Last Updated June 4, 2021

The gun lobby won’t stop pushing its radical interpretation of the Second Amendment in the courts. But we have common sense and evidence on our side, and we’re not backing down.

Our litigation experts track gun safety cases moving through courts across the country to keep you up to date on the latest legal developments. Second Amendment Courtwatch is an in-depth resource on Second Amendment litigation, a fast-evolving area of constitutional law since the Supreme Court’s landmark decision in DC v. Heller in 2008.

Our regular updates highlight legal victories for the gun violence prevention movement and detail the gun lobby’s dangerous litigation in courts across the country. We break down the latest developments in key gun policy cases making their way through the courts, tracking the status and deadlines of major cases. Courtwatch is an invaluable tool for those interested in filing an amicus brief, getting involved in a gun safety case, or reporting on gun laws and the Second Amendment.

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Our experts can speak to the full spectrum of gun violence prevention issues. Have a question? Email us at media@giffords.org.

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Tracking the Latest Cases

Among other cases, our experts are monitoring two important lawsuits where gun lobby–backed challengers are requesting review by the Supreme Court: Ass’n of New Jersey Rifle and Pistol Clubs v. Grewal and Young v. Hawaii. We are also closely monitoring NYSRPA v. Corlett, the first major Second Amendment case the Court will hear in over a decade. Each of these cases has the potential to yield a radical Second Amendment ruling that jeopardizes future gun violence prevention progress. 

The Supreme Court agrees to hear its first major Second Amendment case in over a decade.

On April 26, 2021, the Supreme Court announced it will hear NYSRPA v. Corlett, its first major Second Amendment case since Justice Amy Coney Barrett joined the Court. Since the Court decided District of Columbia v. Heller in 2008, the justices have largely avoided cases implicating the Second Amendment. This new case, known as Corlett or NYSRPA II, involves a challenge to a New York state law that requires New York residents to demonstrate “proper cause” for a concealed carry license. This case is the first Second Amendment case the Court has taken since the appointment of Justice Barrett, who is likely to shift the balance against gun safety laws. For more information on Corlett, read our press release with a statement on the case from our litigation director, Hannah Shearer, or see coverage in the Washington Post, New York Times, CNN, Mother Jones, and The Hill.

An en banc panel of the Ninth Circuit will hear a challenge to California’s large capacity magazine ban in late June.

On June 22, 2021, the Ninth Circuit, sitting en banc, will hear arguments in Duncan v. Becerra, a challenge to California’s large capacity magazine ban. On August 14, 2020, a three-judge Ninth Circuit panel found California’s large capacity magazine ban unconstitutional, an outlier ruling contradicted by every other federal appeals court to consider the constitutionality of magazine restrictions. En banc review gives the Ninth Circuit another opportunity to find California’s large capacity magazine ban constitutional, as nearly every other court has done. Giffords Law Center filed an amicus brief when the case was before the three-judge panel and another amicus brief urging the Ninth Circuit to hear the case en banc.

There is a possibility for rehearing en banc in a challenge to the ATF’s rule banning bump stocks.

On April 26, 2021, ATF filed for the Sixth Circuit to rehear its case en banc in Gun Owners of Amer. v. Garland. A three-judge panel of Sixth Circuit judges previously found that the challengers were likely to succeed in their challenge to ATF’s rule banning bump stocks, and ATF is now challenging that decision.

SPOTLIGHT

GUNS & DEMOCRACY

The use of guns to intimidate and threaten voters, elected officials, and peaceful demonstrators poses a serious threat to our democracy. We’ve gathered resources on the deadly connection between guns and extremism, and how to stop it.

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Licensing & Background Checks

Libertarian Party v. Cuomo (Cert Stage)

Challenge to New York pistol licensing and concealed carry licensing laws. (S. Ct. No. 20-1151; 2d Cir. No. 18-386)

• Case Status: Docket available here. On 2/9/21, a petition for writ of certiorari was filed (on 2nd Cir. docket, notice was received on 2/23/21). The response is due 3/25/21. On 3/9/21, the Libertarian Party of Erie County filed a supplemental brief addressing whether courts can properly evaluate Second Amendment claims without acknowledging the “true purpose” to deter government tyranny. On 5/25/21, Respondents filed their brief in opposition, and on 5/25/21, Petitioners filed their reply brief. Set to be distributed for conference on 6/17/21.
• Lower Court Outcome: Dismissed the appeal in part as moot and affirmed. On 8/11/20, the court affirmed the district court ruling upholding the challenged laws under intermediate scrutiny and dismissing plaintiffs with moot claims. On 10/1/20, appellants’ en banc petition was denied. On 10/8/20, the mandate was issued.
• Trial Court Outcome: Trial court ruled for defense, rejected Second Amendment challenges.

Maryland Shall Issue v. Hogan 

Challenge to Maryland Handgun Qualification Law (license-to-possess). (D. Md. No. 16-cv-03311; 4th Cir. No. 19-1469)

• Case Status: On 11/25/20, Defendants filed their motion for summary judgement. On 12/3/20, Everytown filed their amicus brief. On 1/27/21, Plaintiffs filed a motion to strike opinions of Defendants’ experts. On 1/28/21, Plaintiffs filed their cross motion for summary judgement. On 4/20/21, the court granted Defendants’ consent motion for extension of time to respond to Plaintiffs’ motion to strike Defendants’ experts. On 5/6/21, Defendants submitted their reply in support of their motion to strike.
• Prior Proceedings: After the district court granted summary judgment to defendants, the 4th Circuit affirmed in part and reversed in part and remanded. 4th Cir. held that the district court erred in holding that appellant Atlantic Guns lacked independent standing to bring a Second Amendment claim and third-party standing to challenge the HQL requirement on behalf of potential customers. Affirmed the district court’s decision that the individual Plaintiffs lack standing to pursue a facial vagueness challenge.

