Status of Cases

(Words 1200)

Just what the title says, a number of cases with either short histories or simply where the are in the process.

National Rifle Association v. Commissioner, Florida Dept. of Law Enforcement, 21-12314, (11th Cir.)

Suit filed in March 2018, Eleventh Circuit court 2 judge panel hears oral arguments heard March 24, 2022. On March 9, 2023, the panel decides that 18,19, and 20-year-olds are not Part of the People. The opinion was vacated the same day. On July 14, 2023, the Circuit Court decided to hear the case en banc

Currently waiting for scheduling orders.

United States v. Rahimi, 21-11001, (5th Cir.)

Cert granted by the Supreme Court. Oral arguments to be heard in the term starting October 2023.

United States v. Connelly, 23-50312, (5th Cir.)

A criminal case was opened in Jan. 2022. The Connelly’s were charged with a violation of §922(g)(3). The trial judge (criminal trial) found for Connelly. The state appealed to the fifth circuit on May 4, 2023. Briefings not yet submitted. Oral arguments not yet scheduled.

Ocean State Tactical, LLC v. State of Rhode Island, 23-1072, (1st Cir.)

Case opened June 23, 2022. Magazine ban law. The District court found that magazines are not arms on December 14, 2022. Appealed on January 13, 2023. Oral arguments were heard on September 11, 2023.

Waiting for the three judge panel’s opinion.

Granata v. Campbell, 22-1478, (1st Cir.)

A challenge to the Massachusetts “Approved Firearms Roster” and FOID. The complaint was filed on June 8, 2021. The case was dismissed on May 19, 2022. The case was decided on a means-end basis which found that The Handgun Safety Regulations in this case place, at most, a modest burden on the core Second Amendment right.

The case was appealed on June 15, 2022. On April 7, 2023, the case was vacated and remanded back to the district court with the mandate issued on May 1st, 2023.

The amended complaint, using Bruen was entered on September 21, 2023.

Waiting on a briefing schedule from the district court.

Dominic Bianchi v. Anthony G. Brown, 21-1255, (4th Cir.)

The lawsuit was filed on December 1st, 2020. It was a challenge to Maryland’s weapons ban. In particular, it was a direct challenge to Kolbe v. Hogan. The Fourth Circuit had ruled in Kolbe that means-end was to be applied.

On March 4th, 2021, the district court dismissed the case. This case was never intended to get a ruling contrary to Kolbe The plaintiffs (good guys) expected the district court to rule against them. On March 5th, 2021, the plaintiffs filed an appeal to the Fourth Circuit court.

On September 17, 2021, the three judge panel affirmed the district court’s opinion, based on Kolbe.

On December 20, 2021, a petition for writ of certiorari was filed. On June 30, 2022, the Supreme Court granted certiorari, vacated the Circuit Court’s opinion, and then remanded it back to the Fourth Circuit court. This is normally referred to as “GVR’ed”

Unlike the Ninth, the Fourth decided to hear arguments. By the 8th of August, a briefing schedule had been ordered. On December 6th, 2022, oral arguments were heard.

We are waiting for the opinion of the Circuit Court.

Andrew Teter v. ANNE E. LOPEZ, 20-15948, (9th Cir.)

On April 10th, 2019, Andrew Teter and James Grell filed their lawsuit challenging Hawaii’s butterfly knife ban. The court issued a summary judgement for the defendants on May 13, 2020, based on means-end.

The case was appealed to the Ninth Circuit on May 19, 2020. On August 7, 2023, a three judge panel for the Ninth Circuit ruled for the plaintiffs (good guys). They reversed and remanded the case back to the district court. This means that they found the ban to be unconstitutional and ordered the district court to issue the correct injunctions.

The district court doesn’t get a “do over”.

On September 14th, the state started the process of asking for a rehearing en banc. We are waiting for the plaintiffs (good guys) to file their response stating why the case should not be heard en banc

Waiting for briefings and decision by the Ninth Circuit court to hear the case en banc.

Virginia Duncan v. Rob Bonta, 23-55805, (9th Cir.)

After 6 years we have had the en banc panel that ruled against Virginia Duncan originally, and then refused to do their duty when the case was GVR’ed, has claimed the right to hear this case on a do-over.

Do you have any guesses on what they are going to decide?
(If you have any questions about this case, look back a little ways. According to a couple of sources, I’ve written a novelette or novella worth of words about this case.

Lance Boland v. Rob Bonta, 23-55276, (9th Cir.)

The complaint was filed on August 1st, 2022. It challenges California’s hand gun roster. The plaintiffs were granted a preliminary injunction on March 20, 2023. The state appealed to the Ninth on March 31st.

Oral arguments were held August 23, 2023. We are waiting for the opinion of the three judge panel.

Lana Renna v. Rob Bonta, 23-55367, (9th Cir.)

The challenge was filed on November 10, 2020. The case challenges California’s requirement that all sales and transfers go through FFLs and “Certificate of Eligibility”. This is a permit to purchase, good for one year. They also challenge the hand gun roster with its requirements for chamber load indicator, magazine disconnect mechanism, and microstamping.

On April 3, 2023, the district court granted a preliminary injunction, which was stayed pending appeal.

Oral arguments were heard August 23, 2023. We are waiting for the three judge panel’s opinion.

Antonyuk v. Hochul, 22-2908, (2d Cir.)

This is a challenge to the New York State’s Bruen tantrum response bill, commonly known as the CCIA.

Oral arguments were heard on March 20, 2023.

We are still waiting for a response from the Second. The Second Circuit court has the shortest average time from argument to opinion of the Circuit courts. Looks like they are attempting to snatch 3rd or 4th place on just this one case.

Caleb Barnett v. Kwame Raoul, 23-1825, (7th Cir.)

Oral arguments were heard June 29, 2023. We are still waiting for the Seventh’s ruling against the Second Amendment.

Robert Bevis v. City of Naperville, 23-1353, (7th Cir.)

Oral arguments were heard June 29, 2023. We are still waiting for the Seventh’s ruling against the Second Amendment.

Scott Hardin v. ATF, 20-6380, (6th Cir.)

Bump stock case. An opinion was issued on April 25, 2023.

No idea what’s happening with this case.

Vincent v. Garland, 21-4121, (10th Cir.)

Oral arguments were made on May 16, 2023.

The Tenth Circuit three judge panel issued their opinion on September 15, 2023. They found that §922(g)(1), felon in possession, was constitutional because the Supreme Court hasn’t said it is unconstitutional. Cowards.

This is a case that might be appealed to the Supreme Court, but I do not think it will be.

Ronald Koons v. Attorney General New Jersey, 23-1900, (3rd Cir.)

This is a challenge to New Jersey’s Bruen response tantrum.

This case was appealed on May 17, 2023, after the state took a partial lose at the district level. District Court Judge Renee Bumb did a good job, but not a great job.

We still do not have a schedule for oral arguments.

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If you are interested in any of the listed cases in particular, please let me know. For those with oral arguments, it would be a reason to fire up my AI-powered transcription software and take a look at what was actually said.