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Summary: Federal Second Amendment lawsuit challenging California’s ban on so-called “assault weapons”

Plaintiffs: James Miller; Wendy Hauffen; Neil Rutherford; Adrian Sevilla; Ryan Peterson; Gunfighter Tactical, LLC; John Phillips; Poway Weapons and Gear; San Diego County Gun Owners PAC (SDCGO); California Gun Rights Foundation (CGF); Second Amendment Foundation (SAF); Firearms Policy Coalition, Inc. (FPC)

Defendants: California Attorney General Xavier Becerra; DOJ Bureau of Firearms Director Brent Orick

Litigation Counsel: John Dillon, Gatzke Dillon & Ballance LLP; George M. Lee, Seiler Epstein LLP


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Key Events & Filings:

2020-10-19: Evidentiary Hearing set for 09:30am in Courtroom 5A before Judge Roger T. Benitez

2020-9-23: Order on Defendants' Motion to Dismiss

2020-3-16: MINUTE ORDER issued by the Honorable Roger T. Benitez: In keeping with the Covid-19 related recommendations of United States President Donald J. Trump, as well as medical experts as to social distancing, this Court hereby exercises its discretion and vacates the current motion hearing date of March 19, 2020. Notice of a new motion hearing date and time will be given at a later date. (no document attached) (gxr)

2020-3-13: Letter to the Court (requesting telephonic/video hearing, joined by Defendants)

2020-2-4: NOTICE: Change of Motion Hearing on MOTION to Dismiss for Lack of Jurisdiction Certain Claims in First Amended Complaint, MOTION to Dismiss for Failure to State a Claim, MOTION for Preliminary Injunction and Declaratory Relief: Motion Hearing reset for 3/19/2020 10:00 AM in Courtroom 5A before Judge Roger T. Benitez. (no document attached) (gxr)

2020-1-30: Reply Brief (to Defendants' Opposition) in Support of Motion for Preliminary Injunction and Declaratory Relief; Declaration of Robert A. Marguiles, M.D. in Support of Plaintiffs' Motion for Preliminary Injunction

2020-1-24: Motion by Everytown for leave to file amicus brief in support of Defendants Opposition and proposed brief

2020-1-23: Defendants' Opposition to Plaintiffs' Motion for Preliminary InjunctionAttachments: # 1 Declaration of Lucy P. Allen, # 2 Declaration of Christopher B. Colwell, M.D., # 3 Declaration of John J. Donohue, # 4 Declaration of Blake Graham, # 5 Declaration of Louis Klarevas, # 6 Declaration of John D. Echeverria, # 7 Exhibit 1 to Echeverria Declaration, # 8 Exhibit 2 to Echeverria Declaration, # 9 Exhibit 3 to Echeverria Declaration, # 10 Exhibit 4 to Echeverria Declaration, # 11 Exhibit 5 to Echeverria Declaration, # 12 Exhibit 6 to Echeverria Declaration, # 13 Exhibit 7 to Echeverria Declaration, # 14 Exhibit 8 to Echeverria Declaration, # 15 Exhibit 9 to Echeverria Declaration, # 16 Exhibit 10 to Echeverria Declaration, # 17 Exhibit 11 to Echeverria Declaration, # 18 Exhibit 12 to Echeverria Declaration, # 19 Exhibit 13 to Echeverria Declaration, # 20 Exhibit 14 to Echeverria Declaration, # 21 Exhibit 15 to Echeverria Declaration, # 22 Exhibit 16 to Echeverria Declaration, # 23 Exhibit 17 to Echeverria Declaration, # 24 Exhibit 18 to Echeverria Declaration, # 25 Exhibit 19 to Echeverria Declaration, # 26 Exhibit 20 to Echeverria Declaration, # 27 Exhibit 21 to Echeverria Declaration, # 28 Exhibit 22 to Echeverria Declaration, # 29 Exhibit 23 to Echeverria Declaration, # 30 Exhibit 24 to Echeverria Declaration, # 31 Exhibit 25 to Echeverria Declaration, # 32 Exhibit 26 to Echeverria Declaration (32MB PDF)

2020-1-15: NOTICE of Change of Motion Hearing as to [16-1] MOTION to Dismiss for Lack of Jurisdiction Certain Claims in First Amended Complaint, [16-2] MOTION to Dismiss for Failure to State a Claim, [22-1] MOTION for Preliminary Injunction and Declaratory Relief: Motion Hearing reset for 2/6/2020 02:00 PM in Courtroom 5A before Judge Roger T. Benitez. Opposition briefs are to be filed no later than 1/23/2020. All reply briefs are to be filed no later than 1/30/2020. (no document attached) (gxr) (Entered: 01/15/2020)

2020-1-15: Minute Order issued by the Honorable Roger T. Benitez: DENYING 25 Motion to Stay Proceedings Pending Resolution of Related Appeals; DENYING 27 Ex Parte Motion to Stay re 16 Motion to Dismiss for Lack of Jurisdiction Certain Claims in First Amended Complaint Motion to Dismiss for Failure to State a Claim, 22 Motion for Preliminary Injunction and Declaratory Relief Pending Ruling on Defendants' Motion to Stay. (no document attached) (gxr) (Entered: 01/15/2020)

