94 results for 'cat:"Constitution" AND cat:"Firearms"'.
J. Sannes awards a New York-based gun rights advocacy group $443,601 in attorney fees and $4,099 in costs after the U.S. Supreme Court agreed with their claims and struck down a state law that prevented gun owners from carrying a firearm outside of their homes for self-defense purposes on the grounds that the law violated their constitutional rights. The court finds that, despite the challenges of litigating a case in front of the U.S. Supreme Court, their initial demand of more than $1.2 million is unreasonable, so the court adjusts their hourly rates to better fit with cases in specialized areas of law previously filed in New York federal judicial districts.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: September 22, 2023, Case #: 1:18cv134, NOS: Constitutionality of State Statutes - Other Suits, Categories: constitution, firearms, Attorney Fees
J. Ezra declines to dismiss the gun store owner's complaint alleging that the Bureau of Alcohol, Tobacco, Firearms and Explosives' recent "official guidance on how to implement" the Gun Control Act of 1968 violated the Second Amendment as well as the Gun Control Act itself. Specifically, the man argues that the guidance could hold him liable for "non-willful actions" such as "inadvertent paperwork errors," which would result in the revocation of his license. The man has standing and is "not challenging a hypothetical policy but a final agency action," and therefore dismissal is not appropriate at this time.
Court: USDC Western District of Texas , Judge: Ezra, Filed On: September 20, 2023, Case #: 1:22cv1063, NOS: Other Civil Rights - Civil Rights, Categories: constitution, Agency, firearms
J. VanDyke finds that the district court improperly denied two individuals' motion for a preliminary injunction seeking to enjoin enforcement of California Penal Code sections that impose criminal penalties for the unlicensed open carry of a handgun. The district court did not apply the correct legal standard to deny the motion for a preliminary injunction. Reversed.
Court: 9th Circuit, Judge: VanDyke, Filed On: September 7, 2023, Case #: 23-15016, Categories: constitution, firearms
J. Copenhaver grants in part and denies in part the Coalition's motion for summary judgment in its suit challenging the constitutionality of the 2018 "Parking Lot" amendments to the West Virginia Business Professional Liability Act that prohibits property owners from banning firearms on the parking lots of their premises. The Inquiry and Take-No-Action provisions of the amendments "facially violate the First Amendment’s guarantee of free speech," as "the term 'any action against' is not defined, its scope is unknown and serves to chill any comment or conduct," and "property owners may certainly inquire into the presence of a firearm in order to prepare for and provide for the safety of their customers, employees and invitees and do so without intending to banish or discriminate against the possessor." The West Virginia Attorney General is enjoined from further enforcement of two provisions.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: August 31, 2023, Case #: 2:19cv434, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, constitution, firearms
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J. O'Connor grants an injunction to three individuals in their case challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives' inclusion of firearms with forced reset triggers in the definition of "machinegun." They have shown a strong likelihood of success on the merits and that they will suffer irreparable harm without an injunction.
Court: USDC Northern District of Texas , Judge: O'Connor, Filed On: August 30, 2023, Case #: 4:23cv830, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: constitution, firearms, Injunction
J. Chuang grants the U.S. Department of Justice’s motion to dismiss allegations of violations of a citizen’s constitutional rights when the department denied his purchase of a firearm based on a criminal background check. The citizen had previously been convicted of a crime with a prison sentence of over one year and had been committed to a mental institution two times in the past. Based on this information, when he went to purchase a gun at Dick’s Sporting Goods — a federal firearms licensee — his criminal and mental health background prevented him from purchasing one. Thus, the citizen’s argument against the department’s criminal background check lacks standing because the licensee’s test blocked him from getting the background check in the first place.
Court: USDC Maryland, Judge: Chuang, Filed On: August 18, 2023, Case #: 8:22cv1611, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, constitution, firearms
J. Rochford finds that the lower court improperly ruled Illinois' assault weapon ban unconstitutional on equal protection grounds, because they exempt law enforcements individuals who complete firearms training as part of their employment. The law-abiding citizens have not sufficiently alleged that they are similarly situated and treated different from law-enforcement personnel. The court does not rule on the viability of any Second Amendment claim because the citizens waived this claim before the lower court. Reversed.
