Litigation Past and Present
From Calguns Foundation Wiki
Revision as of 18:52, 17 December 2012 by Crom (Talk | contribs) (→Current Litigation: Pena updated)
Contents
Current Litigation
| Current Litigation | |||||||
|---|---|---|---|---|---|---|---|
| Year Filed | Name of Case | Issue at stake | Jurisdiction | Type | Where Filed | Case Number(s) | Status |
| 2012 | Teixeira v. County of Alameda | Alameda's 500' restriction on FFLs is facially unconstitutional and unconstitutional as applied. | Federal | Civil | U.S. District Court for the Northern District of California (SF/OAK) (CAND) | 4:12-cv-03288 PACER | LITIGATION |
| 2012 | Lu v. Baca | Lee Baca and LASD impermissibly require carry license applicants to be denied by their cities. | California | Civil | Superior Court of California County of Los Angeles (LASC) | Complaint | LITIGATION |
| 2011 | Sylvester v. Harris | Second waiting periods for those who posses firearms are unconstitutional. | Federal | Civil | U.S. District Court for the Eastern District of California (CAED) | 1:11-cv-02137 PACER | LITIGATION |
| 2011 | CGF v. San Mateo County | San Mateo County's total ban on firearms in parks is preempted by state law California Government Code Section 53071. | California | Civil | Superior Court of California (County of San Mateo) | Waiting for case number Complaint | LITIGATION |
| 2011 | Bauer v. Harris | DROS fees are higher than the costs to run background checks and therefor unconstitutional. | Federal | Civil | U.S. District Court for the Eastern District of California (CAED) | 1:11-cv-01440-LJO -MJS PACER | LITIGATION |
| 2011 | Baker v. Kealoha | Hawaii Defense Foundation challenge to HI carry license practices. | Federal | Civil | U.S. 9th Circuit Court of Appeals (CA9) | USCA Case #12-16258 | APPEALING |
| 2011 | J&G Sales and Foothill Firearms v. Melson consolidated with NSSF v. Melson | NRA and NSSF challenges to the ATF multiple rifle sales reporting requirement | Federal | Civil | U.S. Court of Appeals for the District of Columbia Circuit (CADC)] | USCA Case #TBD | APPEALING |
| 2011 | Rossow v. Merced County | Merced Sheriff must comply with the Penal Code, Government Code in his carry license process. | California | Civil | Superior Court of California (County of Merced) | Waiting for case number Complaint | LITIGATION |
| 2011 | Ezell v. Chicago
(Ezell II) |
The plaintiffs have already won a preliminary injunction against the firing-range ban in the 7th circuit court of appeals. Ezell II further challenges Chicago's gun range ban. The ordinance has been rewritten three times and it's still unconstitutional. | Federal | Civil | U.S. District Court for the District of Northern Illinois (ILND) | 1:10-cv-05135 PACER | LITIGATION |
| 2011 | Lane et al v. Holder et al | Fed law requiring handguns to be bought in residents own state is onerous. | Federal | Civil | U.S. Court of Appeals for the Fourth Circuit (CA4) | USCA Case #11-1847 | APPEALING |
| 2011 | Enos v. Holder | 18 U.S.C. §§ 921(a)(33), 922(d)(9) and 922(g)(9) violates the Second Amendment to the United States Constitution because it imposes a lifetime ban on the exercise of a fundamental constitutional “right to keep and bear arms” after conviction of a minor crime. | Federal | Civil | U.S. 9th Circuit Court of Appeals (CA9) | USCA Case #12-15498 | APPEALING |
| 2011 | Richards v. Harris | CA 'assault weapon' law unconstitutional for vagueness; 12031(e) law unconstitutional vs 4th Amendment | Federal | Civil | U.S. District Court for the Northern District of California (SF/OAK) (CAND) | 3:10-cv-01255 PACER | LITIGATION |
| 2011 | Scocca v. Smith | Sheriff Smith must treat citizens equally under the law and conform her Carry License issuance polices to established court precedent. | Federal | Civil | U.S. District Court for the Northern District of California (CAND) | 5:11-cv-01318 PACER | DISMISSED / WITH LEAVE TO AMEND |
| 2011 | Sheridan et al v. Madigan et al | NRA/ISRA Challenge to Illinois’ statutory prohibitions on all forms of carry. (Citizens have neither open nor concealed carry) | Federal | Civil | U.S. District Court for the Southern District of Illinois (CA7) | USCA Case #TBD | WIN |
