By Tanya Metaksa
What’s New— Congressional: State/Local legislation: California: SB2, the Legislative Counsel has published an introduction tothe Democrats response to the Bruen case; Colorado legislature: gun laws expected to be a priority in the 2023 legislature; Maryland: new anti-carry bill is being proposed in Prince Charles County with a hearing on Jan. 11; New Jersey: S3214, a copycat of the NY strategy to stymie SCOTUS’ Bruen decision, is going to the state Senate; Judicial: New York—US Court of Appeals for the Second Circuit issues a Stay in the Christian v. Nigrelli lawsuit; Oregon Measure 14: Judge Robert Raschio held a hearing on Dec. 13; Judge Roger Benitez, (CA) held a status conference for the following cases: Miller v. Bonta, Rhode v. Bonta and South Bay Rod & Gun Club v. Bonta; Boland v. Bonta: Hearing scheduled on preliminary injunction for Jan. 23, 2023; CRPA v. City of Glendale: Preliminary injunction denied and both sides required to meet concerning areas proscribed from carrying firearms; Jones v. Bonta: The Ninth Circuit vacated and remanded this case as a result of the Bruen decision; Solomon v. Cook County Board: winning plaintiff asks to reopen case as the County has not paid $25,000 attorney fees from the settlement months ago.
2022 Congressional Activity/Biden Administration
Anti-gun groups are pushing for a Senate vote on the “assault weapon” ban before a new Congress is installed.
2022 Politics/Legal – Oregon Measure 114
Oregon-Measure 114: There are now five lawsuits that have been filed against Measure 114.
Oregon Firearms Federation v. Kate Brown, initiated by the Oregon Firearms Federation; Fitz v. Rosenblum and Azzopardi v. Rosenblum, initiated by the Second Amendment Foundation, Firearms Policy Coalition and others; and Eyre v. Rosenblum, initiated by the National Shooting Sports Foundation, all federal cases. Arnold v. Brown was initiated by Gun Owners of America in the state courts with Circuit Judge Robert S. Raschio presiding. Raschio issued a temporary restraining order (TRO) blocking Measure 114 that will remain for the time being. The Oregon Supreme Court denied the defendants’ request to throw out Raschio’s TRO. On Dec. 13 Judge Raschio held a hearing on the case. He announced that: 1.) on Dec. 23 a hearing will be held on the background check provisions of Measure 114, and 2.) he will rule on Jan. 3 whether there will be a permanent injunction on the magazine ban.
State Legislatures/Local communities
The following states are still in session: Massachusetts, Michigan, New Jersey, Ohio
The following states may prefile bills for the 2023 session in 2022: Arkansas, Georgia, Kentucky, Missouri, Montana, Nevada, New Hampshire, North Dakota, Oklahoma, South Dakota, Texas, Virginia
California: SB2, Legislative Counsel has published a digest of what SB2 will accomplish. California’s answer to SCOTUS’ Bruen decision can be viewed here.
Colorado—Broomfield: The City Council had its first reading of a gun control package that includes a 10-day waiting period and proof of training, minimum age of 21 to purchase any firearm, banning so-called “ghost guns” and banning both open and concealed carry of firearms in any City Council property. A second reading will be held in January. Lakewood: The City Council proposed five gun control ordinances on Nov. 28. They proposed: 1.) Creating a 10-day waiting period for the sale of firearms; 2.) Raising the minimum age to purchase and possess a firearm to 21 years old; 3.) Requiring firearm dealers to post signage about the dangers of weapons in the home; 4.) Prohibiting guns in certain public places (open and concealed carry); and 5.) Prohibiting the possession of unserialized firearms, better known as “ghost guns bans”. According to the Colorado Sun “Gun policy could be the first big test of Democrat’s expanded majorities at the Capitol next year.” Laws to change the minimum age to purchase a firearm, gun bans, and waiting periods are possibilities.
