94 results for 'cat:"Constitution" AND cat:"Firearms"'.
J. Leinenweber denies a firearm owner’s motion for a preliminary injunction against Highland Park’s ban on assault weapons. The court finds the Chicago suburb, where a deadly July 2022 mass shooting occurred, has legally banned the weapons under Second Amendment provisions, based on a “long-established” history of government bodies restricting private access to weapons designed for military use. The court also grants Highland Park’s motion to dismiss a gun rights advocacy group as one of the suit’s plaintiffs, finding the group lacks standing to bring the case.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: January 9, 2024, Case #: 1:22cv4774, NOS: Other Civil Rights - Civil Rights, Categories: constitution, Municipal Law, firearms
J. Mueller finds for the Attorney General of California on two individuals’ constitutional challenge to two state firearms laws that prohibit people from openly carrying firearms without permits. The pair fail to show the law is unconstitutional, nor do they support their argument the state cannot make them carry a weapon in a certain way. "This contention is unpersuasive for the simple reason that American governments have imposed restrictions on how people carry guns since the founding era, as the Supreme Court has twice held."
Court: USDC Eastern District of California, Judge: Mueller, Filed On: December 29, 2023, Case #: 2:19cv617, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, constitution, firearms
J. Susswein finds that the trial court properly denied petitioner an ID card and permit to purchase a handgun on grounds that he falsified information on the application and due to a past physical altercation with a neighbor. Disqualifying for falsification does not require a criminal charge of perjury, and while the applicant's past psychiatric treatment would not automatically waive his right for the permit, such would likely warrant follow-up inquiries. Affirmed.
Court: New Jersey Appellate Division, Judge: Susswein , Filed On: December 22, 2023, Case #: A-3899-21, Categories: constitution, firearms
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J. Ede reverses the district court's dismissal for lack of probable cause of a charge of possession of a firearm not identified by a serial number. The statute prohibiting possession of a firearm without a serial number is not unconstitutionally vague as applied to the defendant's possession of a privately-made weapon. Reversed.
Court: Minnesota Court Of Appeals, Judge: Ede, Filed On: December 18, 2023, Case #: A23-0863, Categories: constitution, firearms
J. Kyzar grants defendant supervisory review but upholds the denial of his motion to quash the indictment charging him with possession of a firearm by a convicted felon. Defendant argues the relevant state statute is unconstitutional when applied to his circumstances "as a prior convicted felon for a drug-related offense." But the U.S. Supreme Court's decision in Bruen "does not, in general, declare unconstitutional laws making it unlawful for convicted felons to own or possess firearms." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: December 13, 2023, Case #: KW-23-718, Categories: Criminal Procedure, constitution, firearms
J. Lorenz declines to issue a preliminary injunction to halt a state law prohibiting federally licensed firearms dealers from selling a firearm to a person under 21 years of age with certain exceptions for those who have received proper training. The purpose of the law is public safety, as the government has cited evidence that the 18-to-20-year age group targeted by the law has been identified as disproportionately prone to violence, including gun violence, compared to older age groups.
