Prohibited from Purchasing/Possessing Firearms
Dearth v. Holder No. 12-05305 No. 09-00587
Enos v. Holder No. 12-15498
United States
Challenging plaintiff's inability to purchase and receive firearms under federal law due to his lack of residence within any state (as a United States citizen who resides in Canada)
Following the district court’s dismissal of suit for lack of standing, plaintiffs filed a notice of appeal to the U.S. Court of Appeals for the D.C. Circuit. On 4/15/11, the D.C. Circuit reversed the district court’s decision and remanded the case for further proceedings. After the court granted the defendants’ motion for summary judgment and denied the plaintiffs’ motion for summary judgment on 9/27/12, the plaintiffs appealed the decision to the D.C. Circuit, where briefing is complete.
United States
Challenging federal law imposing a lifetime ban on handgun acquisition and possession for domestic violence misdemeanants, alleging that it conflicts with a California law that imposes a ten-year ban on firearm acquisition and possession by domestic violence misdemeanants.
On 2/28/12, the federal district court granted the defendants’ motion to dismiss the suit, holding that the law does not violate the Second Amendment. The plaintiffs have filed a notice of appeal to the U.S. Court of Appeals for the Ninth Circuit, where briefing is complete.
Fisher v. Kealoha No. 12-17199 No. 11-00589
City and County of Honolulu
Challenging Honolulu law enforcement officers’ exercise of discretion in denying state licenses to purchase firearms.
On 4/19/12, the district court granted in part and denied in part the defendants' motions to dismiss, allowing the plaintiff’s Second Amendment claim against the defendants to proceed. Additionally, on 6/29/12, the court granted the plaintiff’s motion for a preliminary injunction based in part upon a finding that the plaintiff is likely to succeed on the merits of his Second Amendment claim. On 10/1/12, after the court denied the defendants’ motion for reconsideration of the 6/29/12 order, Honolulu appealed the court’s decision granting the plaintiff’s motion for preliminary injunction to the U.S. Court of Appeals for the Ninth Circuit. However, on 10/31/12, the parties stipulated to dismiss the appeal voluntarily. The case is now proceeding in the district court where the plaintiffs have just filed motions for permanent injunction and summary judgment.
Lajous et al. v. Bruning et al. No. 13-03070
State of Nebraska
Challenging a state law prohibiting legal permanent residents from obtaining a concealed carry permit
The complaint was filed on 4/4/13. The Court granted defendants' motion for additional time to respond to the complaint and defendants now have until 5/27/13 to answer or otherwise respond to the complaint.
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