People v. Brown 

Challenge to Illinois FOID firearm licensing law, brought by criminal defendant. (White Cty. Cir. Ct.)

• Case Status: On remand, defendant reasserts her constitutional challenge to the FOID law under Illinois S.Ct. Rule 19, and this time does not assert a statutory challenge. There was a motion hearing on the constitutional issue on 7/7/20. On 4/26/21 the Circuit Court held that FOID was unconstitutional as applied to the defendant. 
• Prior Proceedings: A different (now retired) trial court judge previously held FOID law violated Second Amendment as-applied to defendant who “possessed a gun, in her house, for the purpose of self-defense.” Also held it is impossible to comply with statutory requirement to have FOID card on person. Case was appealed and on 4/2/20, the Illinois S. Ct. held the trial court should not have reached the Second Amendment question in light of alternate holding and remanded for further proceedings. 

Guns Save Life, Inc. v. Raoul 

NRA-backed challenge to Illinois FOID firearm licensing law. (Ill. state court—Sangamon Cnty. Cir. Ct. No. 2019 CH 000180)

• Case Status: Docket available here. Defendants’ Motion to Dismiss granted with prejudice. The stay was lifted on 4/30/20. Defendants filed a motion to dismiss the complaint on 5/29/20; Plaintiffs filed their response and a motion for summary judgment on 7/15/20. Hearing was on 9/22/20. On 11/17/20, Plaintiff filed an amended complaint. On 12/1/20, Plaintiff filed a motion to continue motion for summary judgement. On 12/29/20, Plaintiff filed a motion for summary judgement. On 2/19/21, Defendant filed a motion to dismiss the amended complaint. On 4/7/21, Plaintiff filed a response in opposition to Defendant’s motion. On 4/23/21, Defendant filed a motion to dismiss. On 5/5/21, Defendant filed a notice of hearing. On 5/19/21, Plaintiff filed a subpoena for deposition.

Riggs v. City of Chicago 

Challenge to Illinois FOID firearm licensing law under the Second Amendment and Due Process Clause. (N.D. Ill. No. 21-cv-01686)

• Case Status: Complaint filed on 3/29/21. Parties are to file a joint status report by 6/8/21.

Basset v. Slatery

Challenge to Tennessee’s permitless carry law brought by individuals between the age of eighteen and twenty. (E.D. Tenn. No. 21-CV-00152)

• Case Status: Complaint filed on 4/22/21.

Gun Owners of America v. Philadelphia 

Challenge to Philadelphia law prohibiting the creation of 3D printed firearms and components without a federal license. (No. [TK] Philadelphia County)

• Case Status: Complaint filed on 5/11/21.

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Guns in Public

NYSRPA v. Corlett (Cert Granted)

Challenges to New York concealed carry licensing law (relitigating Kachalsky). (S. Ct. No. 20-843; 2d Cir. No. 19-156)

• Case Status: Docket available here. Petition granted on 4/26/21 limited to the following question: Whether the State’s denial of petitioners’ applications for concealed-carry licenses for self-defense violated the Second Amendment. On 5/7/21, Petitioners requested an extension of time for the merit briefs and the joint appendix for both parties. Petitioners proposed their brief and joint appendix be due 7/2/21, and Respondents brief due 8/23/21, which the Court granted on 5/11/21. On 12/17/20, the Appellants filed a writ of certiorari to the U.S. Supreme Court. On 1/11/21, the Court granted a motion to extend the time to file a response which is now due on 2/22/21. On 1/21/21 and 1/22/21, amicus briefs were filed by Firearms Policy Coalition, Korte Enterprises LLC, the State of Missouri, and Law Enforcement Groups and State and Local Firearms Rights Groups. On 2/12, an amicus brief was filed by Neal Goldfarb in support of Respondents. On 2/22, Respondents filed their brief in opposition. On 3/10/21, Petitioners filed their reply brief. Distributed for conference on 4/23/21.
• Lower Court Outcome: The 2d Cir. affirmed the District Court ruling which dismissed the plaintiffs Section 1983 action alleging that NY’s proper cause requirement for concealed carry was unconstitutional. Mandate issued on 9/16/20. District court granted motion to dismiss.

Young v. Hawaii (Cert Stage)

Challenge to Hawaii open carry law. (S. Ct. No. 20-1639; 9th Cir. No. 12-17808)

• Case Status: On 5/11/21, the petition for writ of certiorari was filed. Response is due 6/24/21.
• Lower Court Outcome:Affirmed the district court’s dismissal of a challenge to Hawaii’s open carry licensing scheme on 3/24/21. Dissents by Judges O’Scannlain and R. Nelson. Mandate issued on 4/15/21. En banc oral argument was heard on 9/24/20 before Judges Thomas, O’Scannlain, McKeown, Wardlaw, W. Fletcher, Clifton, Bybee, Callahan, Ikuta, Friedland, and R. Nelson. Panel invalidated law; en banc court vacated panel decision.

Call, et al. v. Jones III, et al. (Held in Abeyance Pending NYSRPA v. Corlett)

Second Amendment challenge to Maryland concealed carry permit law and “good and substantial reason” requirement. (4th Cir. No. 21-1334; D. Md. No. 20-cv-03304)

• Case Status: On 3/26/21, Plaintiffs filed a notice of appeal to the Fourth Circuit in response to the order dismissing their complaint. On 5/10/21, the court ordered the case be held in abeyance pending Corlett.
• Lower Court Outcome: Complaint filed 11/13/20. On 12/7/20, Defendants filed a motion to dismiss. On 3/19/21, the court denied Everytown and Giffords Law Center’s motions for leave to file amicus briefs. 

Bennett v. Davis (Held in Abeyance Pending NYSRPA v. Corlett)

Second Amendment challenge to New Jersey good-cause concealed carry permit law. (D. N.J. No. 20-cv-15406)

• Case Status: Complaint filed 11/2/20. On 4/22/21, the court granted Defendants’ motion to extend time to answer, set for 5/10/21.