| 2011 | Fletcher et al v. Haas et al | Challenges Massachusetts' ban on handgun possession and firearm and ammunition purchases by legal resident aliens | Federal | Civil | U.S. District Court for the District of Massachusetts (MAD) | 1:11-cv-10644 | LITIGATION |
| 2011 | Moore v. Madigan | Challenges Illinois’ statutory prohibitions on all forms of carry. (Citizens have neither open nor concealed carry) | Federal | Civil | U.S. Court of Appeals for the Seventh Circuit (CA7) | USCA Case #12-1269 | WIN |
| 2010 | Calguns Foundation v. Ventura County | Ventura Sheriff must comply with the California Public Records Act, ("PRA"). | California | Civil | Superior Court of California (County of Ventura) | 56-2010-00383664-CU-WM-VTA OPINION | SETTLED / VICTORY |
| 2010 | Peterson v. LaCabe | Challenges carry residency requirement for City and County of Denver, CO | Federal | Civil | U.S. Court of Appeals for the Tenth Circuit (CA10) | 10-CV-00059-WDM-MEH | APPEALING |
| 2010 | Kachalsky v. Cacace | Challenge to New York State "proper cause" requirement for a carry license. | Federal | Civil | U.S. Court of Appeals for the Second Circuit (CA2) | 7:10-cv-05413 USCA Case #11-3642 | APPEALING |
| 2010 | Schrader v. Holder | Challenge to NICS denying purchases for MD resident convicted of a misdemeanor that had no sentencing limit. | Federal | Civil | U.S. Court of Appeals for the District of Columbia Circuit (CADC) | 1:10-cv-01736 PACER | APPEALING |
| 2010 | Woolard v. Sheridan(now Gallagher, 10/12) | [T]he Court finds that the right to bear arms is not limited to the home. A citizen may not be required to offer a ―good and substantial reason why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs. The Court [...] finds Maryland‘s requirement that a permit applicant demonstrate ―good and substantial reason to be unconstitutional. | Federal | Civil | U.S. District Court for the District of Maryland (MDD) | 1:10-cv-02068 PACER | VICTORY/Appeal Likely |
| 2010 | Mishaga v. Monken | Challenge to Illinois State Law Prohibiting non-state residents from obtaining FOID. FOID Is necessary for possession. | Federal | Civil | U.S. District Court for the Central Distrcit of Illinois Springfield Division (ILCD) | 3:10-cv-03187-MPM -CHE | LITIGATION |
| 2010 | Wisconsin Carry, Inc. v. Wray, Noble | Litigation to stop harassment of law abiding citizens who are exercising their rights to carry a loaded handgun in public. | Federal | Civil | U.S. District Court for the Western District of Wisconsin (WIWD) | 3:10-cv-00548 PACER | LITIGATION |
| 2010 | Piszczatoski v. Filko
Formerly: Muller v. Maenza |
Challenge to New Jersey's horribly crafted carry laws. | Federal | Civil | U.S. District Court for the District of New Jersey (NJD) | USCA Case #12-1150 | APPEALING |
| 2010 | Parker v. California | CRPA Foundation filed a lawsuit to invalidate AB962 (ammo) because it's unconstitutionally vague. | California | Civil | Superior Court of CA, Fresno | 10CECG02116 OPINION | VICTORY, DOJ APPEALING |
| 2010 | Second Amendment Arms v City of Chicago | Challenges ban on gun stores in Chicago. | Federal | Civil | U.S. District Court for the Northern District of Illinois (ILND) | 1:10-cv-04257 PACER | LITIGATION |
| 2010 | Benson v City of Chicago | NRA challenge to many aspects of the new Chicago handgun ordinances. | Federal | Civil | U.S. District Court for the Northern District of Illinois (ILND) | 1:10-cv-04257 PACER | LITIGATION |
| 2010 | Bonidy v. U.S. Postal Service | Challenges the firearm ban on U.S. Post Office Property. | Federal | Civil | U.S. District Court for the District of Colorado (COD) | 1:10-cv-02408 PACER | LITIGATION |
| 2010 | Jennings v. Bureau of Alcohol, Tobacco, Firearms, and Explosives | Challenge to the federal ban on adults aged 18 - 20 from purchasing a handgun. | Federal | Civil | U.S. 5th Circuit Court of Appeals (CA5) | USCA Case #TBD | APPEALING |
| 2010 | Jennings v. McCraw | Challenge to the Texas ban on adults aged 18 - 20 from acquiring a license to carry a handgun from Texas DPS. | Federal | Civil | U.S. 5th Circuit Court of Appeals (CA5) | USCA Case #TBD | APPEALING |
