Current 2A Cases

Case #70, Winbigler v. Warren County, Ill. Housing Authority, has been resolved!

In meetings that occurred last November, the defendant WCHA offered a settlement that included all demands made by Plaintiff Winbigler & SAF.

Yesterday, May 1st, the Judge announced the order. The SAF announcement is here: SAF Press Release :: SAF WINS PERMANENT INJUNCTION V. PUBLIC HOUSING GUN BAN IN ILLINOIS

What took from Nov until yesterday was the Judges decision to grant all relief except the precedential declaratory relief that the lease was unconstitutional. You can read the decision and why everything but this one item was denied (for good reason) here: Order on Motion for Miscellaneous Relief.

What all this is saying is that the defendant threw in the towel and capitulated to all the plaintiffs demands. The court could not declare that the lease provisions were unconstitutional, only because the merits to that claim were never fully briefed. Hence, any such declaration would be an advisory opinion which the Federal Courts are not allowed to make.

David Sigale and the SAF will take fees.
 
What ever happened with the NY SAFE act being challenged? I remember something about the state having to defend why the law isn't unconstitutional or something like that.
 
The state is to present its case (defending the Constitionality of it) Monday, May 13. I assume the judge will not decide for several weeks.
 
Latest filings in Dearth v. Holder:

03/11/2013 Open Document UNOPPOSED MOTION filed [1424377] by Stephen Dearth and Second Amendment Foundation, Inc. to extend time to file reply to 04/08/2013. Pages: 1-10. [12-5305] (Gura, Alan)

03/11/2013 Open Document APPELLEE BRIEF [1424564] filed by Eric H. Holder, Jr. [Service Date: 03/11/2013 ] Length of Brief: 9800 words. [12-5305] (Dasgupta, Anisha)

03/12/2013 Open Document CLERK'S ORDER filed [1424767] granting appellants' unopposed motion to extend time to file the reply brief [1424377-2], The following revised briefing schedule will now apply: APPELLANT Reply Brief due 04/08/2013 [12-5305]

04/08/2013 Open Document APPELLANT REPLY BRIEF [1429626] filed by Stephen Dearth and Second Amendment Foundation, Inc. [Service Date: 04/08/2013 ] Length of Brief: 4,487 words. [12-5305] (Gura, Alan)

04/09/2013 Open Document CORRECTED APPELLANT REPLY BRIEF [1429746] filed by Stephen Dearth and Second Amendment Foundation, Inc. [Service Date: 04/09/2013 ] Length of Brief: 4,487 words. [12-5305] (Gura, Alan)
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As you know, I uploaded Holder's response (see post 417, above), so here is the Reply Brief from Alan Gura (this is the corrected document). This completes the briefing stage and we now await a scheduling for oral arguments.
 

Attachments

Cases 81 and 82 have been updated. Case #81 is the Colorado lawsuit.

Case #82 is a new (for me) lawsuit. Here the NRA is attacking the City of Chicago's ordinances that prohibit the movement of any firearm outside the confines of a house, in violation of the 7th Circuits Moore/Sheppard decision.
 
Ms. Horsley is 18 and lives on her own. She wants to purchase/possess a long gun (a shotgun) for home protection but is thwarted in this effort by IL law, which requires an FOID to purchase both guns and ammunition. Under IL law, an FOID may not be granted to an individual under the age of 21. An exception is that for those who are 18-20 years of age may obtain an FOID, if their parent/guardian signs the application.

Horsley's parents won't sign. It should be noted that under IL law, they are then fully liable for any criminal conduct arising from the possession of the firearm by the "child." It should also be noted that the State contends (in their MTD) that the parents not signing (the application for an FOID) is a sign that the parents don't think their daughter is mentally mature enough (the State as Mind Reader Extraordinaire).

Unlike the ill-fated cases in Texas, this case does not involve handguns. A fact that the State of IL tries to confuse the Court with, in its Motion To Dismiss.

The case is Horsley v. Trame, just added as # 83 on the list.

