Updates in Lawsuits from California, Illinois, and Rhode Island in Today's FPC Daily 2A Legal Update

6/14/21

In today's FPC legal update, we have updates in cases dealing with California's gun sales system, a carry license denial in Illinois, and a gun seizure in Rhode Island that was recently heard by the Supreme Court.

Franklin Armory v. California DOJ

Issue: Gun sales

Court: California state court

Action: Decision on demurrer

In this lawsuit, Franklin Armory claims that California blocked the sale of certain types of otherwise-legal firearms (such as buntline revolvers, butterfly grip firearms, and their Title 1 series) by neglecting to add the necessary options to a drop-down menu in their Dealer Record of Sale system. The company also claims that the purpose of this delay was to lobby the legislature to enact a law banning the company's Title 1 series firearms, thus preventing any from ever being sold in the state. Earlier this month, a Los Angeles judge overruled the state's demurrer, which is a legal filing that attempts to have claims in the lawsuit thrown out while the case is in its early stages. In doing so, the judge noted that while the state may have discretion in the way it implements the firearm sale system, "it is no large jump to conclude that it cannot arbitrarily discriminate in the system it must implement." The state has until June 23rd to file an answer to the plaintiff's complaint.

White v. Illinois State Police

Issue: CCL denial

Court: Seventh Circuit

Action: Appellants' reply brief

A reply brief was filed in a lawsuit that challenges the denial of a concealed carry license (CCL) in Illinois. The brief argues that the Concealed Carry Licensing Board's determination that Mr. White is a "dangerous person" violated his rights, and that allowing the board to make that determination makes Illinois' carry license scheme similar to may-issue states like New York, which the Supreme Court has recently decided to take a closer look at. With the briefing complete in this case, the court will next determine if oral arguments will occur in this case, and if so, when those will take place.

Caniglia v. Strom

Issue: Gun seizures

Court: First Circuit

Action: Judgment

Last month, the Supreme Court held that the so-called “community caretaking” exception to the Fourth Amendment, which allows certain warrantless searches of vehicles, does not extend to the home. Today, the First Circuit (where the lawsuit was appealed from), sent the case back to the district court with instructions to make a determination in the case that complies with the Supreme Court's opinion. The district court will now determine how it wants to proceed, which could include the filing of additional motions and briefs. You can learn more about this case and read the brief FPC filed in it here.