| 2010 | Bateman v. Perdue | Challenge to NC regulations that prohibit carry and sales of firearms during State declared emergencies. | Federal | Civil | U.S. District Court for the Eastern District of North Carolina (NCED) | 5:10-cv-00265-H PACER | VICTORY/Appeal Likely |
| 2009 | Pena v. Cid | Challenge the California Roster of "Safe" Handguns | Federal | Civil | U.S. District Court for the Eastern District of California (CAED) | 2:09-cv-01185 PACER | LITIGATION |
| 2009 | Richards v. Prieto | (Formerly Sykes v. McGinness) Challenges carry licensing policy in Yolo County, CA | Federal | Civil | U.S. Court of Appeals for the Ninth Circuit (CA9) | 2:09-cv-1235-MCE-KJM | WAITING |
| 2009 | Palmer v. District of Columbia | Challenges the carry licensing in the District of Columbia | Federal | Civil | U.S. District Court for the District of Columbia (DCD) | 1:09-cv-01482-HHK PACER | WAITING |
| 2009 | Peruta v. County of San Diego | The Judge thinks that UOC is okay for self defense and the Court does not need to decide whether the Second Amendment encompasses a right to carry a loaded handgun in public. | Federal | Civil | U.S. Court of Appeals for the Ninth Circuit (CA9) | 3:09-cv-02371-IEG-BGS | WAITING |
| 2009 | Montana Shooting Sports Association et al v. Holder, Jr. | An attempt to limit enforcement of the National Firearms Act (“NFA”), and the Gun Control Act of 1968 (“GCA”) by way of the Montana Firearms Freedom Act (“MFFA”) | Federal | Civil | U.S. 9th Circuit Court of Appeals (CA9) | 9:09-cv-00147 | APPEALING |
| 2009 | Dearth v. Holder
(Dearth II) |
This suit challenges the prohibition for U.S. Citizens to purchase a firearm without a U.S. residence. | Federal | Civil | U.S. District Court for the District of Columbia (DCD) | 1:09-cv-00587 PACER | LITIGATION |
| 2009 | Osterweil v. Bartlett | Challenges New York state law that requires someone be domiciled in New York to obtain a permit to possess a handgun in the home thus banning part-time residents from handgun possession. | Federal | Civil | U.S. Court of Appeals for the Second Circuit (CA2) | USCA Case #11-2420 | APPEALING |
| 2009 | Jackson v. San Francisco | The requirement to keep handguns unloaded or trigger locked or otherwise in a locked case is unconstitutional.The suit also challenges the fact that the "no discharge" ordinance has no exception for self defense. Further the suit challenges the ban on the sale of hollow point ammunition or any ammunition that is not suitable for "sporting purposes" in San Francisco. | Federal | Civil | U.S. District Court for the Northern District of California (CAND) | 3:09-cv-02143-PJH PACER | LITIGATION |
| 2008 | Hightower v. Boston | Challenge to discretionary issue of Licenses To Carry, which are also required to own firearms. | Federal | Civil | U.S. Court of Appeals for the First Circuit (CA1) | USCA Case #TBD | APPEALING |
| 2008 | Heller et al v. DISTRICT OF COLUMBIA et al
(Heller III) |
Challenges many statures enacted by D.C. after the landmark Supreme Court ruling in Heller but mostly about long-gun registration. | Federal | Civil | U.S. Court of Appeals for the District of Columbia (CADC) | USCA Case# 10-7036 | APPEALING |
| 1999 | Nordyke v. King
(Nordyke VI) |
After 12 years of litigation, this case is now over. Gun shows may be held on County property provided that the Nordykes' comply with the ordinance by tethering guns to tables. Despite this action, the Nordykes were not awarded prevailing party status. | Federal | Civil | U.S. 9th Circuit Court of Appeals (CA9) | PACER #07-15763 | LOSS |
Supreme Court Decisions
| United States Supreme Court Cases | |||||||
|---|---|---|---|---|---|---|---|
| Year Decided | Name of Case | What was the core holding? | Jurisdiction | Type | Where Filed | Case Numbers | Status |
| 2010 | McDonald v. Chicago | We have previously held that most of the provisions of the Bill of Rights apply with full force to both the Federal Government and the States. Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States. | Federal | Civil | U.S. Supreme Court | (08-4241, 08-4243, 08-4244) | SETTLED |