Wolfwood? I'm sorry I neglected that case. I will remedy that omission.
 
thanks George Young was dismissed on a 12b6 by having his prayer for relief ignored. Not in my life. Its the first case to ask the hard questions such as is a rifle shotgun and knife protected by the second amendment. I took a another crack at tasers as well. Everyone has their priority and both due to 6 years in Marine Tanks and a extensive martial arts background my number priority is to expand the number of protected classes of arms. Baker should get us batons also. I'd like to go after dirks and daggers when once of the two is remanded.
Moreover if I win as I should by arguing a complete ban a type of class of arm inside the home requires strict scrutiny and a rifle and shotgun are protected that sets things up real well for when the Hawaii legislature passes the assault rifle ban. I also argued assault pistols, short barrel rifles and short barrel shotguns but it is not 100% those arguments will be heard. The answering brief was so bad that it literally looks like they gave up. My Dad thought I had lost it when I said I was the first person to argue a knife. rifle and shotgun are protected.
 
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On Tuesday, the 9th of July, we had a big day, in the many court cases we are watching.

Just found that Mr. Gura has filed for cert in the Woollard case. I just emailed Mr. Gura a request for a copy of the cert.

No. 13-42
Title: Raymond Woollard, et al., Petitioners v. Denis Gallagher, et al.
Docketed: July 11, 2013
Lower Ct: United States Court of Appeals for the Fourth Circuit
Case Nos.: (12-1437)
Decision Date: March 21, 2013
Rehearing Denied: April 16, 2013

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Jul 9 2013 Petition for a writ of certiorari filed. (Response due August 12, 2013)
Jul 9 2013 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
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Orals have been scheduled in Dearth v. Holder.

06/25/2013 Open Document CLERK'S ORDER filed [1443193] scheduling oral argument before Judges HENDERSON, GRIFFITH, RANDOLPH Thursday, 09/19/2013 AM [12-5305]
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With the addition of the 5th Circuit case, NRA v. BATF, to those that have filed for petitions of certiorari, that now gives us 4 cases (and a 5th, should the New Jersey case be added).

The cases seeking a grant of cert are:

Woollard v. Sheridan
Lane v. Holder
Schrader v. Holder
NRA v. BATF

The state of 2A law is in complete disarray. The Court, desperately needs to provide some form of guidance to the lower courts. Else Heller and McDonald are meaningless.
 
Welcome to TFL, Boulderlaw.

It is exactly Baker v. Drozdoff that relates to the new case. This is not virgin territory for Mr. Manley (I do wish costs could have been had in that case, though).
 
Concerning the long overdue adjudication of the Palmer (carry in DC) case, just yesterday, Alan Gura filed a Motion To Expedite. The docket has been updated and the motion (doc #44) and memorandum in support (doc #44.1) have been made available.

This case was filed back on Aug. 6, 2009 and was assigned to DC District Judge Henry H. Kennedy. A MSJ (by the Plaintiffs - doc #5) was filed on Aug. 26, 2009 and a cross motion for MSJ (by defendants - doc #6) was filed on Sept. 9, 2009. Briefing was complete on Jan. 29, 2010.

After waiting some time for Judge Kennedy to order hearing or publish an opinion, C.J. Roberts ordered the case transferred to Judge Frederick J. Scullin, of the U.S. District Court for the Northern District of New York, on Jul. 18, 2011.

Since that time, numerous notices of supplemental authorities have been filed. As the latest motion affirms:

This case is now in its fifth year before this Court. Over three and a half years have passed since the Court first heard argument on the parties’ cross-motions for summary judgment, and nearly a year has passed since the Court re-heard those arguments.
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Hopefully, this will prod the court to act.
 
The case is MONTANA SHOOTING SPORTS V. ERIC HOLDER, JR. A case brought by Gary Marbut. The case was filed shortly after Montana enacted its Firearms Freedom Act (MFFA), a legislative action that several States have enacted in order to confront and limit the Commerce Clause used by the Congress.

At district court, the case was dismissed on issues of standing and for failure to state a claim. The Circuit court affirmed the lower court, insofar as the failure to state a claim, and that the MFFA was preempted by federal law (Supremacy Clause of the US Constitution).
 
From Court to remain open — for now : SCOTUSblog

This may directly affect the Oct. 11th conference. That is the conference that Woollard and Lane are scheduled to be introduced for consideration of cert.

From the Supreme Court website, we have this:

In the event of a lapse of appropriations, the Court will continue to conduct its normal operations through October 4. The Court building will be open to the public during its usual hours. Further notice will be provided in the event a lapse of appropriations continues beyond October 4.
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In other news, 7th circuit case #13-2661; Shepard v. Madigan, is scheduled for orals this coming Thurs. http://www.ca7.uscourts.gov/cal/argcalendar.pdf
 
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