Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

NRA-ILA Spring 2023 Litigation Newsletter

Friday, April 7, 2023

NRA-ILA Spring 2023 Litigation Newsletter

NRA-ILA’s Office of Litigation Counsel has been busy fighting for our members’ rights in courtrooms across the country. And things haven’t slowed down since we won New York State Rifle & Pistol Association v. Bruen at the United States Supreme Court last summer. Since then, ILA has filed several new cases, and continued the fight in many existing cases. This newsletter covers ILA’s efforts to defend your freedoms in court over the winter and spring of 2022-2023.


New Lawsuits

The action didn’t stop after the Supreme Court decided that Americans have a right to carry a firearm for self-defense in Bruen. New York blatantly disregarded the Supreme Court’s decision when it passed the mistitled Concealed Carry Improvement Act in the days following the Bruen decision. With that statute, the state replaced one unconstitutional, discretionary law with another unconstitutional, discretionary law. It also increased the application requirements and gave the licensing officer the ability to extend their deadline to process the application indefinitely. ILA, and a number of others, promptly challenged that in federal court.   

ILA challenged Delaware’s new so-called “assault weapon” and “large capacity magazine” bans. Rather than focusing on issues that will address actual criminal conduct, the state chose to mislabel and ban commonly owned firearms and magazines. It’s even worse that the state implemented these bans after the Supreme Court’s Bruen ruling—fully knowing that there is no historical tradition of regulating these common arms and that the bans are unconstitutional. The court declined to preliminary enjoin the laws from taking effect in March, but ILA is continuing the fight.  

ILA also filed a lawsuit challenging M-114 in Oregon, which implemented a mislabeled permit-to-purchase-a-firearm requirement—that does not actually allow one to purchase a firearm—and banned the possession of magazines capable of holding more than 10 rounds of ammunition. That lawsuit was supported by several local law-enforcement agencies throughout the state who informed the court that there was no infrastructure in place for them to process permits and that there would effectively be a ban on firearm transfers. That prompted the state to concede that the permit-to-purchase requirement should not take effect until a functioning system for processing permits could be put in place. The case is set to go to trial this summer.   

ILA also sued New Jersey, again. In October, a federal judge in New Jersey permanently enjoined New Jersey’s justifiable need requirement in an ILA case. The state promptly responded with A4769, which declares the entire state to be a “sensitive place,” increases permit fees, uses social-media posts as grounds to deny permits, and requires gun owners to acquire insurance that does not appear to exist in the state. ILA immediately filed a lawsuit challenging that, and obtained a Temporary Restraining Order that prohibited the state from enforcing the prohibitions on carrying in most of the so-called “sensitive places.”

ILA also sued Illinois after the lame duck legislature banned so-called assault weapons and large capacity magazines. The lawsuit points out that Americans own approximately eight million more semi-automatic rifles than they do F-150 pickups, which are the most commonly owned vehicles in the country. And approximately half of all privately-owned magazines in the United States are capable of holding more than 10 rounds of ammunition. Because these items are so common, they cannot be banned under the Second Amendment.

And rounding out the new lawsuits, an ILA-backed suit was filed challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) unlawful rule on stabilizing braces in February. ATF can only apply federal statutes; it can’t rewrite them. But that is precisely what it did in the brace rule. Even worse, ATF had determined that equipping a firearm with a stabilizing brace did not turn it into a short-barreled rifle several times over the last decade. This about face is arbitrary and capricious and not in accordance with the law, the lawsuit argues.


Continuing the fight

ILA also continued the fight in its other cases. The Fourth Circuit Court of Appeals heard oral arguments in Maryland Shall Issue v. Hogan, which challenges Maryland’s Handgun Qualification statute under the Second Amendment. That case has been ongoing since 2016. The Ninth Circuit heard oral arguments in a case where an environmental group claims that hunting with traditional lead ammunition is disposing of solid and hazardous waste under a federal environmental statute. That case has been ongoing since 2012.  

And ILA filed appeals in several cases. It asked the entire Eleventh Circuit to rehear a case challenging Florida’s ban on transferring firearms to young adults after the court issued a flawed decision upholding the law. ILA also appealed two California cases to the Ninth Circuit Court of Appeals. One case challenges a California law that requires the California Department of Justice to turn all gun owners’ personal identifying information to universities for “research” purposes. The second challenges a California law that bans firearms advertisements that may be attractive to minors under the First Amendment.    


