Updates in Fourth Circuit and Supreme Court Cases Today's FPC Daily 2A Legal Update

8/9/21

In today's FPC legal update, we have updates from cases at the Fourth Circuit and Supreme Court.

Hirschfeld v. ATF

Issue: Under-21 handgun ban

Court: Fourth Circuit

Action: Response to motion to intervene

The ATF filed their response to a motion to intervene today in this lawsuit challenging the ban on handgun sales to adults under-21. The ATF's brief argues that the lawsuit is moot because the plaintiffs have all turned 21, and that the court should vacate the 3-judge panel's opinion (which would make it as if it didn't happen). The ATF also argues that the lawsuit shouldn't be under the "capable of repetition, yet evading review" exception to mootness because "[a]n age restriction that spans three years is not inherently too short in duration to be fully litigated before the case could become moot." The proposed intervenors will likely have a chance to respond to the ATF's arguments before the court makes a decision on the motion.

Roundtree v. Wisconsin

Issue: Prohibited persons

Court: Supreme Court

Action: Brief in opposition

Wisconsin filed an opposition brief today in this lawsuit where the petitioner is permanently prohibited from owning guns due to 18-year-old convictions for failure to pay child support. In its brief, the state argues that the court should not take up the case because "[t]he Wisconsin Supreme Court broke neither new nor controversial ground in this well-litigated area of Second Amendment law," and because the Supreme Court "has consistently denied petitions advancing virtually identical questions..." The petitioners will have an opportunity to respond to the state's brief before this case goes to the court's conference on September 27th.