2019-12-23: Plaintiffs' Opposition to Defendants' Ex Parte Application to Stay 

2019-12-19: ORDER Granting Joint Motion (26), Continuing Hearing on Motion for Preliminary Injunction and Motion to Dismiss. Motion Hearing continued for 1/29/2020 10:00 AM before Judge Roger T. Benitez. Defendants opposition to the preliminary injunction motion is due by January 16, 2020, Plaintiffs reply in further support of the preliminary injunction motion is due by January 23, 2020, and Defendants reply in further support of the motion to dismiss is due by January 23, 2020. Signed by Judge Roger T. Benitez on 12/19/2019. (mme) (Entered: 12/20/2019)

2019-12-19: Defendants' Ex Parte Application for Stay

2019-12-18: Joint Motion to Continue Hearing on Plaintiffs Motion for Preliminary Injunction and Defendants' Motion to Dismiss Certain Claims

2019-12-13: Defendants' Motion to Stay Proceedings

2019-12-13: Notice of Errata RE: Plaintiffs' Motion for Preliminary Injunction (PDF 21MB) (Attachments: #1 Notice of Motion and Motion for Preliminary Injunction, #2 Memo of Points and Authorities in Support of Motion for Preliminary Injunction, #3 Declaration of Ashley Hlebinsky in Support of Plaintiffs' Motion for Preliminary Injunction, #4 Declaration of James Miller in Support of Plaintiffs' Motion for Preliminary Injunction, #5 Declaration of Wendy Hauffen in Support of Plaintiffs' Motion for Preliminary Injunction, #6 Declaration of Ryan Peterson in Support of Plaintiffs' Motion for Preliminary Injunction, #7 Declaration of John Phillips in Support of Plaintiffs' Motion for Preliminary Injunction, #8 Declaration of Neil Rutherford in Support of Plaintiffs' Motion for Preliminary Injunction, #9 Declaration of Adrian Sevilla in Support of Plaintiffs' Motion for Preliminary Injunction, #10 Declaration of John Lott in Support of Plaintiffs' Motion for Preliminary Injunction)

2019-12-6: Plaintiffs' Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction; Declarations of plaintiffs and experts (PDF 44MB); Video of Comparison of California "Featureless" AR-15 vs. Standard AR-15 (Adam Kraut)

  • Plaintiffs: James Miller; Wendy Hauffen; Neil Rutherford; Adrian Sevilla; Ryan Peterson and Gunfighter Tactical, a firearms dealer; John Phillips and Poway Weapons and Gear, a training facility, firearms dealer, and NSSF 5-Star shooting range; advocacy organizations San Diego County Gun Owners (SDCGO) PAC; California Gun Rights Foundation (CGF); Second Amendment Foundation (SAF); and Firearms Policy Coalition (FPC);
  • Experts: Law professor and scholar, George Mocsary; arms, tactics, militia, and history expert Major General D. Allen Youngman (ret.); historian and firearm technology expert Ashley Hlebinsky; firearms, tactics, use of force, ballistics, and training expert Emanuel Kapelsohn; James Curcuruto, National Shooting Sports Foundation’s Director of Research and Market Development; and economist and crime researcher Dr. John Lott, president of the Crime Prevention Research Center; and attorney, modern firearms expert, and FPC Director of Legal Strategy, Adam Kraut); 

2019-12-4: Plaintiffs' Opposition to Defendants' Motion to Dismiss Certain Claims

2019-11-20: Hearing on Defendants' Motion to Dismiss (doc. 16) set for 12/18/2019 10:30 AM in Courtroom 5A before Judge Roger T. Benitez

2019-11-20: MINUTE ORDER issued by the Honorable Roger T. Benitez: Granting 17 Joint Motion for Leave to File Excess Pages of Briefs Regarding Plaintiffs' Motion for Preliminary Injunction

2019-11-19: Joint Motion to Exceed Page Limit of Briefs Regarding Plaintiffs' Motion for Preliminary Injunction

2019-10-25: Defendants' Motion to Dismiss Certain Claims

2019-9-27: First Amended Complaint

2019-8-20: ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Roger T. Benitez and Magistrate Judge Jill L. Burkhardt for all further proceedings. Judge John A. Houston, Magistrate Judge Andrew G. Schopler no longer assigned to case. Create association to 3:17-cv-01017-BEN-JLB. The new case number is 19-cv-1537-BEN-JLB. Signed by Judge Roger T. Benitez on 8/16/2019. Signed by Judge John A. Houston on 8/20/2019. (tcf) (Entered: 08/20/2019)

2019-8-15: Complaint

Related News Releases:

2019-8-15: Second Amendment Lawsuit Challenging California “Assault Weapon” Ban Filed in San Diego Federal Court