Post-McDonald Second Amendment Cases

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  • krucam

    Active Member
    Bump.

    Maybe the first page could use an update? I'd give it a shot but can't edit it of course...

    Woollard & Bateman were just updated earlier today. I haven't gotten to Fletcher vs Haas (MA) and might be dinq on a CA case or two or three... :innocent0

    Suggestions and "wake ups" (slap to the side of the head, throwing an eraser) are always appreciated! Let me know what needs attention...

    This is a listing for everyone's benefit. We get help from all corners of the country, as it should be. Fire away...
     

    Al Norris

    Spud Head
    Dec 1, 2010
    746
    Rupert, Idaho
    Way back in 2010, krucam made a post about the Baker v. Biaggi, the Nevada camping requirements case. That was post #18.

    Everyone, including myself, thought the case was settled. As of Feb. 27th, this year, it finally (and officially) is.

    I'm in the process of updating and writing about the cases, as they stand today. So this is what I found and as it will be posted to TFL:

    Baker v. Drozdoff (was Baker v. Biaggi) Filed on Jul. 13th, 2010. James Manley and Robert Salyer are the attorneys for the plaintiff.
    Argues a tent in a campground is a home (albeit temporary) under Heller and that Nevada cannot bar anyone (resident or non-resident) the right to keep and bear arms for self defense in the home.

    On Sep. 21st, 2010, a Stipulated Preliminary Injunction and a temporary stay in further proceedings was granted, in order for the legislature to fix the problem (there was legislation introduced at that time) or in the alternative, the rule making body of Nevada could remedy the situation.

    On Mar. 30th, 2011, a second order of Injunction and Stay were entered (AB 282 was passed and would come into effect on July 1, 2011 - Modifies NRS 407.0475).

    On Sept 29th, 2011, a third order of Injunction and stay was requested (Routine - PI's must be renewed every 6 months. The administrative regulations ( NAC, had not yet been written). It was not acted upon, as the regulations were near to be published.

    On Feb. 27th, 2012, An Order approving a Feb. 22nd Stipulation to Dismiss without Prejudice was granted. Nevada rulemaking was completed on Oct. 26th, 2011 and cured the plaintiffs complaint.​

    So here's where it gets interesting. The regulation complained of was Nevada Administrative Code Sec. 407.105(1)(b) - (c). AB 282 modified the Nevada Revised Statutes, by adding section 2(c):

    2(c) [The Administrator shall] Not establish restrictions on the possession of firearms within the park or recreational facility which are more restrictive than the laws of this State relating to:
    (1) The possession of firearms; or
    (2) Engaging in lawful resistance to prevent an offense against a person or property.​
    Any regulation which violates the provisions of this paragraph is void.

    So what took so long to rewrite the Nevada Administrative Code (NAC)? Who really knows, 'cause here's what they added:

    NAC 407.105(5) Nothing in this section is intended to abrogate any right guaranteed by Section 11 of Article 1 of the Nevada Constitution.

    So it appears they didn't change sections (1)(a - c), just added a new section, that on the surface is broader than the Statute itself.

    Gotta love administrative code!

    At any rate, this is a clear win and goes to show how reasonable people can sit down and negotiate a resolution, even if prodded by court action.
     

    JMangle

    Handsome Engineer
    May 11, 2008
    812
    Mississippi
    Did I miss Weaver vs US in the 5th in the list?

    http://ia600802.us.archive.org/22/it...229.2906.0.pdf

    You know, the one about the guy in the Pegan Motorcycle Club.

    Decision read:

    The fact that courts may be reluctant to recognize the protection of the Second Amendment outside
    the home says more about the courts than the Second Amendment. Limiting this fundamental right to the home would be akin to limiting the protection of First Amendment freedom of speech to political speech or college campuses.

    And

    While it is true that the Fourth Circuit has so far stopped short of expressly recognizing a Second Amendment right to keep and bear arms outside the home,5 this Court has no such hesitation. The Supreme Court itself has acknowledged a Second Amendment right to protect oneself not only from private violence, but also from public violence. See Heller, 554 U.S. at 594 (stating that, by the time of the founding, the right to have arms was “fundamental” and “understood to be an individual right protecting against both public and private violence.”). The Heller Court additionally mentioned militia membership and hunting as key purposes for the existence of the right to keep and bear arms. See id. at 598. Confining the right to the home would unduly eliminate such purposes from the scope of the Second Amendment’s guarantee. Furthermore, the Court finds entirely persuasive Judge Niemeyer’s separate opinion as to Part III.B. in Masciandaro, 638 F.3d at 467-68 (Niemeyer, J., writing separately as to Part III.B.). There, Judge Niemeyer makes several observations drawn from the text of the Supreme Court’s opinion in Heller, including those mentioned above.

    Sorry if someone posted this. I know there is a tread somewhere talking about it.
     

    krucam

    Active Member
    Did I miss Weaver vs US in the 5th in the list?

    http://ia600802.us.archive.org/22/it...229.2906.0.pdf

    You know, the one about the guy in the Pegan Motorcycle Club.

    Decision read:


    And

    Sorry if someone posted this. I know there is a tread somewhere talking about it.

    This thread was started to track ongoing 2A cases. It became obvious that it would be impossible to track from beginning to end all Criminal cases invoking 2A claims. Simply not possible/feasible.

    We were hopeful this year for a handful of 2A cases at the Supreme Court level, all Criminal cases. Masciandaro, Chien, William, etc....Petition for Cert was denied in every last one.