Mo. ex rel Schmitt v. Choi & Curators of Univ. of Mo. 

Missouri statutory and constitutional challenges to Univ. of Missouri campus gun ban. (Mo. SC98992; Mo. Ct. App. Western Dist. No. WD83427)

• Case Status: Docket available here.Affirmed and reversed in part. On 3/15/21, Plaintiff filed a notice to appeal/transfer to the SC. On 3/29/21, the SC issued an order allowing leave to file suggestions in support of application for transfer for Appellants. Freedom Center of Missouri’s suggestions in support of application for transfer filed as amicus curiae. On 4/27/21, Respondents filed suggestions in opposition to the AG’s application for transfer.
• Lower Court Outcome: Appeals court found that the university rule survived strict scrutiny as required by the Missouri Constitution to the extent that the Rule was not preempted. The court reversed the portion of the trial court’s ruling that found the Rule was not preempted. Trial court upheld university rule after bench trial. 

Wade v. University of Michigan 

Second Amendment challenge to Univ. of Michigan campus gun ban. Docket available here.(Mich. S. Ct. No. 156150)

• Case Status: State supreme court review granted 11/6/20 in this order. On 1/4/21, Appellant submitted their brief. On 1/27/21, an amicus brief was filed by Gun Owners of America, Inc and Gun Owners Foundation. Amicus briefs have been filed by Gun Owners of America, Inc, Gun Owners Foundation, Giffords Law Center, Brayd, Team ENOUGH, and American Association of University Professors, Everytown, March for Our Lives, Second Amendment professors, and the Firearms Policy Coalition and Firearms Policy Foundation. 
• Lower Court Outcome: University rule upheld against preemption, Second Amendment challenge.

Greco v. City of New York 

Second Amendment challenge to NYC implementation of New York good-cause concealed carry permit law. (S.D.N.Y. No. 20-cv-09265)

• Case Status: Complaint filed 11/4/20. On 12/15/20, the summons were issued to Defendants. On 1/5/21, Plaintiffs submitted their amended complaint with a jury demand, and on 2/19/21, Defendants answered the amended complaint. Discovery is due on 8/9/21, and any motions are due by 8/23/21. On 6/3/21, the court granted Defendants’ proposed protective order. 

Flanagan v. Becerra and Nichols v. Newsom (Stayed Pending Young v. Hawaii—En Banc Case)

Challenges to California open carry law. (Flanagan v. Becerra: 9th Cir. No. 18-55717. Nichols v. Newsom: 9th Cir. No. 14-55873.)

• Case Status: Flanagan and Nichols are stayed pending resolution of Young. 
• Lower Court Outcomes: Both challenges rejected below.

Livingston v. Ballard 

Challenge to Hawaii’s open/concealed carry permitting laws. (D. Haw. No. 19-cv-157)

• Case Status: Stayed pending resolution of Young. On 3/25/21, Defendants filed a notice of significant developments given the 9th Cir. decision in Young and that Plaintiff-Appellant from Young announced they intend to seek Supreme Court review. On 4/12/21, the court recognized the en banc opinion in Young, and the case remains stayed and administratively closed pending the mandate in Young.

Yukutake v. Connors 

Second Amendment challenge to Hawaii registration and permitting laws. (D. Hawaii No. 19-CV-578)

• Case Status: Previously stayed pending resolution of Young. On 3/25/21, the district court lifted the stay in the case and administratively reopened the case. Status conference was held on 4/6/21. On 4/12/21, Defendants filed their answer to the amended complaint. On 4/28/21, Plaintiffs filed a motion for summary judgment and the hearing is scheduled for 6/28/21 at 10 a.m. On 5/20/21, the court held a telephone conference and continued the jury trial from 7/13/21 to 2/23/22 at 8:30 a.m. On 5/28/21, Defendant filed a counter motion for summary judgment. Hearing on motion set for 6/28/21 at 10:00am. On 6/4/21, Everytown filed a motion for leave to file an amicus brief.

LITIGATION

THE COURTS

Explore our work defending lifesaving gun laws in the courts and fighting to debunk the gun lobby’s dangerous arguments about the Second Amendment.

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Hardware

Ass’n of New Jersey Rifle & Pistol v. Grewal (Cert Stage)

Second Amendment and Takings Clause challenge to New Jersey LCM possession ban. (S Ct. No. 20-1507; 3d Cir. No. 19-3142)

• Case Status: Docket available here.Cert petition was filed on 4/26/21. Response is due 5/28/21. Amicus briefs have been filed by California Rifle & Pistol Association with Gun Owners of California and Second Amendment Law Center, Mountain States Legal Foundation’s Center to Keep and Bear Arms, the National Shooting Sports Foundation, and the State of Arizona.
• Lower Court Outcome: The 3d cir. affirmed the District Court’s decision granting the State’s motion for summary judgement. On 9/15/20, appellants filed an en banc petition, supported by numerous amicus briefs. On 10/30/20, Appellants submitted their response to the petition for rehearing. On 11/25/20, the petition for rehearing en banc was denied. Judges Jordan, Hardiman, Bibas, Porter, Matey, and Phipps would have granted the petition. Mandate was issued on 12/3/20. District court denied plaintiff’s PI motion and 3d Circuit affirmed. District court then granted State’s motion for summary judgment and denied Plaintiff’s cross-motion to stay pending resolution of NYSRPA. 