Court: USDC Southern District of California, Judge: Lorenz, Filed On: December 8, 2023, Case #: 3:19cv1226, NOS: Constitutionality of State Statutes - Other Suits, Categories: constitution, firearms, Injunction
[Consolidated.] Per curiam, the circuit finds that the district court properly barred enforcement of certain aspects of New York's amended concealed-carry laws. The laws violated the first and second amendment by requiring applicants to provide a list of current and past social media accounts and to avoid private property that remains open to the public without boasting signs specifically granting concealed-carry access. Meanwhile, religious rights were violated by barring a pastor and his congregants from bringing weapons to their church for self-defense purposes. However, injunctions granted against other amendments should be vacated for lack of jurisdiction or constitutional violations. Affirmed in part.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 8, 2023, Case #: 22-2908 (L), Categories: constitution, Licensing, firearms
Per curiam, the circuit finds that the district court properly denied firearms and ammunition dealers a preliminary injunction in claims contending customers' right to bear arms were hampered by New York regulations requiring background checks and safety training because the dealers failed to present evidence of harm suffered by customers, and the dealers were not subject to background check or training provisions. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 8, 2023, Case #: 22-3068-cv, Categories: constitution, firearms
J. Benton finds a lower court properly sentenced a defendant who pleaded guilty to possession of firearms by a prohibited person. The defendant, who attempted to "choke out" his girlfriend while holding his infant daughter, argued that a protective sweep of the residence conducted by police was invalid. However, under the Fourth Amendment, police officers may be entitled to conduct a quick "protective sweep" based on reasonable suspicion, and presented sufficient evidence in court that the defendant surrendered to authorities at the bottom of a staircase that leads to the basement. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: December 8, 2023, Case #: 23-1298, Categories: constitution, firearms, Search
J. Riggs grants, in part, the gun owner's motion for a preliminary injunction, ruling the governor cannot enforce a public health order that prohibits the carrying of firearms in public parks. No historical tradition supports such a ban, while the only cases or laws cited by the government are either too far in the past to be relevant or stem from western territorial laws inapplicable to the Second Amendment. However, because playgrounds are analogous to schools and can be considered sensitive places, that portion of the order is supported by a longstanding history of enforcement and will remain in effect.
Court: USDC New Mexico, Judge: Riggs, Filed On: December 5, 2023, Case #: 1:23cv781, NOS: Other Civil Rights - Civil Rights, Categories: constitution, firearms, Injunction
J. Hurd rejects a legal challenge to New York State’s firearm licensing requirements brought by two state residents who were denied firearm licenses by a county court judge on the basis of past criminal histories, which they argue is a violation of their constitutional rights. The judge, who acted as a statutory licensing officer in this case, is protected by judicial immunity, their claim for declaratory relief is denied on the basis that they fail to establish the interests of the judge are sufficiently adverse to their own, and their claim seeking an injunction enjoining state officials from enforcing the regulations are barred under federal civil rights law.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: November 21, 2023, Case #: 1:15cv658, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, constitution, firearms
J. Richardson finds the lower court improperly found Maryland's handgun qualification license constitutional. The provision requiring purchasers to complete an extensive process, including multiple background checks and completion of a half-day firearms safety course, has no historical analog that justifies its restriction. Reversed.
Court: 4th Circuit, Judge: Richardson, Filed On: November 21, 2023, Case #: 21-2017, Categories: constitution, firearms
J. Hull finds the trial court improperly dismissed the unlawful gun possession charges on constitutional grounds. Though defendants had standing to raise the defense by demurrer, the cited case that establishes laws requiring "good cause" to carry weapons are unconstitutional does not render California’s entire gun licensing scheme unconstitutional. Reversed.
Court: California Courts Of Appeal, Judge: Hull , Filed On: November 20, 2023, Case #: C097326, Categories: constitution, firearms
Per curiam, the circuit finds that the district court improperly denied a preliminary injunction in second amendment claims concerning state firearm training requirements enacted while plaintiff's concealed-carry license application was pending because the court failed to consider whether it had jurisdiction to rule on the injunction.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 14, 2023, Case #: 22-3210-cv, Categories: Civil Procedure, constitution, firearms
J. Boyle denies a Second Amendment rights advocacy group, a firearms dealer and two gun owners' motion for a preliminary injunction in their challenge the Bureau of Alcohol, Tobacco, Firearms and Explosives' final rule regarding guns equipped with stabilizing devices. Although the final rule is not a logical outgrowth of the proposed rule, they fail to show they are prejudiced and, therefore, have not shown a likelihood of success on the merits.
