17 results for 'cat:"Firearms" AND cat:"Injunction"'.
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
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
[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
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J. Morrison issues a preliminary injunction prohibiting RareBreed Triggers, an Texas-based gun parts manufacturer, from selling its FRT-15 forced-reset trigger devices, finding the federal government will most likely succeed on the merits of its claims that the device, which increases the rate of fire on AR-15-style firearms from semi-automatic to automatic, is an illegal machinegun under federal gun laws and that the manufacturer engaged in a conspiracy to deceive its customers by claiming falsely that the product is perfectly legal.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: September 5, 2023, Case #: 1:23cv369, NOS: Other Statutory Actions - Other Suits, Categories: firearms, injunction
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. Melloy finds a lower court properly denied two organizations and 17 States' motion for preliminary injunction concerning claims that the Bureau of Alcohol, Tobacco, Firearms, and Explosives overstepped its authority when it breached federal regulations by deciding the definition of receiver and identification of firearms. The organizations and 17 States argued that it was entitled to a preliminary injunction to enjoin the ATF from implementing the new rule and for overstepping its authority. However, the bureau presented sufficient evidence in court that the organizations and the 17 States would not face economic harm or deprivation of its rights to engage in protected conduct under the Constitution minus a decision on the merits. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: August 22, 2023, Case #: 22-2812, Categories: Government, firearms, injunction
J. Brimmer grants two potential gunowners their motion for preliminary injunction in their suit against the Governor of Colorado one day before the proposed passage of a new statute making it illegal for anyone under the age of 21 to purchase a gun. The potential gunowners, both between 18 and 21 years of age, are correct that if the statute passes, they could be injured by a real threat of prosecution if they buy guns. Therefore, the governor is enjoined from enforcing the statute until further proceedings.
Court: USDC Colorado, Judge: Brimmer, Filed On: August 7, 2023, Case #: 1:23cv1077, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, firearms, injunction
J. Kobayashi partially grants a temporary restraining order and preliminary injunction to firearm owners who claimed a recent law prohibiting firearms from being carried on government property, beaches, banks and bars violated the Second Amendment. State officials were unable to show that there is historical tradition banning carrying firearms in these public places. The gun owners, however, is not likely to succeed on their First Amendment challenge as the law’s stipulation on permission to carry firearms on private property does not regulate their speech.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: July 8, 2023, Case #: 1:23cv265, NOS: Other Civil Rights - Civil Rights, Categories: firearms, First Amendment, injunction
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