| 2008 | District of Columbia v. Heller | The Second Amendment guarantees an individual's right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. | Federal | Civil | U.S. Supreme Court | (04-7041) | SETTLED |
| 1939 | United States v. Miller | The National Firearms Act, as applied to one indicted for transporting in interstate commerce a 12-gauge shotgun with a barrel less than 18 inches long without having registered it and without having in his possession a stamp-affixed written order for it, as required by the Act, held: Not unconstitutional, does not violate of the Second Amendment. | Federal | Criminal | U.S. Supreme Court | 307 U.S. 174 | SETTLED |
Case Law
| Past Cases and Settled Law | |||||||
|---|---|---|---|---|---|---|---|
| Year Decided | Name of Case | What was the Decision? | Jurisdiction | Type | Where Filed | Case Numbers | Status |
| 2012 | Moore v. Madigan | The Supreme Court has decided that the amendment confers a right to bear arms for self-defense, which is as important outside the home as inside. (The IL. law baring all forms of carry is unconstitutional.) | Federal | Civil | U.S. Court of Appeals, 7th Circuit | No.12-1269, 12-1788 | WIN
|
| 2012 | US v. Henry | He contends that he has a Second Amendment right to possess a homemade machine gun in his home. We reject this argument because machine guns are "dangerous and unusual weapons" that are unprotected by the Second Amendment. | Federal | Criminal | U.S. Court of Appeals, 9th Circuit | No. 11-30181 | FAIL |
| 2011 | Heller et al v. DISTRICT OF COLUMBIA et al
(Heller II) |
We hold the District had the authority under D.C. law to promulgate the challenged gun laws, and we uphold as constitutional the prohibitions of assault weapons and of large-capacity magazines and some of the registration requirements. We remand the other registration requirements to the district court for further proceedings because the record is insufficient to inform our resolution of the important constitutional issues presented. | Federal | Civil | U.S. Court of Appeals for the District of Columbia Circuit | No. 10-7036 | LOSS / REMANDED |
| 2011 | Ezell v. Chicago
(Ezell I) |
The plaintiffs are entitled to a preliminary injunction against the firing-range ban. The harm to their Second Amendment rights cannot be remedied by damages, their challenge has a strong likelihood of success on the merits, and the City's claimed harm to the public interest is based entirely on speculation. | Federal | Civil | U.S. Court of Appeals, 7th Circuit | No. 10-3525 | REMANDED |
| 2011 | Dearth v. Holder
(Dearth I) |
...we conclude Dearth does have standing, we reverse the judgment of the district court and remand the case to the district court for further proceedings. ...We agree with Dearth that the Government has denied him the ability to purchase a firearm and he thereby suffers an ongoing injury. | Federal | Civil | U.S. Court of Appeals, District of Columbia Circuit | No. 10-3525 | REMANDED |
| 2010 | United States v. Chester | Chester ... [is] ... a domestic violence misdemeanant. Accordingly, we conclude that intermediate scrutiny is more appropriate than strict scrutiny for Chester and similarly situated persons. Accordingly, the government must demonstrate under the intermediate scrutiny standard that there is a “reasonable fit” between the challenged regulation and a “substantial” government objective. | Federal | Criminal | U.S. Court of Appeals, 4th Circuit | No. 09-4084 | REMANDED |
| 2010 | Kuck v. Danaher III | The procedures to renew a permit to carry a firearm are subject to procedural due process of law. | Federal | Civil | U.S. Court of Appeals, 2nd Circuit | 08-5368-cv | REMANDED |
| MCDONALD v. CHICAGO DEMARCATION 6/28/2010 | |||||||
| 2008 | Fiscal v. City and County of San Francisco | San Francisco's Handgun ban was wrong because it was preempted by state law. | California | Civil | California Court of Appeals, First District, Division Four. | 70 Cal.Rptr.3d 324 (2008) 158 Cal.App.4th 895 | SETTLED |