Court: USDC Northern District of Texas , Judge: Boyle, Filed On: November 13, 2023, Case #: 3:21cv116, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Civil Rights, constitution, firearms
[Consolidated.] J. Wood finds two of lower courts in these three consolidated Second Amendment cases properly refused to enjoin Illinois's laws regulating assault weapons and high-capacity magazines. These regulated weapons are not required for self-defense, and are therefore not protected by the Second Amendment. There is a long tradition supporting a distinction between weapons and accessories designed for military or law-enforcement use, and weapons designed for personal use. Affirmed in part.
Court: 7th Circuit, Judge: Wood, Filed On: November 3, 2023, Case #: 23-1353, Categories: Civil Rights, constitution, firearms
J. Palafox finds a lower court mostly ruled correctly in convicting defendant of unlawful possession of a firearm as a felon. While defendant argues that prior gun laws are “now in question” following the Supreme Court’s decision in Bruen, legal precedent around firearms has generally been “premised on the principle that felons had historically lacked Second Amendment rights.” However, a “clerical error” in the lower court judgment misstates the statute which defendant violated and should be fixed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: October 31, 2023, Case #: 08-23-00057-CR, Categories: constitution, firearms, Civil Rights
J. Copperthite grants the U.S. attorney general’s motion to dismiss on an individual’s case challenging the denial of his state application for a “Handgun Qualification License.” While the individual, who seeks to buy a firearm for self-protection, has nonviolent convictions for driving while intoxicated and resisting arrest. The federal law that bans felons from owning guns is not unconstitutional as applied to him. The government has a legitimate interest in keeping weapons away from individuals that have been convicted of a crime that is punishable by imprisonment for a term exceeding one year.
Court: USDC Maryland, Judge: Copperthite, Filed On: October 20, 2023, Case #: 1:23cv42, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, constitution, firearms
[Consolidated.] J. Urias denies the gun rights advocates' motion for a preliminary injunction, ruling they are unlikely to prevail on Second Amendment claims related to the state's public health order prohibiting the carry of firearms through public parks and playgrounds. Similar bans have been implemented and upheld throughout the 19th and 20th centuries, while parks could also be considered "sensitive places" outlined by the Supreme Court in rulings that limit the scope of the right to bear arms.
Court: USDC New Mexico, Judge: Urias, Filed On: October 11, 2023, Case #: 1:23cv773, NOS: Other Civil Rights - Civil Rights, Categories: constitution, firearms, Injunction
Per curiam, the Ninth Circuit grants Rob Bonta, the Attorney General of California's, emergency motion for a partial stay of a district court ruling finding that a ban on high-capacity magazines is unconstitutional. The Attorney General showed that California will be "irreparably harmed absent a stay pending appeal by presenting evidence that large-capacity magazines pose significant threats to public safety."
Court: 9th Circuit, Judge: Per curiam, Filed On: October 10, 2023, Case #: 22-55805, Categories: constitution, firearms
J. Shipp dismisses constitutional claims contending the state's prohibition on 3-D printed gun information forced a Texas-based company to cease activities in New Jersey for fear of enforcement because computer code designed for printing weapons is likely non-expressive speech, and plaintiffs failed to demonstrate how each type of information constitutes protected speech. Meanwhile, plaintiffs did not allege an individual had been prevented from printing a 3-D firearm, and the commerce clause does not prevent one state from criminalizing behavior originating from another state.
Court: USDC New Jersey, Judge: Shipp, Filed On: September 29, 2023, Case #: 3:21cv9867, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, constitution, firearms
J. Fitzerald Smith finds that the lower court properly convicted defendant of being an armed habitual criminal and sentenced him to eight years in prison. The evidence was sufficient to convict him beyond a reasonable doubt of knowingly possessing a firearm. There is no merit to his claim that the Supreme Court's recent decision in New York State Rifle & Pistol Association v. Bruen renders the state's armed career criminal laws unconstitutional. Affirmed.
Court: Illinois Appellate Court, Judge: Fitzerald Smith, Filed On: September 25, 2023, Case #: 200435, Categories: constitution, firearms