Hawaii: Bill 57, an ordinance had its first reading on Nov. 29 making almost any place except for a private home, a gun free zone. The bill passed 6-2-1. The opposition testimony presented by Michel & Associates, counsel for Hawaii Rifle Association, Second Amendment Law Center and FFL Guard is comprehensive and well written. Info on this ordinance can be found on the Hawaii Firearms Coalition page.
Illinois: Gov. J.B. Pritzker signed HB1095, the latest amendments to the SAFE-T Act passed in 2021.
Maryland: The Charles County Commissioners have proposed Bill No. 2022-51, banning the carrying of firearms in city-owned buildings. A public hearing will be held on Jan. 11.
Missouri: After a school shooting in St. Louis, Democrat legislators are prefiling stricter gun laws in the legislature. Rep. David Smith (D) introducing the prohibition of anyone under 20 years of age to be able to purchase firearms and Rep. Peter Meredith (D) is proposing a constitutional amendment to require background checks on all firearms transfers and Right-to-Carry permits. It is also likely that red flag laws will be introduced.
New Jersey: The New Jersey legislative session started in Jan. 2022 and runs through October 2023. All the bills carryover into 2023. The Bruen response bill, A4769, was passed by the Assembly on a 42-29 vote. The Senate version, S3214, is going before the full Senate on Dec. 19 for a vote and it will probably pass. This bill bans carrying a firearm almost everywhere except at home, increases fees, uses prior speech and subjective standards to disqualify a person and mandates liability insurance.More bills: A4557 will be upgrading the crime of manufacturing firearms from second to first degree. A4717, has no text but requires psychological evaluation and in-home inspection prior to firearms’ purchase. S3003/A4502, expands sensitive places and S2847/A4369 prohibits possession of body armor. Ohio: SB185, a bill guaranteeing 2A rights during an emergency, passed the House with extensive amendments. When it returned to the Senate only one Senator voted in favor of the House amendments. City of Columbus—passes ordinance banning large-capacity magazines, but Ohio has a preemption law.
Oklahoma: HB1001, a bill to lower the age a citizen can carry a firearm, has been introduced by Rep. Jim Olsen (R) for the 2023 session.
Pennsylvania: HB2775, that would mandate a firearms eligibility license with mandatory training and added fees has been introduced. HB1929, that removes knives and switchblade knives from the prohibited weapons list, that passed the House 202-1 in April 2022, has now unanimously passed the Senate Judiciary Committee. It should now go to the Senate floor for a vote.
Texas: Anti-gun legislators have been busy prefiling bills for the 2023 legislature that starts on January 10, 2023.
State and Local Legal Changes as a result of SCOTUS decision in NYSR&PA v. Bruen
New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen was a monumental decision for most Second Amendment supporters. Plaintiffs in the case have asked the District Court judge for $1,269,232.13 to cover the attorney’s fees and costs. More than $1,000,000 was the bill from Kirkland & Ellis, the law firm that fired their winning attorney, Paul Clement, on the day after NYSR&PA v. Bruen was announced. Clement and his colleague Erin Murphy have left Kirkland & Ellis and started their own firm to ensure that their clients still have representation.
We are aware of at least three current cases with Clement as counsel: NSSF v. James that is now before the US Court of Appeals for the Second Circuit, Flanagan v. Bonta that is now before the US Court of Appeals for the Ninth Circuit, and Eyre v. Rosenblum, a case brought against Oregon Measure 114 by a group including the National Shooting Sports Foundation.
Judicial
Cases are grouped by court venue. New cases are added as they develop and some of these cases will be removed from this report if there is inactivity for a period of time. We will try and follow those cases that are active and impact the most gun owners.
Non-SCOTUS Federal cases
Cases being litigated or re-litigated in response to NYSR&P v. Bruen
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). More and more cases are being filed against this 2022 firearms law and others that predated Bruen.
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. This case filed in the US District Court for the Western District of New York challenges the enactment of S51001. Briefing schedule 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.