Court: Illinois Supreme Court, Judge: Rochford, Filed On: August 11, 2023, Case #: 129453, Categories: constitution, firearms
J. Smith finds the trial court improperly convicted defendant for possessing firearms as an unlawful user of a controlled substance. After defendant was pulled over for driving without a license plate, officers smelled and found marijuana and two loaded 9mm pistols in his vehicle. Defendant admitted to regular use of marijuana but was not chemically tested or asked if he was currently under the influence. The U.S. code under which the conviction was made cannot be applied in this particular circumstance. That defendant is simply a marijuana smoker “fails constitutional muster” as to his gun possession rights. Reversed and rendered.
Court: 5th Circuit, Judge: Smith, Filed On: August 9, 2023, Case #: 22-60596, Categories: constitution, Drug Offender, firearms
J. Arterton denies the gun advocacy group's motion for a preliminary injunction, ruling that it is unlikely to prevail on Second Amendment claims made in response to state laws that limit the purchase and use of assault rifles and large capacity magazines because the weapons and accessories in question are not commonly purchased or used for self-defense and are "disproportionately dangerous to the public." The increased lethality of the weapons - which are often used in mass shootings - gives state legislators the ability to pass stricter regulations to protect the general population, and so the laws at issue in this suit further a legitimate government interest are likely constitutional.
Court: USDC Connecticut, Judge: Arterton, Filed On: August 3, 2023, Case #: 3:22cv1118, NOS: Other Civil Rights - Civil Rights, Categories: constitution, firearms
J. Srinivasan holds the trial court improperly refused to suppress evidence of a handgun during defendant's trial on a firearms charge. Defendant was seized at the time the officer asked him to reveal his waistband and the government fails to show there was reasonable suspicion to support the seizure. Vacated.
Court: DC Circuit, Judge: Srinivasan, Filed On: August 1, 2023, Case #: 22-3017, Categories: constitution, firearms, Search
[Modified.] J. Markman modifies several sentences in a previously published opinion with no change in judgment. The trial court properly convicted defendant for the possession of a loaded firearm. The “good cause” requirement of California’s concealed carry licensing framework is severable, so the prohibition on carrying a loaded gun in public is still constitutional. Affirmed.
Court: California Courts Of Appeal, Judge: Markman, Filed On: July 31, 2023, Case #: A164432, Categories: constitution, firearms, Murder
Per curiam, the Michigan Court of Appeals finds the Michigan Supreme Court properly ruled that the University student's right to “open carry” a firearm on school grounds was infringed upon by an article of the school’s property protection ordinance. Though gun bans are matters of debate, as a school, the University is a sensitive place, and it is up to the policymaker to determine how to address public safety. Affirmed.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: July 20, 2023, Case #: 330555, Categories: constitution, Education, firearms
J. Jones finds the district court improperly granted the rapper NBA YoungBoy’s motion to suppress a video showing him, a felon, violating federal gun laws. The rapper had no constitutionally protected property interest or reasonable expectation of privacy in the footage on a memory card belonging to a videographer his company hired for promotional purposes. Reversed.
Court: 5th Circuit, Judge: Jones, Filed On: July 14, 2023, Case #: 22-30435, Categories: constitution, Evidence, firearms
J. Chasanow partially denies a Baltimore police officer his motion for summary judgment after he confronted two teenagers who were standing in a parking area of the cul-de-sac where the officer lives. The teens claim they were waiting for a ride when the officer approached them in plainclothes and, after a verbal exchange, the officer drew a personal firearm and the teens walked away. All other details are contested. Also, the officer cannot use his defenses of the color of law or qualified immunity as it is still in question as to when he identified himself as an officer to the teens. Because he drew his firearm, these defenses do not hold up as to false arrest, excessive force and gross negligence under the Fourth Amendment.