Maryland Shall Issue v. Hogan (Cert Stage)

Takings Clause, due process and statutory challenge to Maryland trigger activator ban. (S Ct. No. 20-855; 4th Cir. No. 18-2474)

• Case Status:Docket available here.Petition denied on 5/3/21. Cert petition was filed on 12/20/20, here. On 1/4/21, the Court granted the motion to extend the time to file, and the response is now due on 3/29/21. Amicus briefs were submitted by The Cato Institute, Firearms Policy Coalition, and David Codrea, Scott Heuman, and Owen Monroe. On 3/29/21, Respondent filed its brief in opposition. On 4/12/21, Petitioners submitted their reply. Distributed for Conference on 4/30/21.
• Lower Court Outcome: 4th Circuit affirmed dismissal of all claims on 6/29/20. On 7/27/20, the court denied the appellants’ motion for rehearing and rehearing en banc. On 8/4/20, the mandate was issued. 

Duncan v. Becerra (En Banc Case)

Second Amendment, Takings Clause challenge to California LCM ban. (9th Cir. No. 19-55376, S.D. Cal. No. 17-01017)

• Case Status: On 2/25/21, the case was ordered to be reheard en banc, and the panel opinion was vacated. Judges Owens and Bress did not participate in the deliberations or vote on the case. The 9th Cir. affirmed the district court’s decision finding California’s LCM ban unconstitutional on 8/14/20. On 8/28/20, appellant filed a petition for rehearing en banc, and appellees filed their response on 9/18/20. Numerous amicus briefs have been filed. On 3/22/21, the court granted Defendant-Appellant’s request for supplemental briefing due by 5/14/21; reply briefs due by 6/1/21. Amicus briefs have been filed by Gun Owners of America, National Shooting Sports Foundation (resubmitted after struck for being too long), the Firearms Policy Coalition, and the State of Arizona joined by 21 other states. Oral argument is scheduled for 6/22/21 at 9:30 a.m. PST. On 5/7/21, Appellees filed a letter notifying the court about Corlett and suggesting the court may want to hold Duncan in abeyance. Both parties have filed supplemental briefs. Oral argument is scheduled for 6/22/21 at 9:30 am PST.
• Lower Court Outcome: District court granted permanent injunction, finding LCM regs unconstitutional in entirety; a week later he stayed part of ruling but possession ban remains enjoined. 9th Cir. previously affirmed PI order applying only to possession ban, by a 2–1 vote. 

Rupp v. Becerra (Held in Abeyance Pending Duncan v. Becerra—En Banc Case)

Second Amendment, other challenges to California assault weapon restrictions and registration. (9th Cir. No. 19-56004)

• Case Status: The appeal is held in abeyance pending the resolution of the en banc proceedings in Duncan. The case is vacated until further order of the case. Judge Bumatay dissented from the order. Oral argument heard on 10/8/20 before Judge Hurwitz, Bress, and Bumatay. 
• Lower Court Outcome: District court granted State’s motion for summary judgment and upheld the assault weapon restrictions. 

Gun Owners of Amer. v. Garland 

APA challenge to ATF rule banning bump stocks. (6th. Cir. No. 19-1298) 

• Case Status: Reversed and remanded. On 5/11/21, Appellees filed a petition for rehearing en banc. On 5/24/21, the court sent a letter to Appellants directing them to respond to the petition by 6/7/21. The Sixth Circuit disagreed with the lower court’s application of Chevron deference, held that the ATF’s Final Rule was not the best interpretation of § 5845(b), and found that Plaintiffs-Appellants were likely to prevail on the merits and their motion for an injunction should have been granted. Judges Batchelder wrote the majority opinion and was joined by Judge Murphy. Judge White wrote a dissent and found that Chevron could apply to laws with criminal applications. Appellants appeal the district court’s denial of their PI motion (1:18-cv-01429). Appeal is fully briefed, and 6th Cir. heard oral argument on 12/11/19. Audio here.

Modern Sportsman, et al. v. United States; companion case McCutchen v. United States

Takings Clause challenge to ATF rule banning bump stocks, brought by former bump stock sellers and individual owners seeking compensation. (Modern Sportsman, et al. v. United States: Fed. Cir. No. 20-1107. McCutchen v. United States: Fed. Cir. No. 20-1188)

• Case Status: Oral argument heard on 12/8/20 and submitted to panel: Wallach, Taranto, and Chen. Audio here.
• Lower Court Outcome: Lower court granted defense motion to dismiss on 10/23/20.

Miller v. Becerra 

Second Amendment challenge to California’s assault weapons ban. (S.D. Cal. No. 19-cv-1537)

• Case Status: Plaintiffs’ PI motion and def.’s partial motion to dismiss are fully briefed. On 12/14/20, Defendants filed their answer to the amended complaint. On 1/13/21, Defendants filed a motion seeking an order in limine to preclude or limit Plaintiffs’ proffered testimony at trial. On 1/27/21, both parties submitted trial briefs and their proposed findings of fact. Bench trial was held on 2/5/21. Plaintiffs filed an objection to the use of two exhibits: one by the Violence Policy Center and the other by Brady Center to Prevent Gun Violence. Defendants’ response argues the deadline for objections has passed. Judge Benitez ordered Defendants to “adduce for the years 2020 and 2021: a. The total number of firearms sold in the state with background checks; b. If ascertainable, the total number of rifles, shotguns, semi-automatic pistols, and revolvers sold within the state with background checks; c. If ascertainable, the number of first-time buyers of a firearm in the state” by 3/15/21. On 3/15/21, Defendants responded to the order. On 5/11/21, the parties received notice of filing of the official transcript from the two days of trial on 2/3/21 and 2/5/21.

Renna v. Becerra 

Second Amendment challenge to 2020 amendments to California Unsafe Handgun Act. (S.D. Cal. No. 20-cv-02190)

• Case Status: Complaint filed 11/10/20, followed by opposed notice to relate case to Duncan, Miller and Rhode. On 1/5/21, summons were issued as to the first amended complaint. On 1/25/21, Defendant filed a motion to dismiss for failure to state a claim. On 2/15/21, Plaintiffs filed a response in opposition to the motion to dismiss. Status conference held on 3/12/21 in light of Duncan. On 4/23/21, the court granted in part and denied in part Defendants’ motion to dismiss. On 5/14/21, Defendants filed their answer to the amended complaint. On 5/14/21, Defendants filed their answer to the amended complaint.

