Category: Courts

Gun rights group applauds after federal appeals court deals blow to NY concealed carry law
Gun Owners of America praised the Second Circuit decision but said the court should have thrown out all of the New York gun control law

Gun rights activists cheered Friday after a federal appeals court struck down parts of New York’s expansive concealed carry law.

The U.S. Court of Appeals for the Second Circuit blocked three provisions of New York’s “Concealed Carry Improvement Act” (CCIA), a law Democrats passed last year in response to a Supreme Court ruling that declared the state’s previous concealed carry permitting requirements unconstitutional. In doing so, the appeals court allowed other parts of the law to go into effect.

In a 261-page ruling, the three-judge panel struck down a requirement that gun owners disclose their social media accounts for review when applying for a concealed carry permit. The court also blocked restrictions on carrying firearms on private property that is accessible to the public, as well as a restriction on concealed carry in houses of worship.

However, controversial parts of the law remain intact, including a requirement that applicants demonstrate good moral character and disclose household and family members on a permit application. New York will also be allowed to enforce bans on concealed carry in so-called “sensitive places,” including theaters, bars, public parks and other spaces.

“Governor [Kathy] Hochul and her cabal in Albany never seem to get the message, and in turn, GOA is proud to have played a major role in rebuking her unconstitutional law,” Gun Owners of America (GOA) Senior Vice President Erich Pratt said in a statement.

“Nevertheless, this was not a total victory, and we will continue the fight until this entire law is sent to the bowels of history where it belongs,” Pratt added.

Friday’s decision is the first federal court ruling to consider potential limits on where licensed gun owners can carry concealed firearms since the Supreme Court expanded gun rights in New York State Rifle & Pistol Association, Inc. v. Bruen (2022). Justice Clarence Thomas wrote in that opinion for the court that “the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home.”

The consequences of the Supreme Court’s ruling have been far-reaching, upending gun regulations in several states.

The circuit court judges acknowledged their ruling won’t be the final word on New York’s gun control law as the case winds its way through lower courts.

READ THE SECOND CIRCUIT OPINION BELOW. APP USERS: CLICK HERE

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FED. JUDGE STRIKES HANDGUN SALES BAN FOR 18-20 YR. OLDS IN W.VA CASE

BELLEVUE, WA – A federal district court judge in West Virginia has ruled that a federal law prohibiting handgun sales to 18-20-year-olds is “facially unconstitutional,” and granted a summary judgment in a case brought by the Second Amendment Foundation.

In a 40-page decision, U.S. District Chief Judge Thomas S. Kleeh with the Northern District of West Virginia wrote, “(B)ecause Plaintiffs’ conduct – the purchase of handguns – ‘fall[s] [within] the Second Amendment’s ‘unqualified command’ and the challenged statutes and regulations are not ‘consistent with the Nation’s historic tradition of firearm regulation,’ the Court FINDS 18 U.S.C. §§ 922(b)(1) and (c)(1) facially unconstitutional and as applied to Plaintiffs.”

He enjoined the defendants—in this case the Bureau of Alcohol, Tobacco, Firearms and Explosives, ATF Director Steven Dettelbach and Attorney General Merrick Garland—from enforcing the provisions “against Plaintiffs and otherwise-qualified 18-to-20-year-olds.”

“This is a huge victory for Second Amendment rights, especially for young adults,” said SAF Executive Director Adam Kraut. “The Biden Justice Department argued that people in this age group were not adults, which was patently ludicrous. The government simply could not defend the constitutionality of the handgun prohibition, and Judge Kleeh’s ruling makes that clear.”

“There was never any historical evidence supporting this arbitrary ban on the purchase and ownership of handguns by young adults,” noted SAF founder and Executive Vice President Alan M. Gottlieb. “As we maintained all along, history goes in the opposite direction. At that age historically, young adults were considered mature enough to serve in the militia, the military and take on other responsibilities. We’re delighted with the judge’s ruling.”

The case was filed in September 2022. Joining SAF were the West Virginia Citizens Defense League and individual citizens Steven Robert Brown and Benjamin Weekly. They were represented by attorneys John H. Bryan of Union, W.Va., and SAF’s Kraut, who is a practicing attorney based in Westtown, Pa.

