Difference between revisions of "Dearth v. Holder"

From Calguns Foundation Wiki
Jump to: navigation, search
(Status)
 
(11 intermediate revisions by 2 users not shown)
Line 1: Line 1:
=Hodgkins et al. v. Holder=
+
=Dearth v. Holder (was Hodgkins v. Holder)=
  
Mr. Hodgkins and Mr. Dearth are natural born US Citizens that currently reside outside of the United States. They wish to buy firearms when they are physically present in the US but are not allowed to by Federal law since they don't have a state of residence.
+
Mr. Dearth is a natural born U.S. Citizen that currently resides outside of the United States. Mr. Dearth wishes to buy firearms when he is physically present in the U.S. but is not allowed to by Federal law since he does not have a state of residence.
  
 
== Status ==
 
== Status ==
Case number 1:09-cv-00587 in the Federal District Court of District of Columbia. [http://www.archive.org/download/gov.uscourts.dcd.135946/gov.uscourts.dcd.135946.docket.html Docket] from RECAP.
+
Case number No. 10-5062 and is now filed in [http://www.cadc.uscourts.gov/internet/home.nsf U.S. Court of Appeals for the District of Columbia Circuit]
  
* December 20, 2009 - [http://www.archive.org/download/gov.uscourts.dcd.135946/gov.uscourts.dcd.135946.9.0.pdf RESPONSE] re NOTICE OF SUPPLEMENTAL AUTHORITY filed by ERIC HOLDER
+
Case number was 1:09-cv-00587 and was in the Federal District Court of District of Columbia. [http://www.archive.org/download/gov.uscourts.dcd.135946/gov.uscourts.dcd.135946.docket.html Docket] from RECAP.
  
* December 14, 2009 - [http://www.archive.org/download/gov.uscourts.dcd.135946/gov.uscourts.dcd.135946.8.0.pdf NOTICE OF SUPPLEMENTAL AUTHORITY] from Hodgkins
+
* April 15, 2011 [http://www.cadc.uscourts.gov/internet/opinions.nsf/A18B77CBD1198828852578730050498A/$file/10-5062-1303429.pdf opinion] reverses and remands for trial; appellant Dearth determined to have standing to bring suit, since he has an 'ongoing injury'.
  
* July 20, 2009 - [http://www.archive.org/download/gov.uscourts.dcd.135946/gov.uscourts.dcd.135946.7.0.pdf REPLY to opposition] to motion to Dismiss for Lack of Jurisdiction.
+
* July 21, 2010 - [http://www.hoffmang.com/firearms/dearth/Dearth-Appellant-Brief-2010-07-21.pdf Opening brief] Filed by Alan Gura
 +
 
 +
* July 9, 2010 - [http://www.hoffmang.com/firearms/dearth/Hodgkins-MTD-2010-07-09.pdf CONSENT MOTION FOR PARTIAL DISMISSAL] Mr. Hodgkins has decided to move back to the United States so he is no longer a qualified plaintiff.  The case is now captioned '''Dearth v. Holder'''
 +
 
 +
* March 3, 2010 - Notice of Appeal filed
 +
 
 +
* January 5 2010 - [http://www.archive.org/download/gov.uscourts.dcd.135946/gov.uscourts.dcd.135946.11.0.pdf Order on Motion to Dismiss/Lack of Jurisdiction] ORDER granting defendant's motion to dismiss. Signed by Judge James Robertson on January 5, 2010
 +
 
 +
* December 20, 2009 - [http://www.archive.org/download/gov.uscourts.dcd.135946/gov.uscourts.dcd.135946.9.0.pdf Response] re Notice of Supplemental Authority filed by Holder.
 +
 
 +
* December 14, 2009 - [http://www.archive.org/download/gov.uscourts.dcd.135946/gov.uscourts.dcd.135946.8.0.pdf Notice of Supplemental Authority] from Hodgkins
 +
 
 +
* July 20, 2009 - [http://www.archive.org/download/gov.uscourts.dcd.135946/gov.uscourts.dcd.135946.7.0.pdf reply to opposition] to motion to Dismiss for Lack of Jurisdiction.
  
 
* July 10, 2009 - [http://www.archive.org/download/gov.uscourts.dcd.135946/gov.uscourts.dcd.135946.6.0.pdf Memorandum in opposition] to MOTION to Dismiss for Lack of Jurisdiction.
 
* July 10, 2009 - [http://www.archive.org/download/gov.uscourts.dcd.135946/gov.uscourts.dcd.135946.6.0.pdf Memorandum in opposition] to MOTION to Dismiss for Lack of Jurisdiction.
  
* June 26, 2009 - [http://www.archive.org/download/gov.uscourts.dcd.135946/gov.uscourts.dcd.135946.5.0.pdf MOTION to Dismiss for Lack of Jurisdiction] by ERIC HOLDER
+
* June 26, 2009 - [http://www.archive.org/download/gov.uscourts.dcd.135946/gov.uscourts.dcd.135946.5.0.pdf MOTION to Dismiss for Lack of Jurisdiction] by Holder
  
 
* March 27, 2009 - [http://www.archive.org/download/gov.uscourts.dcd.135946/gov.uscourts.dcd.135946.1.0.pdf Complaint] filed .
 
* March 27, 2009 - [http://www.archive.org/download/gov.uscourts.dcd.135946/gov.uscourts.dcd.135946.1.0.pdf Complaint] filed .
 +
 +
== Intent ==
 +
 +
1.) To change the law so that U.S. citizens may receive and use firearms without a U.S. residence.
 +
 +
2.) To change the law so that U.S. citizens may purchase firearms without a U.S. residence.
 +
 +
==Case Files==
 +
 +
* [http://ia341325.us.archive.org/2/items/gov.uscourts.dcd.135946/ Case Files are here]

Latest revision as of 17:49, 15 April 2011

Dearth v. Holder (was Hodgkins v. Holder)

Mr. Dearth is a natural born U.S. Citizen that currently resides outside of the United States. Mr. Dearth wishes to buy firearms when he is physically present in the U.S. but is not allowed to by Federal law since he does not have a state of residence.

Status

Case number No. 10-5062 and is now filed in U.S. Court of Appeals for the District of Columbia Circuit

Case number was 1:09-cv-00587 and was in the Federal District Court of District of Columbia. Docket from RECAP.

  • April 15, 2011 opinion reverses and remands for trial; appellant Dearth determined to have standing to bring suit, since he has an 'ongoing injury'.
  • July 9, 2010 - CONSENT MOTION FOR PARTIAL DISMISSAL Mr. Hodgkins has decided to move back to the United States so he is no longer a qualified plaintiff. The case is now captioned Dearth v. Holder
  • March 3, 2010 - Notice of Appeal filed
  • December 20, 2009 - Response re Notice of Supplemental Authority filed by Holder.

Intent

1.) To change the law so that U.S. citizens may receive and use firearms without a U.S. residence.

2.) To change the law so that U.S. citizens may purchase firearms without a U.S. residence.

Case Files