Ross, et al. v. Mellekas 

Second Amendment challenge to Connecticut LCM load restrictions (limited to loading 10 rounds in 15-round magazines). (D. Conn. No. 20-CV-319)

• Case Status: Defense motion to dismiss organizational plaintiffs is fully briefed; discovery is ongoing and rescheduled to close on 2/11/21. Plaintiffs’ expert reports are to be disclosed by 1/15/21. Parties’ joint motion to modify the schedule order was granted and discovery is due by 6/12/21; dispositive motions are due by 7/12/21; trial ready date is set for 1/12/21. On 4/16/21, the court dismissed Defendants’ motion to dismiss for lack of jurisdiction. On 6/2/21, the court granted Defendants’ motion to compel and instructed Plaintiffs to respond by 9/25/21.

Rainier Arms, et al. v. ATF 

Second Amendment and Administrative Procedure Act challenges to ATF’s regulatory guidance for pistol braces. (N.D. Tex., No. 21-cv-00116)

• Case Status: Summons have been returned by ATF, DOJ, U.S. Attorney, and U.S. AG. On 2/26/21, Plaintiffs filed a motion for leave to file without local counsel. Defendants must produce the administrative record by 4/9/21. Plaintiffs’ motion for summary judgment is due 5/21/21; Defendants’ cross-motion is due by 7/9/21. On 4/30/21, Defendants notified the court about the President’s order that DoJ initiate rulemaking about pistol braces within 60 days on 4/7/21, and the parties are conferring over the announcement’s implication for the case. On 5/21/21, Defendants filed a consent motion to stay the case in order to “allow Defendants to undertake issuing the proposed rule.” On 5/24/21, the court granted the agreed motion to stay and vacated all pending deadlines. Parties are to file a joint status report by 6/14/21.

AMICUS BRIEFS

Time and again, courts have ruled that the Second Amendment is fully compatible with a wide range of gun safety laws. Giffords Law Center and our partners frequently draft and submit amicus curiae—or “friend of the court”—briefs in cases challenging lifesaving gun laws.

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Gun Access

Kenneth E. Flick v. Merrick B. Garland (Cert Stage)

Challenge to 922(g)(1) brought by a petitioner convicted of a criminal copyright violation and for smuggling counterfeit cassette tapes in 1987. (S. Ct. No. 20-902; 11th Cir. No. 19-11433)

• Case Status: Docket available here. Petition denied on 4/19/21. Cert. petition filed on 12/29/20. Amicus briefs were filed by the Firearms Policy Coalition, the Mountain States Legal Foundation’s Center to Keep and Bear Arms, and the Cato Institute. On 3/8/21, Respondent filed its brief in opposition. On 3/22/21, Petitioner filed their reply brief.
• Lower Court Outcome: 11th Cir. denied petition for rehearing en banc on 10/21/20.

Folajtar v. Barr (Cert Stage)

As-applied Second Amendment challenge to 18 U.S.C. § 922(g)(1) brought by plaintiff with nonviolent felony conviction. (S Ct. No. 20-812; 3d Cir. No. 19-1687)

• Case Status: Docket available here. Petition denied on 4/19/21.On 12/11/20, Appellants filed a petition for writ of certiorari to the US Supreme Court. Amicus briefs have been filed by the Firearms Policy Foundation, California Gun Rights Foundation, Second Amendment Foundation, and the Madison Society Foundation (here), the American Constitutional Rights Union, the Cato Institute, the Mountain States Legal Foundation’s Center to Keep and Bear Arms, and Neal Goldfarb. On 3/17/21, Respondent AG Merrick Garland submitted a brief in opposition. On 3/30/21, Petitioner submitted its reply brief. Distributed for conference on 4/16/21.
• Lower Court Outcome: On 11/24/20, a divided panel affirmed and rejected the as-applied constitutional challenge, determining felony tax fraud to be a serious offense under Binderup. Judge Bibas dissented and would have held that the 922(g)(1) firearm prohibition is only constitutional when applied to persons shown to be dangerous. The district court rejected the as-applied challenge. 

Torres v. United States (Cert Stage) 

As-applied challenge to 922(g)(1) brought by a pro se petitioner convicted of violating the felon-in-possession law. (S. Ct. No. 20-5579; 9th Cir. No. 15-10492)

• Case Status: Docket available here. Petition denied on 12/14/20.Cert. petition filed 6/22/20. On 10/1/20, Firearms Policy Coalition filed an amicus brief in support of the petitioner. On 11/6/20, the United States submitted its opposition brief. On 11/23/20, Petitioner filed his reply. Set to be distributed for conference on 12/11/20.

Hirschfeld v. Bureau of Alcohol, Tobacco & Firearms 

Challenge to federal minimum age restriction. (4th Cir. No. 19-2250)

• Case Status: Oral argument was heard on 10/30/20; Brady and Giffords Law Center participated. On 12/4/20, Giffords Law Center submitted supplemental authorities. On 3/11/21, AG Merrick Garland was substituted for Robert M. Wilkinson.
• Lower Court Outcome: District court granted defense motion to dismiss on 10/4/19. 