Antonyuk, et al v. Hochul: This lawsuit challenges “various provisions of New York’s newly minted by 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. 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.
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. 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.
California: Ninth Circuit: the first three below listed cases were all heard in a status conference held by Judge Roger Benitez on Dec. 12.
South Bay Rod & Gun Club v. Bonta: This case challenges the 2022 law passed as SB1327, allowing individuals to file civil suits against anyone who is involved in selling banned firearms or firearm parts. Judge Roger T. Benitez did not allow the state’s challenge to succeed and the case continues.
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 (three Gold medals, one Silver and two Bronze). 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. U.S. 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 U.S. Court of Appeals for the Ninth Circuit 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 5 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 on 11/28/22. On 12/1/2022 Judge Benitez issued a written order stating that the lawsuit is NOT MOOT and it will continue.
Boland v. Bonta: Dec. 14th Judge Cormac J. Carney ordered a Jan. 23, 2023 evidentiary hearing for the Preliminary Injunction sought by the plaintiffs.
CRPA v. Glendale: New case brought by CRPA challenging city ordinance banning guns on city property. Judge Stanley Blumenfeld ruled against a preliminary injunction and asked plaintiffs to seek “a more narrowly focused motion” and meet with defendants about areas that CRPA members are precluded from carrying firearms.”
Colorado: Tenth Circuit
Two different judges have issued Temporary Restraining orders to halt the bans on the sale, possession and transfer of commonly owned semi-automatic rifles in the towns of Boulder and Superior. After the legislature repealed the Colorado firearms preemption statute both towns banned so-called assault weapons. In two cases, RMGO v. The town of Superior and RMGO v. The town of Boulder, judges have granted temporary restraining orders (TRO) citing the Bruen case. In late August the city of Boulder announced it is not enforcing its “assault weapons” ban until it can “legally coordinate” with its neighboring jurisdictions. On Sept.16 Federal judge Raymond P. Moore declined to combine four lawsuits that have been initiated in Boulder County and its towns into one. He commented,“if anyone thinks the district court is going to have the last say on this, they’re kidding themselves, Come on.” The city of Longmont has postponed consideration of an “assault weapons” ban until June 2023.
Hawaii: Tenth Circuit
NAGR v. Shikada: A challenge to Hawaii’s Pistol Statutes was initiated on Nov. 18, 2022 in the US District Court for the District of Hawaii.
Illinois: Seventh Circuit
NAGR v. City of Naperville, IL: A challenge to Naperville’s assault weapons ban.
Solomon v. Cook County Board: This case was decided in favor of the plaintiff
Maryland: Fourth Circuit
Maryland Shall Issue v. Hogan: Arguments before the US Court of Appeals for the Fourth Circuit are tentatively calendared during the Jan. 24-27 2023 session. This case was originally brought by Maryland Shall Issue in 2016 after the Maryland legislature passed a law requiring a Handgun Qualification License. The suit alleges that the Handgun Qualification License 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. The current case which is before the Fourth Circuit deals with the Second Amendment challenge to the HQL.
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, granted certiorari, vacated and remanded the case back to the Fourth Circuit. It was reopened on Aug. 1 and oral arguments have been scheduled for Dec. 16, 2022. On Oct. 31, 2022 the plaintiffs filed a supplemental reply brief arguing that the case should be decided based on the Bruen decision rather than remanded to a lower court.
Massachusetts: First Circuit
Morin, Alfred v. Lyver, William, et al was granted a writ of certiorariand then vacated and remanded it to the United States Court of Appeals for the First Circuit. This case challenges state law that denies anyone convicted of non-violent misdemeanors from purchasing firearms. Dr. Alfred Morin was convicted of a non-violent misdemeanor for carrying a gun in Washington, DC in 2004. At the time he was licensed by the state of Massachusetts to carry a gun. As a result of this conviction for which he did not serve any jail time, the state now bars him from obtaining a permit to purchase a handgun. Dr. Morin’s case has gone to both the U.S. District Court of Massachusetts and been appealed to the First Circuit Court of Appeals, both of which ruled in favor of the state. Now the Appeals court has been ordered to review this case in light of the Bruen decision.