Friend of the court cases

A few appellate courts ruled favorably in cases where ILA filed friend of the court briefs. The Florida Supreme Court upheld the state’s preemption statute’s penalty provision, which imposes a personal fine on local lawmakers who pass preempted gun-control laws. And the Fifth Circuit Court of Appeals struck the ATF’s rule banning bump stocks as machineguns, because Congress—not the ATF—decides what the law is. 

ILA is also waiting on rulings from the Second Circuit Court of Appeals in two cases that it filed amicus briefs in. The first is a Fourth Amendment case in which the plaintiff was wrongfully arrested and searched based solely on the fact that he had a license to and was carrying a firearm. The second case challenges a New York law that effectively declares the firearms industry to be a public nuisance and encourages lawsuits to be filed against the industry for unlawful third-party actions.

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights.

TRENDING NOW
NRA Releases Statement on Rahimi Decision

Friday, June 21, 2024

NRA Releases Statement on Rahimi Decision

Today, in United States v. Rahimi, the U.S. Supreme Court upheld the federal prohibition on firearms possession by individuals subject to domestic violence restraining orders.

Return to Paradise? Government of Turks and Caicos Amends Draconian Weapons Law

News  

Monday, June 24, 2024

Return to Paradise? Government of Turks and Caicos Amends Draconian Weapons Law

We have recently been reporting on the untenable situation in the popular tourist destination of the Turks and Caicos Islands (TCI), where a harsh weapons law with mandatory imprisonment for violators has been snaring Americans ...

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

Weaponizing Truth: U.K. Newspaper Fears D.C. Crime Reporting Feeds “Rightwing Agenda”

News  

Monday, June 24, 2024

Weaponizing Truth: U.K. Newspaper Fears D.C. Crime Reporting Feeds “Rightwing Agenda”

Last month, a progressive Chicago alderman decided to stop disseminating alerts about crime in her ward because “over-reporting of crime leads to an inaccurate public perception about violent crime rates and negatively impacts our most ...

Felonies Aren’t What They Used To Be

News  

Monday, June 24, 2024

Felonies Aren’t What They Used To Be

In recent years, many on the political left had encouraged use of the politically correct term “justice-involved individual” to refer to those convicted of, even serious, crimes. That is, until May 30. Upon that date, the great ...

The Trace Series Ends as it Began

News  

Monday, June 24, 2024

The Trace Series Ends as it Began

This is our final installment of a critical analysis of a podcast series from Michael Bloomberg’s online anti-gun propaganda mill, The Trace. 

Fallout from Trudeau’s Gun Grab: Crime is Up, Number of Gun Ranges Drops

News  

Monday, June 17, 2024

Fallout from Trudeau’s Gun Grab: Crime is Up, Number of Gun Ranges Drops

In Canada, a ban on over 1,500 firearm makes, models and variants, together with a mandatory government confiscation (“buyback”) requirement, was imposed by Liberal Prime Minister Justin Trudeau over four years ago. 

Kansas: Legislators Seize Special Session Opportunity to Start Discussion for 2025 Session

Wednesday, June 19, 2024

Kansas: Legislators Seize Special Session Opportunity to Start Discussion for 2025 Session

Last month, Gov. Laura Kelly called a special session of the Kansas Legislature to deal with tax issues. The special session adjourned this week, lasting less than 24 hours. Despite the brevity, pro-gun Senators J.R. ...

U.S. Supreme Court invalidates ATF Rule Classifying Bump Stocks as Machineguns

Friday, June 14, 2024

U.S. Supreme Court invalidates ATF Rule Classifying Bump Stocks as Machineguns

Today, the U.S. Supreme Court held that the Bureau of Alcohol, Tobacco, Firearms and Explosives unlawfully exceeded its authority by classifying bump stocks as machineguns.

Turks and Chaos: Island Jurisdiction a Potential Nightmare for U.S. Gun Owners

News  

Monday, May 13, 2024

Turks and Chaos: Island Jurisdiction a Potential Nightmare for U.S. Gun Owners

Set aside communist Cuba for a moment, these days another Caribbean island jurisdiction is providing a cautionary tale for U.S. gun owners. 

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.