Laws Requiring Permission to Obtain Guns Look Vulnerable

According to a landmark 2022 Supreme Court decision, the Second Amendment constrains the requirements that states may impose on residents who want to carry guns in public for self-defense. It stands to reason that the same is true of the steps that people must take to acquire guns in the first place.

That is essentially what the U.S. Court of Appeals for the 4th Circuit concluded last week, when it ruled that Maryland’s handgun licensing system is inconsistent with the right to keep and bear arms. The case exemplifies a new front in constitutional challenges to gun control laws under the Second Amendment test that the Supreme Court established last year.

To pass that test, a law must be “consistent with this Nation’s historical tradition of firearm regulation.” But Maryland’s law, which requires would-be handgun owners to complete a process that can take up to 30 days, bears little resemblance to regulations enacted in the 18th or 19th century.

Maryland is one of 14 states that require background checks for all firearm purchases, whether or not the seller is a federally licensed dealer. Since 2013, Maryland has imposed an additional requirement on handgun buyers: They must first obtain a “handgun qualification license,” which entails completing at least four hours of firearm training and undergoing a seemingly redundant “investigation” aimed at screening out people who are legally disqualified from owning guns.

Maryland argued that its law fits a tradition of disarming “dangerous” individuals, such as people with felony records, illegal drug users and people convicted of domestic violence misdemeanors. But even assuming those categories of “prohibited persons” are validated by long-standing practice, 4th Circuit Judge Julius Richardson said, Maryland’s statute goes further by “preemptively disarming every person until they can each prove that they are not dangerous,” which “burdens a far broader swath of people.”

Writing in dissent, Judge Barbara Milano Keenan highlighted the Supreme Court’s distinction between “may issue” laws like New York’s, which required carry-permit applicants to demonstrate “proper cause,” and “shall issue” laws, which make permits available to all applicants who meet “objective criteria.” Maryland’s licensing system for handgun buyers falls into the latter category, Keenan said, which suggests the Court would be inclined to uphold it.

While the Supreme Court did indicate that “shall issue” laws could be consistent with the Second Amendment, it also noted that “any permitting scheme can be put toward abusive ends.” It therefore did not rule out “constitutional challenges to shall-issue regimes where, for example, lengthy wait times in processing license applications or exorbitant fees deny ordinary citizens their right to public carry.”

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Huge: Fourth Circuit Declares Maryland’s ‘Handgun Qualification License’ Unconstitutional

A decade ago, Maryland lawmakers imposed a new burden on residents hoping to exercise their Second Amendment right to keep and bear a handgun by creating a “Handgun Qualification License.” Before any would-be gun owner can take possession of a pistol, they must first jump through several state-mandated hoops, from submitting fingerprints as part of a background check investigation to taking a four-hour-long “firearms safety training course” that includes the firing of at least one live round of ammunition. After waiting 30 days or more for approval, the would-be gun owner then has to go through another background check and an arbitrary seven-day waiting period before they can take possession of their pistol, though they must run another bureaucratic gauntlet before they’re actually allowed to carry the sidearm in self-defense.

On Monday a three-judge panel of the Fourth Circuit Court of Appeals concluded what Second Amendment activists have been arguing for years; the Handgun Qualification License is an unconstitutional barrier to exercising a fundamental right. In a 2-1 decision, the majority declared that the “plaintiffs challenge must succeed”; reversing a district court opinion and delivering an important victory to the Firearms Policy Coalition, Maryland Shall Issue, the Independence Institute, Atlantic Guns, and several individual residents who’d sued over the permit requirement.

The challenged law restricts the ability of law-abiding adult citizens to possess handguns, and the state has not presented a historical analogue that justifies its restriction; indeed, it has seemingly admitted that it couldn’t find one.

Under the Supreme Court’s new burden-shifting test for these claims, Maryland’s law thus fails, and we must enjoin its enforcement. So we reverse the district court’s contrary decision.

Applying the Supreme Court’s “history, text, and tradition” test to the Maryland statute, the Fourth Circuit panel determined that there are no historical analogues to the modern-day gun control law. Importantly, the panel ruled that while the HQL doesn’t directly deal with either keeping or bearing arms, but rather their acquisition, the gun control law still directly implicates and imposes on the Second Amendment rights of residents.

The answer is not complicated. If you do not already own a handgun, then the only way to “keep” or “bear” one is to get one, either through sale, rental, or gift. And the challenged law cuts off all three avenues—at least, for those who do not comply with its terms.