    Criminal 2A cases that are wrapped up (ie Weaver in CA4) are often only elevated to the public eye once a ruling (usually favorable) is made.

    Honestly, did anyone know about Weaver before the CA4 ruling? How about Chester? Masciandaro? It's because we can't track all of them...

    The OP has Civil 2A cases primarily. The Criminal Court 2A cases get mention when/if it gets to One First.
     

    Al Norris

    Spud Head
    Dec 1, 2010
    746
    Rupert, Idaho
    I'll second what Mark just wrote. We just don't have the time to track everything that is not a civil rights case.

    I would add that with the load (of cases) we are tracking, our PACER account bills are enlarging, not growing smaller. It seems like every time one case finishes up, another (or two) appears on the horizon.

    Resources are limited and it seems that all of us that are tracking these cases came to the same conclusion. Civil Cases Only... Unless they hit One First.
     

    JMangle

    Handsome Engineer
    May 11, 2008
    812
    Mississippi
    Sorry if it seemed like I was ungrateful to the OP. I didn't know that the list was only following civil cases. I'm new to this legal mumbo-jumbo.
     
    Mar 20, 2012
    876
    Not sure where else to put this, I'm sure someone else has already found it:

    http://townhall.com/tipsheet/helenw...alifornia_county_finally_permitting_gun_shows

    Nordyke -- but I still doubt that this is over. Not sure how/why it would continue, but seeing as so many cases have been put on hold waiting for this to be over with.

    It's done, finally. Cases held can now begin moving. Any new action (say, challenging the ammo restriction, for example) will start anew.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    6,981
    Oral argument next week in NRA v. BAFT in the 5th Circuit. This is the challenge to the federal law restricting hand gun purchases to those over 20.

    CASE CALENDARED for oral argument on Tuesday, 07/10/2012 in Houston -- AM session. In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court's docket and an acknowledgment form. All other counsel of record should monitor the court's website for the posting of the oral argument calendars.. [11-10959]
     

    krucam

    Active Member
    For everyone's info, the items that I "KNOW" are coming up in the next two weeks include:

    Woollard (MD CCW):
    1) Check District Case 1:10-cv-02068 for Stay Ruling. No surprise, right?
    2) Check CA4 Case 12-1437 on 7/30/12 for Plaintiff (SAF) Response Brief 2/3.

    Piscatoski (NJ CCW): Check CA3 Case 12-1150 on 7/30/12 as well, for Plaintiff (SAF) Reply Brief 3/3.

    Moore (CA7 12-1269) and Sheppard (CA7 12-1788) are highly likely to have Opinions issued on the recent Oral Argument by 8/8/2012 IIRC, which is when this CA7 Term ends. Fingers are crossed...

    This covers everything I'm aware of for the next 2 weeks. There could certainly be more but I don't have the time to dig right now.

    BTW, I'm staring at 2 duffel bags loaded with a tent, thermarest pad, sheets for cover, 7 sets of cycling shorts, 7 sets of cycling shirts, a cork screw....

    The Registers Annual Great Bike/Beer Run/Ride Across Iowa commences Sunday. Me and 10,000 of my closest friends will be making the 40th annual bicycle ride across Iowa. It is looking to be an uber-hot one.

    Ride the Bike 70 miles in the heat. Get into the overnight town around 2-3pm. Crack a beer, find your duffel bag amongst hundreds, grab a beer, start setting up your tent, pull clean clothes out for the evening, grab a beer, go to the shower and wait in line, shower, grab a beer, decide what to do for the evening (Counting Crows one night, Little River Band another). Stumble back to the tent in the dark in a town you've never been in.

    Wake up, grogggy, grab a water, pray for a coffee. Take down tent, pack into duffel, throw duffel onto a semi, get on your bike and ride 70 miles.

    Repeat 6 more times.

    I can't wait.

    https://www.google.com/search?q=rag...-_XLCA&sqi=2&ved=0CE0Q_AUoAQ&biw=1680&bih=916

    http://ragbrai.com/

    A pic from the 2010 ride is attached. I'm sure someone will recognize the setting...

    Peace Out folks. iPad and a Droid is all I'll have for the next two weeks.

    Get on your bikes and ride...
     

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    Al Norris

    Spud Head
    Dec 1, 2010
    746
    Rupert, Idaho
    An oral hearing has been scheduled in the long overdue Palmer case.

    07/23/2012 MOTION SCHEDULING NOTICE as to 6[RECAP] MOTION for Summary Judgment ; 5[RECAP] MOTION for Summary Judgment, 34[RECAP] MOTION to Strike 33[RECAP] Supplemental Memorandum,. Motion Hearing set for 8/27/2012 10:00 AM in a courtroom to be determined at a later date before Judge Frederick J. Scullin Jr.. (Scullin, Frederick) (Entered: 07/23/2012)

    07/25/2012 RESCHEDULING NOTICE TIME CHANGE ONLY re: 6[RECAP] MOTION for Summary Judgment, 5[RECAP] MOTION for Summary Judgment, 34[RECAP] MOTION to Strike 33[RECAP] Supplemental Memorandum. Motion Hearing remains set for 8/27/2012 and the time is changed to 03:30 PM before Judge Frederick J. Scullin Jr.. (Scullin, Frederick) (Entered: 07/25/2012)
     

    esqappellate

    President, MSI
    Feb 12, 2012
    6,981
    Schader oral argument 10/10/2012 before Tatel, Williams and Randolph, D.C. Circuit. I started a separate thread in this forum on Schader, as this is Alan Gura's argument
     

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