| 2002 | Silveira v. Lockyer | This was a challenge to the Roberti-Roos Assault Weapons Control Act (AWCA). The challenge failed because the 9th Circuit found that the Second Amendment does not confer and individual right to own and possess arms. The court did however invalidate a statutory exception with respect to retired peace officers; they can't purchase AW at retirement time. | Federal | Civil | U.S. Court of Appeals, 9th Circuit | 312 F.3d 1052 (2002) | SETTLED |
| 2001 | Harrot v. County of Kings | Trial courts cannot determine if a given firearm/receiver is a member of AR or AK “series”. Banned weapons in AR/AK “series” must be specifically banned by make and model, and the DOJ must promulgate these banned firearms . | California | Civil | California Supreme Court | 108 Cal.Rptr.2d 445 (2001) 25 Cal.4th 1138 25 P.3d 649 | SETTLED |
| 2000 | Kasler v. Lockyer | Challenged the Roberti-Roos Assault Weapons Control Act of 1989 - The case did not succeed because there is no RKBA in CA Constitution. | California | Civil | California Supreme Court | 97 Cal.Rptr.2d 334 (2000) 23 Cal.4th 472 2 P.3d 581 | SETTLED |
| 1999 | Edwards v. City of Goldsboro | Police chiefs can't stop their officers from performing carry license classes on the side. Officers are entitled to free speech and freedom of association. | Federal | Civil | U.S. Court of Appeals, 4th Circuit | 178 F.3d 231 (1999) | SETTLED |
| 1986 | CBS Inc. v. Block | Carry License Applications are public documents, therefore anyone may view them. | California | Civil | California Supreme Court | 42 Cal.3d 646 (1986) 725 P.2d 470 230 Cal. Rptr. 362 | SETTLED |
| 1984 | Guillory v. County of Orange | CA PC 12025 "Good cause" is subject to equal protections under the law. This case is also known as Guillory v. Gates | Federal | Civil | U.S. Court of Appeals 9th Circuit | 82-5062 | SETTLED |
| 1976 | Salute v. Pitchess | “[w]hile a court cannot compel a public officer to exercise his discretion in any particular manner, it may direct him to exercise that discretion.” The decision went on to declare that “[i]t is the duty of the sheriff to make such an investigation and determination, on an individual basis, on every application under section 12050.” | California | Civil | California Court of Appeals, Second District, Division Four. | 61 Cal. App. 3d 557 - Cal: Court of Appeals, 2nd Appellate Dist., 4th Div. 1976 | SETTLED |
How the Federal Courts work
Civil Cases
A federal civil case involves a legal dispute between two or more parties. To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and "serves" a copy of the complaint on the defendant. The complaint describes the plaintiff's injury, explains how the defendant caused the injury, and asks the court to order relief. A plaintiff may seek money to compensate for the injury, or may ask the court to order the defendant to stop the conduct that is causing the harm. The court may also order other types of relief, such as a declaration of the legal rights of the plaintiff in a particular situation. READ MORE HERE
The Appeals Process
The losing party in a decision by a trial court in the federal system normally is entitled to appeal the decision to a federal court of appeals. Similarly, a litigant who is not satisfied with a decision made by a federal administrative agency usually may file a petition for review of the agency decision by a court of appeals. Judicial review in cases involving certain federal agencies or programs — for example, disputes over Social Security benefits — may be obtained first in a district court rather than a court of appeals. In a civil case either side may appeal the verdict. A litigant who files an appeal, known as an "appellant," must show that the trial court or administrative agency made a legal error that affected the decision in the case. The court of appeals makes its decision based on the record of the case established by the trial court or agency. It does not receive additional evidence or hear witnesses. The court of appeals also may review the factual findings of the trial court or agency, but typically may only overturn a decision on factual grounds if the findings were "clearly erroneous." Appeals are decided