That brings us to the next wrinkle: The challenged law does not permanently prohibit Plaintiffs from acquiring or carrying handguns. Instead, it imposes certain requirements that they must meet before they can obtain a handgun. And those requirements rely on “objective” criteria, which Plaintiffs admit that they can satisfy. Once they do so, the law commands that the state “shall issue” them handgun-qualification licenses.

But even though Maryland’s law does not prohibit Plaintiffs from owning handguns at some time in the future, it still prohibits them from owning handguns now. In order to get a handgun, Plaintiffs still have to follow all of the law’s steps. And, although they will be able to complete each one, it is impossible to do so right away.

Plaintiffs can’t receive a license to legally acquire a handgun until the state reviews their applications, which can take up to thirty days. So, no matter what Plaintiffs do, there will be a period of up to thirty days where their ability to get a handgun is completely out of their control.

In other words, though it does not permanently bar Plaintiffs from owning handguns, the challenged law deprives them of that ability until their application is approved, no matter what they do.

As the panel reasoned, there’s nothing in the language of the text of the Second Amendment or the Bruen decision that suggests the amendment protects “only against laws that permanently deprive people of the ability to keep and bear arms.” A right delayed is a right denied, and the “temporary deprivation that Plaintiffs allege is a facially plausible Second Amendment violation.”

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There’s a Federal court case in Texas where a man filed a Form1 to make a MG and ATF (of course) denied it. This keeps up and SCOTUS just may get involved, and I’m not the only one thinking that, at the very least, the 1986 ban on new ‘transferable’ guns may get the axe under the “Bruen test” .

Attorney with local ties takes gun rights case to federal appeals court

An attorney and Nixa resident with ties to the area has a case related to gun rights making its way through the federal appeals court system after it was rejected by the U.S. District Court, Western District of Missouri, headquartered in Springfield.

The case has been appealed and will now move to the Eighth District Circuit Court of Appeals, primarily based in St. Louis.

Mark Blount, representing himself, is arguing against the National Firearms Act prohibition on possession of ordinary military weapons manufactured after 1986, with the defendants listed as the United States of America; the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); Merrick Garland acting as Attorney General of the United States; and Bernard G. Hansen, acting as Special Agent in Charge of the ATF Kansas City Field Division.

The case background describes Blount’s complaint regarding the National Firearms Act, the Gun Control Act and the Firearms Owners Protection Act of 1986, all considered by Blount as unconstitutional, based on his argument the laws collectively infringe upon and deprive him of “ancient, inalienable, private, individual, absolute, ancestral sovereign common law right to keep and bear arms, retained by ancestors, the Founders of this country, and enumerated in the Second Amendment to the U.S. Constitution, by prohibiting Plaintiff from possessing machine guns of all descriptions manufactured after 1986.”

Blount specifically complains his constitutional rights are being infringed upon because, according to court documents, he “plans on purchasing an M-16 rifle, M-4 rifle, Squad Automatic Weapon (SAW), or other machine gun which comprises the standard issue equipment of a service member in the United States military, manufactured after 1987, to wit, an ordinary military weapon, or converting the AR-15 rifles that he already lawfully possesses to automatic weapons,” and the acts criminalize his “planned course of conduct.”

The case was dismissed by the District Court, in part, on the grounds that Blount’s argument that his rights were being infringed upon was based on a “conjectural or hypothetical interest” rather than an “invasion of a legally protected interest that is concrete and particularized and actual or imminent.”

In other words, it was rejected on the grounds his argument was based on an illegal act he planned on committing rather than the real possibility of prosecution after committing it, and that he failed “to allege anything beyond a speculative fear of prosecution.”

While the judgment didn’t address Blount’s argument of those laws as unconstitutional, he outlined it in an eight-page document sent to the Quill. In general, he says, the right to bear arms is a constitutional right that has been passed down from the founding fathers, and he describes it, in part, as a fundamental right “upon which rights every other right is based, which rights we had inherited as the lineal, legal, and bloodline descendants of the ancestral class of rights-holders, free Englishmen.”

Blount is a Duke University School of Law graduate. He is married to Ashley Huddleston-Blount, whose family is from West Plains. Huddleston-Blount’s family is from West Plains, and her grandparents owned a small cattle farm in Oregon County and were known throughout the area. She is descended from the Huddlestons who were in the West Plains area as early as the start of the 1820s.