Spencer v. Nigrelli: The plaintiffs in this case, the state of NY, are awaiting the result of the Hardaway case before appealing to the US Court of Appeals for the Second Circuit.
Antonyuk, et al v. Hochul: This lawsuit challenges “various provisions of New York’s newly minted and ineptly named “Concealed Carry Improvement Act (CCIA)”. It was filed on Sept. 20, 2022 and Judge Glenn T. Suddaby on Nov. 6 issued a restraining order against major parts of the CCIA and denied the state’s request for a stay.
Gazzola v. Hochul: This case filed on Nov. 1, 2022 challenges most parts of New York State gun laws enacted between May 30, 2022 and July 1, 2022. The lawsuit includes 125 complaints against these laws. Judge Brenda K. Sannes denied plaintiffs’ 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.
California: Ninth Circuit:
Boland v. Bonta: After Judge Cormack J. Carney issued a Preliminary Injunction Order determining that the California Unsafe Handgun Act’s provisions…are unconstitutional in the Boland v. Bonta case, it took almost a week for Attorney General Raoul to announce that California will appeal to the Ninth Circuit. In Raoul’s press release it says, “DOJ is filing an appeal to overturn the district court’s preliminary injunction, and filing an emergency motion to stay, or halt, the portions of the order that would ban enforcement of the UHA’s requirements that semiautomatic pistols for retail sale have a chamber load indicator and magazine disconnect mechanism. The motion does not seek to immediately stop the part of the court’s decision enjoining the microstamping requirement.” The microstamping requirements are still under a preliminary injunction.
CASES BEING TRIED TOGETHER in Judge Benitez’ courtroom and an opinion is expected to be published in late March or April 2023.
Miller v. Bonta: On March 20, 2023 Judge Benitez ruled that (assault weapons ban) § 1021.11 of the California Code of Civil Procedure is unconstitutional. We can assume that this will be appealed to the Ninth Circuit Court of Appeals.
Duncan v. Bonta: (large capacity magazines) The state’s listing of all relevant statutes (their brief) can be found here and the CRPA (plaintiffs brief) is here. A summary by @KostasMoros on Twitter can be found here. This lawsuit deals with CA law passed in 2016 that banned the mere possession of magazines with over ten rounds.
Rhode v. Bonta: (ammunition purchase restrictions) Briefs have been filed by both sides as of Feb 21, 2022. The state’s listing of all relevant statutes (their brief) can be found here and the CRPA (plaintiffs brief) is here.
Other CA cases:
FPC v. San Diego: This another case against§1021.11 of the California Code of Civil Procedure. On the heels of Miller v. Bonta FPC is going after local jurisdiction that were not defendants in that case and are not directly bound by Benitez’s injunction. In this case the defendants include the following jurisdictions: City of San Diego, County of Imperial, County of Alameda, County of Ventura, County of Los Angeles, City of San Jose, and County of Santa Clara. The case was originally filed on March 2, 2023 and on March 28 a motion for a Preliminary Injunction, or Alternatively, for Summary Judgement.
Delaware: Third Circuit
Two cases challenging the 2022 Delaware gun laws, Delaware State Sportsmen’s Association v. Delaware Dept. of Safety and Gray v. Jennings, were consolidated in December 2022, and on March 27 Judge Richard G. Andrews denied the plaintiffs motions for a preliminary injunction.
Georgia: Eleventh Circuit
Baughcum v. Jackson: This is a case challenging Georgia’s denial of the right to carry a loaded handgun to those citizens 18-20 years of age. An opinion was issued on Oct. 6, 2022 declaring the case moot since the passage of GCA. The plaintiffs had challenged their local probate judges who no longer issued concealed carry licenses. On March 24, 2023 the plaintiffs filed a petition for a hearing en banc with the US Court of Appeals for the Eleventh Circuit.
Illinois: Seventh Circuit
Cases currently in the federal court system challenging the newly passed Illinois Public Act 102-1116 (HB5471), the new IL gun control law.: Accuracy Firearms, LLC et al v. Pritzker; Langley v. Kelly; and Barnett v. Raoul:
Maryland: Fourth Circuit
Maryland Shall Issue v. Anne Arundel County: In 2022 Anne Arundel County commissioners passed an ordinance requiring gun shop owners to provide literature to firearms customers regarding suicide prevention and nonviolent conflict resolution. Maryland Shall Issue, a gun rights group challenged the ordinance as unlawful compelled speech under the First Amendment of the United States Constitution. On March 21 Judge Stephanie A. Gallagher denied plaintiff’s motion for summary judgement. An appeal to the US Court of Appeals for the Fourth Circuit was filed.
Tennessee: Sixth Circuit
Beeler v. Long: This case was finalized in January of this year. “Individuals ages 18 years old to 20 years old” are now allowed to possess and carry firearms. For more information check Judicial Update #3. On March 24, the settlement agreement was published.