by panels of three judges working together. The appellant presents legal arguments to the panel, in writing, in a document called a "brief." In the brief, the appellant tries to persuade the judges that the trial court made an error, and that its decision should be reversed. On the other hand, the party defending against the appeal, known as the "appellee," tries in its brief to show why the trial court decision was correct, or why any error made by the trial court was not significant enough to affect the outcome of the case. Although some cases are decided on the basis of written briefs alone, many cases are selected for an "oral argument" before the court. Oral argument in the court of appeals is a structured discussion between the appellate lawyers and the panel of judges focusing on the legal principles in dispute. Each side is given a short time — usually about 15 minutes — to present arguments to the court. The court of appeals decision usually will be the final word in the case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the U.S. Supreme Court to review the case. In some cases the decision may be reviewed en banc, that is, by a larger group of judges (usually all) of the court of appeals for the circuit. A litigant who loses in a federal court of appeals, or in the highest court of a state, may file a petition for a "writ of certiorari," which is a document asking the Supreme Court to review the case. The Supreme Court, however, does not have to grant review. The Court typically will agree to hear a case only when it involves an unusually important legal principle, or when two or more federal appellate courts have interpreted a law differently. There are also a small number of special circumstances in which the Supreme Court is required by law to hear an appeal. When the Supreme Court hears a case, the parties are required to file written briefs and the Court may hear oral argument. READ MORE HERE
The Supreme Court of the United States of America
The United States Supreme Court consists of the Chief Justice of the United States and eight associate justices. At its discretion, and within certain guidelines established by Congress, the Supreme Court each year hears a limited number of the cases it is asked to decide. Those cases may begin in the federal or state courts, and they usually involve important questions about the Constitution or federal law. The Supreme Court is the highest tribunal in the nation for all cases and controversies arising under the Constitution or the laws of the United States. The Court stands as the final arbiter of the law and guardian of constitutional liberties. READ MORE HERE
Map of the Federal Circuit Courts
External Resources
- The Firing Line Forum - Al Noris's thread on active 2A litigation
- Maryland Shooters Forum- Our friends at Maryland Shooters have an active thread on Post-McDonald 2A litigation.
- Wikipedia - Second Amendment to the United States Constitution Lots of good reading on 19th and 20th century U.S. Supreme Court decisions.
- LCAV - Summary of Second Amendment Case Law - Federal Appellate Cases (Mostly Appeals from criminal cases that are not too interesting)
- LCAV - Updated September 2012 Significant Ongoing Civil Second Amendment Post-Heller Lawsuits (See Appendix A, at the end of the document for an objective list of cases)
- PACER - Public Access to Court Electronic Records is an electronic fee-based public access service that allows users to obtain case and docket information from federal appellate, and district courts.
- RECAP - The RECAP Archive Access to millions of U.S. Federal District and Bankruptcy Court documents, without charge.
About this Page
This page is a work in progress. It may be further developed to separate "current litigation" into three tables. One table for litigation that directly affects California, another table for "persuasive case law" (outside the Ninth Circuit Court of Appeals), and "Other Litigation" for all other noteworthy litigation.
What this page should not ever be is a universal place to keep track of the hundreds of 2A cases currently in motion in the United States.
