By Tanya Metaksa
What’s New—BATFE rule regarding PISTOL BRACES: in two cases: Mock v. Garland: Judge Reed O’Connor denied a preliminary injunction and the plaintiffs appealed to the US Court of Appeals for the Fifth Circuit; and in Texas v. BATFE, Judge Drew B. Tipton requested briefings on the effect of Mock on his case; Worth v. Harrington: AsMinnesota law requires applicants to be “at least 21 years of age,” three plaintiffs under the age of 21 brought suit. Judge Katherine Menendez on March 31 stated that Minnesota Law requiring “a person must be at least 21 years of age to receive a permit to publicly carry a handgun in Minnesota violates the rights of individuals 18-20 years old to keep and bear arms protected by the Second and Fourteenth Amendments.” In Renna v. Bonta Judge Dana M. Sabraw issued a PI against the California Unsafe Handgun Act’s provisions, joining the injunction in Boland v. Bonta; Boland v. Bonta: As mentioned last week California has appealed to the Ninth Circuit and on March 31 issued a stay in part. NSSF v. Attorney General of New Jersey: This case is on appeal from the US District Court for the District of New Jersey, where Judge Zahid N. Quarashi on January 31, 2023 granted a preliminary injunction to the National Shooting Sports Foundation, Inc. (NSSF). This case challenges NJ Assembly bill A1765, which NSSF states is an unabashed attempt to end-run the federal PLCAA. The appeal was filed in the US Court of Appeals for the Third Circuit case #23-1214. On March 31 the appellant, the State of New Jersey, filed its first brief. Allen v. DC: In a case where the DC government revoked a carry permit, Judge Tanya Chutkan denied the DC motion to dismiss the Second Amendment claim that challenged the permit revocation. Wiese v. Bonta: This case challenges California’s magazine ban. On April 3 Judge William B. Shubb set deadlines for motions with the final hearing to be on July 10. In the Boland v. Bonta case the Ninth Circuit has granted California’s motion to stay the preliminary injunction. Bevis v. Naperville: Challenging the city of Naperville’s assault weapons and magazine bans. This case is being appealed to the US Court of Appeals for the Seventh Circuit and the plaintiffs have filed their brief. Cargill v. Garland Case: 20-51016. On April 4 DOJ filed a motion that it intends to petition the Supreme Court for a writ of certiorari.
Lawsuits challenging Federal Agencies:
Bumpstock ban
Cargill v. Garland Case: 20-51016. The lawsuit challenges the DOJ’s classification of “bump stocks” as machine guns. The case was initiated in 2019 and the District Court ruled in favor of the DOJ. Then Cargill appealed to the US Court of Appeals for the Fifth Circuit, which decided on March 6, 2023, in favor of the plaintiff: The Final Rule’s interpretations of terms within the statutory definition of “machinegun,” which includes bump stocks and bump stock-type devices, are unreasonable and conflict with the statute. On April 4 DOJ filed a motion that it intends to petition the Supreme Court for a writ of certiorari.
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 Federal Agencies:
Pistol Brace Rule
Mock v. Garland: This case was brought by Firearms Policy Coalition on January 31, 2023 asking for a Vacatur of the ATF action and/or a preliminary injunction. On March 30 District Judge Reed O’Connor denied both requests of the plaintiffs. On that same date the plaintiffs requested a preliminary injunction of the rule pending appeal and filed an appeal to the US Court of Appeals for the Fifth Circuit.
Texas v. BATFE: This case also challenges the “stabilizing braces” rule of Jan. 31, 2023. After the denial of a preliminary injunction in Mock v. Garland, Judge Drew B. Tipton requesting both parties to submit preliminary briefings on how Mock impact this case.
Lawsuits challenging State Laws
New York: Second Circuit: Five cases listed below were the subject of “expedited appeals” on March 20, 2023” 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. Pen.L. § 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 John L. Sinatra, Jr. 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 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.
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. Boland v. Bonta: As mentioned last week California has appealed to the Ninth Circuit and on March 31 the Ninth Circuit issued a stay in part.
Renna v. Bonta: Following the PI in Boland v. Bonta, Judge Dana M. Sabraw issued a PI (preliminary injunction) against the California Unsafe Handgun Act’s provisions. Both cases have occurred within a 2-week timeframe.
CASES BEING TRIED TOGETHER in Judge Benitez’ courtroom and an opinion is expected to be published in 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.
Wiese v. Bonta: This case challenges California’s magazine ban. A memorandum in support of plaintiff’s motion for summary judgement was filed on March 31, 2023. On April 3 Judge William B. Shubb set deadlines for motions with the final hearing to be on July 10.
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.
District of Columbia: DC Circuit
Allen v. DC: In a case where the DC government revoked a carry permit, Judge Tanya Chutkan denied the DC motion to dismiss the Second Amendment claim that challenged the permit revocation.
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:
Bevis v. Naperville: A lawsuit against the city of Naperville’s assault weapons and magazine bans. This case is being appealed to the US Court of Appeals for the Seventh Circuit and the plaintiffs have filed their brief.
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.
Minnesota: Eight Circuit
Worth v. Harrington: Minnesota’s 2003 Citizens’ Personal Protection Act required applicants to be “at least 21 years of age.” In this case three plaintiffs under the age of 21 brought suit against their respective sheriffs for enforcing the Minnesota statute. Judge Katherine Menendez on March 31 stated that Minnesota Law requiring “a person must be at least 21 years of age to receive a permit to publicly carry a handgun in Minnesota violates the rights of individuals 18-20 years old to keep and bear arms protected by the Second and Fourteenth Amendments.” As of April 1 Judge Menendez put a hold on entering final judgement until the MN AG’s emergency order is ruled upon. @mnguncaucus tweeted the they will be filing a response by Wed. 4/5.
New Jersey: Third Circuit
NSSF v. Attorney General of New Jersey: This case is on appeal from the US District Court for the District of New Jersey, where Judge Zahid N. Quarashi on January 31, 2023 granted a preliminary injunction to the National Shooting Sports Foundation, Inc. (NSSF). This case challenges NJ Assembly bill A1765, which NSSF states is an unabashed attempt to end-run the federal PLCAA. The appeal was filed in the US Court of Appeals for the Third Circuit case #23-1214. On March 31 the appellant, the State of New Jersey, filed its first brief.
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.