Granata v. Healey: 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 an appeal was initiated to the US District Court for the District of Massachusetts. Earlier this month the plaintiffs filed a Motion in the US District Court for Vacatur and Remand as a result of the Bruen decision. On October 11, 2022 the Court denied the motion for Vacated and Remand and the briefing schedule remains in effect.
New Jersey: Third Circuit
Mazahreh v. Grewal: was filed in December 2020. Judge Renee Marie Bumb (nominated by President George W. Bush) has ordered a permanent injunction against any requirement for applicants for handgun carry permits to show a “justifiable need” to do so.
Oregon: Ninth Circuit see under Politics
Washington: Ninth Circuit
Miller v. Atkins: The case was decided in 2020 byJudge Ronald B. Leighton of the US District Court for the Western District of Washington in favor of the Washington referendum I-1639 and against the plaintiffs. It was then appealed to the US Court of Appeals for the Ninth Circuit, then held in abeyance on June 6, 2021 until December 2022. The Court of Appeals just vacated and remanded the case back to the District Court as a result of the SCOTUS Bruen decision.
Other Cases
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, 2023.
MSI v. Montgomery County: Pre-motion conference allows the Plaintiffs to file a motion for a Temporary Restraining Order and a Preliminary Injunction. Both were filed on 12/6.
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.
Rigby v. Jennings: A challenge to Delaware bill HB 125, that became law in 2021, criminalized the possession, manufacture, and distribution of unserialized firearms, untraceable and unfinished firearm components. In Sept. 2022 Judge Maryellen Noreika granted a preliminary injunction to prohibit the enforcement of most of this law pending the resolution of the lawsuit. Judge Noreika stated that the plaintiffs “are likely to succeed in their argument’ that the law violates the Second Amendment.
Junior Sports Magazine, et. al v. Bonta: The request for an emergency motion for a writ of mandamus was denied by Judge Christine A. Snyder of the U.S. District Court for the Central District of California. As a result, the plaintiffs, The Second Amendment Foundation, CRPA, Gun Owners of California, California Youth Shooting Sports Association et al. have filed an appeal with the Ninth Circuit Court.
Ocean State Tactical v. Rhode Island has converted their Temporary Restraining Motion to a Motion for a Temporary injunction against the 10-round magazine law that recently passed the legislature.
SoCal Top Guns v. Bonta: A coalition of groups that offer and promote youth-firearm safety,youth-shooting sports, and youth-hunting and hunter-education programs filed a lawsuit challenging a newly passed California statute that prohibits them from promoting those programs. An article in The Reload demonstrates how California’s AB2571 is affecting the careers of Olympic shooters.
Michelle Flanagan v. Rob Bonta: The County Counsel sent a letter to the US Court of Appeals for the Ninth Circuit asking for the case to be dismissed as the case is now moot.The letter states “the Los Angeles County Sheriff’s Department is no longer requiring a showing of “good cause” in issuing licenses to carry a concealed weapon in public. This appeal now moot…”
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.
Cheeseman v. Platkin: A challenge to New Jersey’s “assault weapons ban” in the US District Court for the District of New Jersey.
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.
Ban on firearms for citizens ages 18-21 in federal court
Jones v. Bonta: Originally Jones v. Becerra. The US District Court for the Southern District of California “held that California’s ban was a severe burden on the core Second Amendment right of self- defense in the home.” After California appealed to an en banc panel of the Ninth District Court of Appeals, the Ninth Circuit granted the request and then vacated and remanded the case “consistent with the US Supreme Court’s decision in NYSR&PA v. Bruen. The court again denied the Plaintiffs’ motion for preliminary injunction as MOOT. A re-briefing schedule has been set for 2023.