Jones v. Becerra

Challenge to CA minimum age law. (9th Cir. No. 20-56174; C.D. Cal. No. 19-CV-1226)

• Case Status: On 12/4/20, Appellants filed their opening brief and excerpts of record. The case is fully briefed. On 1/26/21, an amicus brief was filed by IL, CT, DE, DC, HI, MD, MA, MI, MN, NJ, NM, NY, OR, PA, RI, VE, VI, and WA. An amicus brief was also submitted by GLC, Brady, AFT and California Federation of Teachers. Everytown also submitted an amicus brief. On 1/28/21, NEA also submitted an amicus brief. On 3/26/21, parties were ordered to file supplemental briefing addressing 1) the original public meaning of “a well regulated militia,” “the right of the people,” and “shall not be infringed,” 2) how the tool of corpus linguistics can inform the original public meaning, and 3) how does the data yielded from corpus linguistics assist in the interpretation of the age-based restrictions under the Second Amendment; briefs due on 4/23/21. On 4/20/21, Appellants filed their supplemental brief. On 4/21/21, Appellees filed their supplemental brief. Motion by Neal Goldfarb for leave to file reply brief as amicus curiae was denied. Oral argument held in Pasadena on 5/12/21 at 9am before Nelson, Lee, and Stein (S.D.N.Y.), recording available, here.
• Lower Court Outcome: On 11/3/20, the court denied Plaintiffs’ motion for preliminary injunction. On 11/6/20, Plaintiffs filed their notice of appeal to the 9th Circuit.

Lara v. Evanchick

Challenge to Pennsylvania’s Uniform Firearms Act and PA’s minimum age requirement laws under the Second Amendment. (3d Cir. No. 21-1832; W.D. Pa. No. 20-CV-01582)

• Case Status: On 4/23/21, Appellant filed a notice of appeal to the Third Circuit. Appellants’ brief is due on or before 6/23/21.
• Lower Court Outcome: On 4/16/21, the district court granted Defendants’ motion to dismiss and dismissed Plaintiffs’ complaint with prejudice.

Williams v. Garland

As-applied challenge to 922(g)(1) brought by a person convicted of a DUI misdemeanor and given the mandatory minimum sentence, house arrest for ninety days. (3d Cir. No. 19-02694; E.D. Pa. No. 17-cv-02641)

• Case Status: Notice of appeal filed on 7/23/19. Following the Supreme Court’s denial of cert in Holloway v. AG, the court reinstated the briefing schedule. On 5/28/21, Appellant filed their brief and appendix. On 6/2/21, volumes II-V of the joining appendix were sealed.
• Lower Court Outcome: Plaintiff’s motion for summary judgment was denied, and Defendant’s motion for summary judgment was granted on 4/1/19.

MINIMUM AGE CHALLENGES PENDING IN DISTRICT COURTS

NRA v. Fla. AG 

Challenge to Florida minimum age law. Defendants’ motion for summary judgment is fully briefed. (N.D. Fla. No. 18-cv-00137)

• Case Status: On 5/1/20, the district court denied defense motion to dismiss the Second Amendment claim. The trial set for 1/11/21 has been cancelled because of the pandemic.

Mitchell v. Atkins 

Commerce clause challenge to WA law prohibiting sale of semiautomatic rifles to out-of-state residents, and Second Amendment challenge to minimum age provision. (9th Cir. No. 20-35827, W.D. Wash. No. 19-cv-05106)

• Case Status: Case is fully briefed. Amicus briefs have been submitted by IL, CA, CT, DE, D.C., HI, ME, MD, MA, MI, MN, NJ, NM, NY, OR, PA, RI, VT, and VA, and Giffords Law Center and Brady, and Everytown. On 4/20/21, Appellees notified the court of Young which supports affirming the district court decision. On 5/17/21, Appellants submitted their reply brief.
• Lower Court Outcome: Granted defendants’ cross motion for summary judgment and dismissed the plaintiffs’ complaint with prejudice on 8/31/20.

Reese v. DOJ 

Challenge to federal handgun minimum age law. (W.D. La. No. 20-cv-01438)

• Case Status: Complaint filed on 11/6/20. On 4/15/21, Defendants filed a motion to dismiss for lack of jurisdiction, failure to state a claim, and a motion for summary judgment. On 4/26/21, the court granted Giffords Law Center leave to file an amicus brief. On 5/6/21, Defendants filed an unopposed motion to withdraw their motion to dismiss for lack of jurisdiction, failure to state a claim, and motion for summary judgment. On 5/27/21, Defendants filed a motion to dismiss for lack of jurisdiction, failure to state a claim, and an alternative motion for summary judgment. On 6/3/21, Giffords Law Center filed an unopposed motion for leave to file an amicus brief, which was granted and the brief was filed on 6/4/21.

Suarez, et al. v. Evanchick

Challenge to Pennsylvania and Federal Misdemeanor Firearm Prohibitions brought by Binderup, Suarez, and Miller. (M.D. Pa. No. 21-cv-00710)

• Case Status: Complaint and motion for summary judgment filed on 4/16/21. On 4/22/21, the court denied Plaintiffs’ motion for summary judgment as premature and without prejudice. Case management conference set for 7/15/21.

POST-HELLER LITIGATION

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COVID-19 Lawsuits

McCarthy, et al. v. Baker, et al. 

Challenge to Governor Baker’s Order No. 13, which orders the closure of all non-essential businesses, and does not provide an exception for firearms dealers. (D. Mass., No. 20-CV-10701)

• Case Status: On 5/7/20, the court granted a preliminary injunction of Governor Baker’s Order as applied to gun stores. On 6/8/20, the State filed a notice that the Governor rescinded Order No. 13 in light of “sustained trend of improvement in public health data.” On 9/23/20, Plaintiffs filed a motion for summary judgement. On 10/19/20, Defendants filed a cross-motion for summary judgement. Hearing on all pending motions occurred on 12/17/20. Plaintiffs filed a supplemental memorandum in support of their motion for summary judgement addressing organizational standing.

Dark Storm Industries, et al. v. Cuomo, et al. 