Court: USDC Maryland, Judge: Chasanow, Filed On: July 14, 2023, Case #: 1:20cv3146, NOS: Other Civil Rights - Civil Rights, Categories: constitution, firearms, Police Misconduct
J. Immergut finds that a new Oregon law restricting gun use and purchases is constitutional. The gun groups "have not shown that the Second Amendment protects large-capacity magazines, defined as magazines capable of firing 11 or more rounds without reloading." Furthermore, the state's requirement that firearm purchasers obtain a permit that includes the completion of a background check "is consistent with the type of regulations that the U.S. Supreme Court has deemed constitutional."
Court: USDC Oregon, Judge: Immergut, Filed On: July 14, 2023, Case #: 2:22cv1815, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, constitution, firearms
J. Arterton dismisses the Connecticut Army National Guard veteran's claim that the Department of Energy and Environmental Preservation violated the Connecticut Army National Guard veteran's Second Amendment right to self-defense by issuing a statewide ban on carrying firearms in state parks. The veteran does not face a credible threat of prosecution because he has not encountered an EnCon officer while in a state park or forest and the veteran testified that no one noticed that he carried a concealed firearm in the last year.
Court: USDC Connecticut, Judge: Arterton, Filed On: July 12, 2023, Case #: 3:23cv56, NOS: Other Civil Rights - Civil Rights, Categories: constitution, firearms
J. Chuang denies a group of gun advocacy organizations and individuals’ motion for a temporary restraining order and preliminary injunction against Montgomery County in a suit challenging recent amendments to county restrictions on gun possession and use. The group’s motion requests that the county be stopped from enforcing the ban of private citizens’ possession and use of guns in certain places such as schools, churches and hospitals, citing constitutional violations. However, the constitutionality of the ban has not been determined, and currently, security guards at all relevant locations are still allowed to use firearms, addressing the group’s expressed fears about protecting their safety when in these locations.
Court: USDC Maryland, Judge: Chuang, Filed On: July 6, 2023, Case #: 8:21cv1736, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, constitution, firearms
J. Broderick denies a synagogue's motion for preliminary injunction to prevent the Governor from enforcing a law preventing concealed carry of firearms in locations providing any kind of childcare. Although the congregation alleges that the provision deprives them of their First, Second, and Fourteenth Amendment rights, and have proven standing, they do not allege that the state officials themselves are committing any ongoing violations of federal law. The Governor and Attorney General are not proper defendants. Equities and the public interest weigh against injunctive relief.
Court: USDC Southern District of New York, Judge: Broderick , Filed On: June 28, 2023, Case #: 1:22cv8300, NOS: Constitutionality of State Statutes - Other Suits, Categories: constitution, firearms, Injunction
J. Scudder finds that this Second Amendment challenge to the federal felon-in-possession statute must be remanded because the lower court made its decision without the benefit of the Supreme Court's guidance in New York State Rifle & Pistol Association v. Bruen, which announced a new framework for analyzing restrictions on the possession of firearms.
Court: 7th Circuit, Judge: Scudder, Filed On: June 20, 2023, Case #: 22-1557, Categories: constitution, firearms
J. Colloton finds a lower court properly convicted a defendant for possession of a firearm as a convicted felon, possession with intent to distribute cocaine, and possession of a firearm to further a drug trafficking crime. The defendant argued that he was entitled to carry a gun under the Second Amendment while operating a wheelchair inside of a Walmart. However, a Walmart security officer spotted a firearm under the seat of the defendant's personal wheelchair, and then placed him in the security office, where officers located blue latex gloves filled with cocaine. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: June 13, 2023, Case #: 22-1080, Categories: constitution, Drug Offender, firearms
J. Gutierrez finds that the district court properly entered a sentence in a matter which required the panel to consider an enhancement of a guidelines calculation if defendant possessed a dangerous weapon at the time of a felony drug offense. Enhancement was constitutional because "it clearly comports with a history and tradition of regulating the possession of firearms during the commission of felonies involving a risk of violence." Affirmed.
Court: 9th Circuit, Judge: Gutierrez, Filed On: June 13, 2023, Case #: 22-30141, Categories: constitution, Drug Offender, firearms