Firearms Policy Coalition
Updates in Hawaii, Virginia, and Nevada Cases in Today's FPC Daily 2A Legal Update
8/23/21
In today's FPC legal update, we have updates in cases from Hawaii, Virginia, and Nevada.
Issue: Carry
Court: Supreme Court
Action: Reply brief
The petitioners challenging Hawaii's carry laws filed a reply brief today that asks the Supreme Court to take up their lawsuit. The brief argues that the ultimate result of the Ninth Circuit's opinion is that "there is no Second Amendment right to carry outside the home in any form." The brief also argues that if the court does not chose to take up the case now, it should hold it until the resolution of NYSRPA v. Bruen, which could have an effect on this lawsuit. This case will be considered by the Supreme Court at its conference on September 27th.
Hirschfeld v. ATF
Issue: Under-21 handgun ban
Court: Fourth Circuit
Action: Reply in support of cross-motion for vacatur
The ATF filed a reply today in a lawsuit challenging the federal ban on handgun sales to under-21 adults, arguing that the lawsuit is now moot because the plaintiffs are over-21. The reply asks the court to vacate the opinion, which means the case would end and it would not become precedent for other cases. The reply also argues that "an age restriction spanning three years is not inherently too short in duration to be fully litigated," even though the lawsuit was filed in October 2018. The court will now make a decision on how this case will proceed.
Issue: "Ghost guns"
Court: District of Nevada
Action: State Defendants’ Reply to Plaintiffs’ Opposition to State Defendants’ Motion to Dismiss
In this lawsuit challenging Nevada's ban on self-built firearms and precursor parts, the state filed a reply in support of its motion to dismiss, which asks the court to end the case. The state argues that "Nevadans are free to assemble modern, operable guns, so long as they start from a serialized receiver and the resulting gun has a serial number" and that "[a] person interested in assembling his own gun can start with that serialized receiver and go from there." The judge will next make a decision on whether this case can continue.
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