Challenge to Governor Cuomo’s Executive Order 202.6 ordering the closure of non-essential businesses, and the Order’s application to gun stores, which classifies as essential only firearm sales to law enforcement and military. (2d Cir., No. 20-2725; N.D.N.Y., No. 20-CV-360)

• Case Status: On 8/7/20, Plaintiffs filed a notice of appeal seeking review by the 2nd Circuit, who was notified on 8/14/20. Appellants filed their brief, two volumes of appendices, and a special appendix. Appellees’ brief is due 2/19/21. On 12/7/20, the appeal was dismissed for Appellants’ failure to file their brief and appendix, and Appellants moved to reinstate the appeal on 12/19/20. On 12/28/20, the court granted the motion to reinstate the appeal. On 3/29/21, Appellees filed their brief and submitted a request for oral argument. As of 4/9/21, both parties have filed their oral argument statement. Proposed case calendaring for the week of 8/23/21.
• Lower Court Outcome: On 7/8/20, the judge granted summary judgment for Defendants.

McDougall v. Ventura County; companion case Brandy, et al. v. Villanueva, et al.

Challenge to California, Ventura, and Los Angeles Counties’ COVID-related emergency orders, including Second Amendment and 42 U.S.C.A. § 1983 challenges to gun store closures. (McDougall v. Ventura County: 9th Cir., No. 20-56220; C.D. Cal., No. 20-CV-2927. Brandy, et al. v. Villanueva, et al.: C.D. Cal., No. 20-CV-02874.) 

• Case Status: On 1/14/21, Appellants were granted an extension of time to file their Opening Brief. On 3/5/21, Appellants filed their opening brief; Appellees reply is now due on 4/5/21. On 4/6/21, Appellees filed their answering brief. On 4/26/21, Appellants filed their reply brief.
• Lower Court Outcome: For McDougall: on 10/21/20, Defendants’ motion to dismiss was granted, and Plaintiffs’ first amended complaint was dismissed with prejudice. For Brandy: on 10/1/20, Defendants’ motion for judgement on the pleadings was granted and the Plaintiffs’ claims were dismissed with prejudice.

Fetsurka v. Outlaw

Challenge to COVID-related delays in the issuance of concealed carry permits in Philadelphia. (E.D. Pa., No. 20-CV-5857)

• Case Status: Court denied Defendants’ motion to dismiss without prejudice and scheduled a non-jury trial on the merits of the claim for 4/19/21, with Defendants’ pretrial memoranda due 3/26/21. Discovery deadline extended to 4/2/21. Plaintiffs’ pretrial memorandum is due by 4/9/21. On 3/26/21, Plaintiffs filed a motion for judgment pursuant to FRCP Rule 68. Hearing held on 4/22/21 at 11am. On 4/22/21, the court issued an order against the City of Philadelphia in favor of Plaintiffs for damages totaling $30,000. On 4/28/21, the court ordered that Plaintiffs’ claims were dismissed without prejudice.

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Commerce Clause

Defense Distributed v. Grewal (Cert Stage)

Dormant commerce clause and numerous other challenges to New Jersey AG’s efforts to prevent dissemination of code for 3D printed firearms. (S Ct. No. 20-984; D. N.J. No. 19-cv-04753)

• Case Status: Docket available here. Petition denied on 3/29/21. On 1/19/21, petition for writ of certiorari was filed. On 2/24/21, the State of New York filed an amicus brief. Distributed for conference on 3/26/21. Stay lifted on 10/2/20 after developments in 5th Circuit case brought by same plaintiffs in TX (Def. Distributed v. Grewal (5th Cir. 19-50723) (on 8/19/20, the 5th Cir. reversed and remanded holding that the NJ AG has established sufficient minimum contacts with Texas to subject him to the jurisdiction of Texas courts; on 9/11/20, appellee withdrew en banc petition, and the mandate was issued). 

Mitchell v. Atkins 

Commerce clause challenge to WA law prohibiting sale of semiautomatic rifles to out-of-state residents, and Second Amendment challenge to minimum age provision. (9th Cir. No. 20-35827, W.D. Wash. No. 19-cv-05106)

• Case Status: Case is fully briefed. Amicus briefs have been submitted by IL, CA, CT, DE, D.C., HI, ME, MD, MA, MI, MN, NJ, NM, NY, OR, PA, RI, VT, and VA, and Giffords Law Center and Brady, and Everytown. On 4/20/21, Appellees notified the court of Young which supports affirming the district court decision. On 5/17/21, Appellants submitted their reply brief.
• Lower Court Outcome: Granted defendants’ cross motion for summary judgment and dismissed the plaintiffs’ complaint with prejudice on 8/31/20.

Rhode v. Rodriguez (previously Rhode v. Becerra)

Commerce clause and Second Amendment challenge to CA ammunition background checks law. (9th Cir. No. 20-55437)

• Case Status: Held in abeyance pending Duncan. Case fully briefed and on 10/14, parties filed supplemental briefs addressing historical evidence in response to district court’s finding that “an ammunition background check has no historical pedigree.” Oral argument held on 11/9/20 before Watford, Parker (visiting judge) and Bumatay. On 11/16/20, parties directed to file supplemental briefs addressing constitutionality of the Basic Check. Appellees submitted their supplemental brief on 12/16/20; Appellants submitted their supplemental brief on 1/15/21.
• Lower Court Outcome: Judge Benitez granted PI on 4/23 (S.D. Cal. No. 18-cv-00802).

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Litigation against the Gun Industry

Soto v. Bushmaster Firearms Int’l, LLC 

Lawsuit against manufacturers of the assault rifle used at Sandy Hook. (Conn. Sup. Ct. UWY CV15-6050025)

• Case Status: Docket available here. On 7/29/20, case was stayed pending bankruptcy proceedings for Remington Outdoor Company, Inc. (20-81688-11) and Remington Arms Company, LLC. (20-81692-11). On 4/21/21, the court requested an update on the bankruptcy proceedings. If the case remains in bankruptcy status, an updated affidavit must be filed on or before 5/21/21 or the case will be dismissed. If the case is no longer in bankruptcy, a request for status conference must be filed on or before 5/21/21. The court granted Plantiffs’ request for a status conference on or after 6/1/21.
• Lower Court Outcome: CT Supreme Court reinstated plaintiffs’ unfair trade practices (CUTPA) claim, interpreting federal law (PLCAA). SCOTUS denied cert on 11/12/19.

