CALGUNS National case thread, latest information

[Librarian]

THIS IS VERSION 1.0, SUBJECT TO MODIFICATION FROM CONSTRUCTIVE CRITICISM, AND LATER EXPANSION TO COVER MORE CASES.

Note this is just a subset, not intended to be complete yet, if ever it could get to that state! Post feedback for improvement to the Feedback thread, https://www.calguns.net/calgunforum/....php?t=1902268, please - this one is 'born' locked.


Note this may be a day or two out of date sometimes; please consult the linked case threads where the newest stuff ought to already be posted.

A note on 'what goes here'

Cases that are not sourced in CA courts need threads here

National 2nd Amend. Political & Legal Discussion

[Librarian]

How to Read a Court docket

https://guides.loc.gov/case-law/dockets-court-filings

https://columbusstate.libguides.com/criminaljustice/howtoreadadocket

? What is PACER ?

https://pacer.uscourts.gov/

The Public Access to Court Electronic Records (PACER) service provides electronic public access to federal court records. PACER provides the public with instantaneous access to more than 1 billion documents filed at all federal courts.

PACER docs are not free. But there is a re-publishing effort from the Free law Project called RECAP. See Wikipedia, it's good enough - https://en.wikipedia.org/wiki/Free_Law_Project, and Free Law Project is the orignator of CourtListener, the common place to see dockets.

A note on case naming:

Cases against governments usually name a government official as defendant; in California, that is usually the current elected Attorney General. So, as AGs change, many cases amend the defendant/plaintiff to the current office holder. I don't think we have any current cases from Jerry Brown, but we do have some from Kamala Harris, Xavier Becerra, and Rob Bonta. Other states, for example Oregon, can name the Governor as defendant.

And Plaintiffs can change, too. The original filing for what ended as Heller began as Parker.

Typically, a case is styled Plaintiff v Defendant, or first named Plaintiff v first named Defendant. That's a convention, not a rule. And the short name used can be confusing; we get cases titled for plaintiffs, usually: Heller, McDonald, Rhode, Duncan, but there are others.

Best recent example case is New York Rifle and Pistol Association Inc v Kevin P. Bruen, in His Official Capacity as Superintendent of New York State Police; the case is commonly known by the defendant Bruen - just easier to say and type, I guess.

Substitutions of parties, plaintiffs and defendants, are usually documented in the case docket, but the docket title may or may not reflect that change.

A note on Federal Courts

United States Courts (Federal Courts) - https://www.uscourts.gov/

Circuit courts of appeal are charged with serving designated geographic areas; again, Wikipedia's article is 'good enough' - https://en.wikipedia.org/wiki/United...rts_of_appeals

Places we commonly see: Texas is in the 5th; New York is in the 2nd; Illinois is in the 7th.

The whole country gets the United States Supreme Court, https://www.supremecourtus.gov/, AKA SCOTUS

A note on where to find court cases

Justia - https://law.justia.com/cases/ - is a good source, but pretty much any search engine will find things by 'Party v party' or book and page reference such as "554 U.S. 570 (2008)".

Briefs, amicus filings, and other documents frequently refer to precedent court cases. It can be fun to compare what one party writes a case says, and what the case actually says.

Other information sources

Parties to the suits often have useful pages.

SAF, Second Amendment Foundation, SAF.ORG works mostly outside of California, but they have info about their cases, usually here: https://saf.org/category/news/

FPC, Firearms Policy Coalition, https://www.firearmspolicy.org/legal has many out of CA cases, but a few here. They are very active on Twitter/X - https://twitter.com/gunpolicy

[Librarian]

Administrivia

Each case gets its own post. Once entered, the post is stuck in the order entered; that means 'newest stuff' cannot 'bubble to the top'

An additional note on 'currency'

It almost certainly will happen that some case post will not be updated for months. And, almost certainly, it will not be because it has been forgotten, but because nothing 'significant' has happened. Lawsuits in the Federal courts particularly have that attribute - with no deadlines, they do what they want, when they want.

? What is a 'significant' action ?

Things like orders setting dates for hearings or oral arguments or submission of briefs are 'significant'. Documents/orders replacing the lawyers with different lawyers are not signficant as to the progress of the case.

