r/gunpolitics • u/Accomplished_Shoe962 • Feb 01 '23

Lawsuit Tracker Thread

I will try and edit this as I compound more information. It would be great if comments could be restrained to those that are helpful in the tracking of the various suits and their statuses.

Current ISSUES: BATF Rule against Braces (place holder for rule number)

FPC:Mock V. Garland ( 3:23-xc-00232 ) Filed Jan 31 2023

Tracker: https://www.courtlistener.com/docket/66774568/mock-v-garland/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc

FPC: Mock V. Garland ( 4:23-cv-00095 )

:Copy of the Complaint: https://storage.courtlistener.com/recap/gov.uscourts.txnd.372609/gov.uscourts.txnd.372609.1.0.pdf

Tracker: https://www.courtlistener.com/docket/66774568/mock-v-garland/

Wisconsin Institute for Law & Liberty: Britto, TAUSCHER, Kroll v. BATF ( 2:23-cv-00019 )

:Copy of the Complaint:

https://will-law.org/wp-content/uploads/2023/01/ATF-Complaint-Final-PDF.pdf

:Tracker:

https://www.courtlistener.com/docket/66772401/britto-v-bureau-of-alcohol-tobacco-firearms-and-explosives/

Watterson v. BATF ( 4:23-cv-00080 )

:Copy of the Complaint: https://storage.courtlistener.com/recap/gov.uscourts.txed.219996/gov.uscourts.txed.219996.1.0.pdf

Tracker: https://www.courtlistener.com/docket/66772719/watterson-v-bureau-of-alcohol-tobacco-firearms-and-explosives/

COLON v. Bureau of Alcohol, Tobacco, Firearms and Explosives (8:23-cv-00223) (M.D. Florida)

:Copy of the Complaint:

https://storage.courtlistener.com/recap/gov.uscourts.flmd.410428/gov.uscourts.flmd.410428.1.0.pdf

Tracker:

https://www.courtlistener.com/docket/66780426/colon-v-bureau-of-alcohol-tobacco-firearms-and-explosives/

TEXAS v BATF ( Case 6:23-CV-00013)

:copy of the complaint: https://storage.courtlistener.com/recap/gov.uscourts.txsd.1905516/gov.uscourts.txsd.1905516.1.0.pdf

Tracker: https://www.law360.com/cases/63e549cf15d4e802a4713175

FIREARMS REGULATORY ACCOUNTABILITY COALITION, INC., v. BATF ( Case 1:23-cv-00024-DLH-CRH)

:copy of the complaint: https://www.fracaction.org/_files/ugd/054dfe_c1903a1ef3f84cf89c894aee5e10319c.pdf

Tracker

https://www.courtlistener.com/docket/66802066/parties/firearms-regulatory-accountability-coalition-inc-v-garland/

Age restriction cases:

MCROREY V. Garland

:Copy of the Complaint:

https://storage.courtlistener.com/recap/gov.uscourts.txnd.376789/gov.uscourts.txnd.376789.1.0.pdf

:Tracker:

Fraser v. BATF:

:Copy of the complaint:

https://www.pacermonitor.com/public/filings/DKS2XAWQ/Fraser_v_Bureau_of_Alcohol_Tobacco_Firearms__vaedce-22-00410__0001.0.pdf

:Tracker: https://www.pacermonitor.com/public/case/44745098/Fraser_v_Bureau_of_Alcohol,_Tobacco,_Firearms_and_Explosives,_et_al

​

Older Cases still in litigation:

FRAC V Garland ( (1:23-cv-00003 ) )

:Copy of the complaint:

https://storage.courtlistener.com/recap/gov.uscourts.ndd.57065/gov.uscourts.ndd.57065.1.0.pdf

Tracker:

https://www.courtlistener.com/docket/66700926/firearms-regulatory-accountability-coalition-inc-v-garland/

Paxton v Richardson

:Copy of the Complaint:

Tracker:

https://www.pacermonitor.com/public/case/43660335/Paxton_et_al_v_Richardson#parties

Vanderstock v Garland

:Copy of the Complaint:

https://storage.courtlistener.com/recap/gov.uscourts.txnd.366145/gov.uscourts.txnd.366145.1.0.pdf

Tracker

https://www.courtlistener.com/docket/64886994/vanderstok-v-garland/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc

Duncan Vs. Becerra ( 3:17-cv-01017 )

:Copy of the Complaint: https://storage.courtlistener.com/recap/gov.uscourts.casd.533515/gov.uscourts.casd.533515.1.0_1.pdf

Tracker: https://www.courtlistener.com/docket/6082773/duncan-v-becerra/

US v. Rare Breed Triggers LLC

:Copy of the Complaint:

https://storage.courtlistener.com/recap/gov.uscourts.nyed.491328/gov.uscourts.nyed.491328.1.0.pdf

Tracker: https://www.courtlistener.com/docket/66761832/united-states-v-rare-breed-triggers-llc/