In re Academy 

Lawsuit against gun dealer who sold a rifle and ammunition to the perpetrator of the 2017 shooting at a church in Sutherland Springs, Texas. (Tex. Supreme Court 19-0497)

• Case Status: Docket available here. The Texas Supreme Court granted review on 4/3/20. Oral argument was heard on 10/6/20. The State of Texas was granted time to participate in oral argument. On 11/24/20 and 11/25/20, both parties filed post-submission letters contesting mandamus relief and the PLCAA’s application. 
• Lower Court Outcome: Trial court denied gun dealer’s MSJ under PLCAA.

City of Gary v. Smith & Wesson, et al. 

City lawsuit against manufacturers for crime externalities resulting from firearms manufacture and distribution. (Ind. Super. Ct. 45D01-1211-CT-000233)

• Case Status: Docket available here. Plaintiffs currently proceeding in discovery in state trial court. On 5/23/19, an Indiana Court of Appeals reversed the trial court order granting defendants’ motion to dismiss. Indiana Supreme Court denied review on 11/26/19. On 3/26/21, an e-filing appearance was filed on behalf of Defendant. On 5/7/21, the court granted the withdrawal of Plaintiff’s attorneys. On 5/20/21, Defendants filed a motion to sequence discovery and a motion for hearing. On 5/27/21, Plaintiff filed a motion to compel and a motion for hearing. On 6/4/21, Plaintiff filed a response to Defendants’ motion to sequence discovery.

Parsons, et al. v. Colt’s Manufacturing, et al. 

Wrongful death lawsuit brought by family of Las Vegas victim against manufacturers, alleging defective design foreseeably led to conversion of semiautomatic weapons. (D. Nev. 19-CV-1189)

• Case Status: On 4/10/20, the court issued an order allowing plaintiffs’ wrongful death claim to move forward, holding that it is not barred by PLCAA. The Court granted a stay until the Nevada SC responds to the amended certifying question. On 7/20/20, the court denied defendants’ motion for reconsideration of their motion to dismiss. On 7/30/20, the defendants’ moved for motion for certificate of appealability seeking certification for an interlocutory appeal. On 1/15/21, the judge ordered the Plaintiff to show cause as to why this action should not be remanded to state court, due on 2/16/21. On 2/8/21, the judge signed an order granting parties’ joint stipulation to extend deadlines pending the certifying of questions by the Supreme Court of Nevada. On 2/18/21, the judge denied without prejudice Defendants’ motion to certify orders in order to prevent Defendants from pursuing an interlocutory appeal to the Ninth Circuit.

Gustafson v. Springfield 

Reversed dismissal of plaintiffs’ claims and found the PLCAA unconstitutional. (207 WDA 2019)

• Case Status: Reversed, decision issued on 9/28 dismissing plaintiffs’ claims and found the PLCAA unconstitutional.

Leyva v. Braziel 

Lawsuit brought by family members of two victims of the Odessa-Midland shooting against the individual who supplied the firearm illegally and against Anderson Manufacturing. (A-20-08-0905-CV)

• Case Status: Docket available here. Complaint filed on 8/28/20, and Defendants have answered the complaint. On 11/16/20, Plaintiffs filed their second amended petition. On 12/3/20, Defendants answered the amended petition. On 12/31/20 and 1/5/21, Defendants separately filed two different motions to designate responsible third parties and moved for a motion to dismiss. On 2/21/21, the court denied the defendant’s motion to dismiss. On 4/6/21, Defendants answered a Petition in Intervention. On 4/15/21, Defendants answered an Intervenor’s Second Amended Petition.

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Affirmative Challenges

State v. City of Weston 

Challenge to Florida’s preemption statute which limits local regulation in the field of firearms. (Fla. Dist. Ct. App. No. 1D19-2819)

• Case Status:Docket available here. Reversed, upholding Florida’s preemption statute, including civil penalties–invalidated by the trial court–for legislators who knowingly pass preempted laws. On 1/2/20, Giffords Law Center filed an amicus brief in support of Plaintiff. On 5/17/21, the court denied Appellee’s motion for certification of questions of great public importance.
• Lower Court Outcome: Trial court invalidated Florida’s preemption statute.

State of Washington, et al. v. U.S. Dep’t of State 

States’ APA challenge to federal export rule change affecting technology for 3D-printed guns. (9th Cir. No. 20-35391)

• Case Status: Vacated and remanded with instructions to dismiss on 4/27/21. Dissent by Judge Whaley. On 5/18/21, Appellants filed a consent motion to move the court to issue the mandate immediately in order to vacate the preliminary injunction issued by the district court. Motion granted and mandate issued on 5/26/21. On 1/11/21, the 9th Cir. heard oral argument in front of Bybee, Nelson, and Whaley, here.

State of Washington, et al. v. Defense Distributed, et al. 

States’ APA challenge to federal settlement with Defense Distributed. (9th Cir. No. 20-35030)

• Case Status: On 7/21/20, the appeal was declared moot; on 8/4/20, the appellants filed an en banc petition. On 1/5/21, the 9th Cir. denied the Appellants’ motion for reconsideration en banc. The mandate was issued on 1/13/21.

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DEMANDING ACCOUNTABILITY

A joint effort by our country’s premier gun violence prevention organizations, the Firearms Accountability Counsel Taskforce works with the nation’s preeminent law firms to challenge the gun lobby in court and protect Americans’ most fundamental freedom—the right to live.

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The Supreme Court

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