Filing of briefs and reply briefs and amicus contributions would be an incredible clerical task to maintain here, and I refer folks to the docket.

[Librarian]

reserved

[Librarian]

reserved 2

[Librarian]

Name:

Subject of the case:

Docket:

Latest:


Next event:

Calguns thread:



Keywords:

[Librarian]

Name: Cargill v Garland

Subject of the case: Bump stocks

Docket: https://www.supremecourt.gov/docket/...ic/22-976.html

Latest: Win at 5th Circuit, appealed to US Supreme Court


Next event: Oral argument at SCOTUS, 2-28-24

Calguns thread: https://www.calguns.net/calgunforum/....php?t=1838814


Keywords: Bump stock, machine gun, SCOTUS,

[Librarian]

Name: Bianchi v Frosh, Bianchi v Brown

Subject of the case: Maryland 'assault weapons'

Docket: https://www.firearmspolicy.org/bianchi

Latest: Cert before judgement DENIED 5-20-24

Request for certiorari before judgement by FPC

https://assets.nationbuilder.com/firearmspolicycoalition/pages/5854/attachments/original/1707419659/2024.02.08_Cert_Petition.pdf?1707419659

Next event: En Banc Oral Arguments at 4th Circuit 3-19-24
WATCH at https://www.youtube.com/@4thcirc

Calguns thread: https://www.calguns.net/calgunforum/...1672182&page=7



Keywords: Maryland, assault weapon, 4th Circuit, SAF, CCRKBA, FPC

[Librarian]

Oregon - Prop 114 STATE Court

Name: Arnold v Brown

Subject of the case: Oregon proposition 114, permits, 10-round magazines, Oregon constitution

Docket: https://trportal.courts.oregon.gov/p...0-9485ed5bdacb
Not many documents available from the docket

Latest: 4-12-24 OR Ct of Appeals denies stay of enforcement while appeal is considered.
https://www.facebook.com/photo?fbid=...61950475944346 Facebook, image only, Tony Aiello's page

11-21-23 Win; 2-9-24 State appeals, asks for stay:
https://appealpetition.tiiny.site/ (Note Firefox does not like that site; Safari is cool with it.)


Next event: Appeal hearing at Oregon Court of Appeals September 2024
Per Tony Aiello, atty for Arnold, 3-3-24, reported at Northwest Firearms

Result: Raschio's ruling stays in effect until after September events.

Calguns thread: https://www.calguns.net/calgunforum/....php?t=1830408



Keywords: Judge Raschio, Oregon, Harney County, permit, magazine

[Librarian]

Oregon Prop 114 FEDERAL Court

Name: Oregon Firearms Federation v Brown
(Kate Brown was Governor when the case was filed)
Consolidated with
Fitz v Brown https://storage.courtlistener.com/re...70381.15.0.pdf

Eyre et al v Rosenblum https://t.co/RyZmfpJINp

Azzopardi et al v Rosenblum https://t.co/jQRDPdCeH2
(Rosenblum is OR Attorney General)

Subject of the case: Oregon Proposition 114 (2022) - permits to purchase, 10 round magazine limit

Docket: https://www.courtlistener.com/docket...-brown/?page=2

Latest: Lost before Judge Immergut (US District Court, Oregon), appealed to 9th Circuit 8-11-23
"Proceedings are stayed pending resolution of Duncan, et al. v. Bonta, appeal No. 23-55805." 12-19-23


Next event:

Calguns thread: https://www.calguns.net/calgunforum/....php?t=1830408



Keywords: Oregon, OFF, FPC, Proposition 114, permit, magazine, 9th circuit

[Librarian]

Name: ILLINOIS: GOA (Gun Owners of America) v Raoul (Attorney General of IL)

Subject of the case: Assault weapons

Docket: UNK

Latest: GOA files for Certiorari 12 March 2024

https://www.gunowners.org/wp-content/uploads/GOA-GOF-v.-Raoul-Petition-for-Certiorari.pdf

Next event:

Calguns thread: https://www.calguns.net/calgunforum/...1887338&page=4

Other 7th Circuit cases also discussed.

Keywords: Illinois, 7th Circuit, assault weapon