SAF v. BATF ( Case 3:21-cv-00116-B ) (filed 01/15/2021)

:Copy of the Complaint: https://www.saf.org/wp-content/uploads/2021/01/Complaint.pdf

Tracker: https://www.pacermonitor.com/public/case/37940607/Rainier_Arms_LLC_et_al_v_Bureau_of_Alcohol_Tabacco_Firearms_and_Explosives_et_al

Davis V. BATF ( 3:23-cv-00305 ) (Illinois)

:Copy of the Complaint:

Tracker: https://www.pacermonitor.com/public/case/47632146/Davis_v_Bureau_of_Alcohol,_Tobacco,_Firearms_and_Explosives

Cargill V. Garland (Bump Stocks)

Copy of the complaint:

https://storage.courtlistener.com/recap/gov.uscourts.txwd.1016479/gov.uscourts.txwd.1016479.70.0.pdf

Tracker:

Hardin v. Batf ( 20-6380 ):Copy of the Complaint:

:Copy of the Complaint:

​

:Tracker:

https://dockets.justia.com/docket/circuit-courts/ca6/20-6380?amp

DeWilde v. United States Attorney General (1:23-cv-00003) (NFA Sales Transfer)

:Copy of the Complaint:

https://storage.courtlistener.com/recap/gov.uscourts.wyd.62788/gov.uscourts.wyd.62788.1.0.pdf

:Tracker:

https://www.courtlistener.com/docket/66705676/dewilde-v-united-states-attorney-general/

Greene V. Garland (Weed)

:copy of the complaint:chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://saf.org/wp-content/uploads/2024/01/Greene-v.-Garland-Complaint.pdf

​

CONGRESSIONAL ACTS OF VALOR

Rick Scott "Stop Harrassing Owners of Rifles Today (Short) Act"Tracker:

https://www.congress.gov/bill/117th-congress/senate-bill/4986

Info on Texas issued subpoenas: https://www.texasbar.com/AM/Template.cfm?Section=Our_Legal_System1&Template=/CM/ContentDisplay.cfm&ContentID=23450

P. 45(c)((3)(B) In general, the motion should be filed as soon as possible if an agreement cannot be reached with the issuing attorney, and certainly no later than the earlier of (a) the time specified for compliance or (b) within 14 days after the service of the subpoena

​

131 Upvotes

99% Upvoted

9

u/amitymachine Feb 01 '23

Duncan V. Becerra

https://michellawyers.com/duncan-v-becerra/

10

u/DonDeveral Feb 02 '23

I don’t understand why he can’t just issue a ruling already against the state

7

u/Dorzack Feb 04 '23

I am not a lawyer, but my laymen understanding is his prior ruling was on text, history, and tradition. The 9th Circuit remanded it because the state argued based on tiered scrutiny. He has to show he has given the state due process after it was remanded. If he doesn't, it would be easier for the 9th to reverse any decision and remand it back again or even send it to a judge more favorable to the state.

5

u/DonDeveral Feb 06 '23

He can still issue a stay pending decision

6

u/steelhelix Feb 02 '23

What about the Civil case of DOJ vs Rare Breed Triggers?

4

u/Accomplished_Shoe962 Feb 02 '23

Best I can tell this case was dismissed, and has not been refiled. if you can find different info, please post a link and I will update above

5

u/steelhelix Feb 02 '23

https://www.justice.gov/usao-edny/pr/united-states-obtains-temporary-restraining-order-against-firearm-companies-illegally

Just got an injunction in civil court claiming that Rare Breed was selling machine gun components, without actually proving they were machine guns in the first place.

5

u/JimMarch Aug 19 '23

https://www.courtlistener.com/docket/66956292/meissner-v-city-of-new-york/

Meissner v NYC features in New Jersey attorney name of Peter Tilem who is suing on behalf of New Jersey and New York residents who are looking for New York carry rights.

In my opinion, the part of this case to watch is the New Jersey trucker (one of the named co-plaintiffs) who is trying to get carry rights in New York. Under New York penal law 400, because he doesn't live in New York and is not a merchant with a primary place a business in New York, he has no legal path whatsoever to obtain New York carry rights.

I've spoken to Peter by phone over this. I'm in the same boat except I'm from Alabama.

I told him to take a very close look at the 1999 US Supreme Court decision in Saenz v Roe which acts as a barrier to cross-border discrimination. The New Jersey trucker cannot get legal carye in New York while a New York resident can - that's discrimination. Under Saenz, whenever a lower court identifies a case of discrimination on the basis of state residence like this, the court identifying the discrimination is supposed to do a strict scrutiny analysis of that discrimination. The fact that anybody with a carry permit anywhere in America will have that permit recognized in more than half the states either by means of reciprocity or constitutional carry would factor into a strict scrutiny analysis.

I also explained that New York changing their scheme so that they would allow the New Jersey trucker to apply for a New York permit wouldn't save them. I know that in my situation, in order to get national carry rights I would need approximately 18 more permits and that's not even counting Guam and Puerto Rico and other territories. The total cost and ridiculous delays to get those 18 permits would utterly detonate the bans on excessive fees and excessive delays for carry rights found at Bruen footnote 9.

Peter specifically said he likes that argument. I'm assuming it will go into his motions; it's not critical that this or the Saenz based arguments go into the initial pleading.

11

u/jtf71 Feb 01 '23

For easier reference - these and all other cases can be looked at via the Court Case Tracker in the side bar if using old.reddit.com - not sure how to see it if using www.reddit.com

Also, Duncan v Bacerra is now Duncan v Bonta since the CA AG changed.

4

u/LonelyMachines How do I get flair? 🤔 Feb 05 '23

US v. Jared Michael Harrison. The Oklahoma District Court found that the § 922(g)(3) on possession of firearms by unlawful users of marijuana fails on the Bruen test and on Due Process. It also implicates the wording in the GCA that bans nonviolent felons from possessing firearms.

This is big, and I imagine it'll be appealed. I left some quotes and commentary here.

3

u/madengr Feb 02 '23

Nice post.

I assume GOA (GOF) is filing something, according to the email they sent. Too bad they didn’t have it already to drop.

If an injunction is placed on the “law”, is it only good for that district in which it was filed?

3

u/Ihideinbush Apr 12 '23

Any news on Bianchi vs Frosh? Oral arguments were in December. It shouldn't take 5 months for a ruling.

3

u/el_muerte28 Nov 13 '23 edited Nov 15 '23

The new Made In Texas Suppressors Lawsuit (Paxton v Dettlebach 23-10802)

https://www.courtlistener.com/docket/67683414/ken-paxton-attorney-general-state-of-texas-v-steven-dettelbach/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc

This was appealed from Paxton v Richardson.

2

u/SPENTCASES Feb 01 '23

Nice. Thanks for sharing

2

u/[deleted] Mar 07 '23

[deleted]

2

u/UnusedBackpack May 25 '23

I thought the oral arguments for this were done a little while ago. Do we know when an opinion is going to be issued?

1

u/[deleted] May 25 '23

[deleted]

2

u/UnusedBackpack May 25 '23

I think the summary judgement was granted.

2

u/Accomplished_Shoe962 May 15 '23

5/15/23 added:

Fraser v. BATF

Mcrororey v. garland

​

NO update on brace ban. Congress is failing us as much as the courts are

2

u/el_muerte28 Jun 20 '23 edited Jun 20 '23

The OTHER Mock v Garland

https://www.courtlistener.com/docket/67115921/mock-v-garland/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc

0

u/Accomplished_Shoe962 Jun 20 '23

they are both listed at the top

1

u/el_muerte28 Jun 20 '23

Thanks for updating it!

They both point to 4:23-cv-00095

2

u/cmhbob Nov 03 '23

Cargill has been granted certiorari by SCOTUS.

https://www.cbsnews.com/news/supreme-court-bump-stock-ban/

2

u/cmhbob Apr 14 '24 edited Apr 14 '24

Hoffman et al v. Bonta.

Christopher J Hoffman, Chad Orrin, Jennifer Sensiba and Firearms Policy Coalition, Inc. vs Rob Bonta in a case involving the ban on non-California residents carrying concealed weapons. All three named plaintiffs are former CA residents who previously held CA CCW permits until they left the state. They are seeking to have their out-of-state permits (PA, ID, and NM) recognized by California.

Edit: Complaint (PDF)

1

u/Accomplished_Shoe962 Apr 06 '23

Bumped with Cargill V. Garland for bumpstock appeal

1

u/dseanATX Oct 01 '24

VanDerStok is being argued before the Supreme Court next Tuesday.

1

u/Provia100F Oct 07 '24

What's the current status on SBR lawsuits? Any progress?

1

u/JimMarch 3d ago

Mate v Louisiana is a clever reciprocity case. While LA is mostly constitutional carry they still have a voluntary carry permit system which gives some significant benefits inside of the state of Louisiana, not just helping with carry in a few other states like Michigan.

LA won't issue to people in other states. This causes a discrimination problem banned by the US Supreme Court in Saenz v Roe 1999. The clever part is that this screwup by Louisiana gives FPC the ability to challenge this problem in the 5th Circuit where pro-2A judges are common as opposed to going after Hawaii or Oregon in the 9th Circuit or Illinois in the 7th.

Case links:

https://www.firearmspolicy.org/mate

My much more detailed criticism of this case is here:

https://old.reddit.com/r/gunpolitics/comments/1hofqw0/fpc_is_suing_louisiana_over_carry_permit/

1

u/Accomplished_Shoe962 Jan 23 '24

Greene V. Garland chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://saf.org/wp-content/uploads/2024/01/Greene-v.-Garland-Complaint.pdf