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 Rob Bonta; DOJ Bureau of Firearms Director Brent Orick
Litigation Counsel: John Dillon, Gatzke Dillon & Ballance LLP; George M. Lee, Seiler Epstein LLP
Docket: S.D. CA case no. 3:19-cv-01537, Ninth Circuit case no. 21-55608 | CourtListener Docket
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Key Events & Filings:
Court of Appeals
- 2021-6-16: Reply in Support of Emergency Motion to Stay Judgment Pending Appeal
- 2021-6-15: Brief of Arizona and 21 Other States in Support of Opposition to Emergency Motion Stay Judgment Pending Appeal
- 2021-6-15: Plaintiffs-Appellees' Opposition to Motion to Stay; Declaration ISO Opp. & Exhibits
- 2021-6-11: Filed clerk order: The court has received appellants’ emergency motion for a stay pending appeal. The response to that motion is due by 9:00 a.m. Pacific Time on Tuesday, June 15, 2021. The optional reply in support of the motion is due by 9:00 a.m. Pacific Time on Wednesday, June 16, 2021. The existing briefing schedule remains in effect.
- 2021-6-11: Preliminary Opposition to Motion to Stay
- 2021-6-10: Appellants' Emergency Motion to Stay Judgment Pending Appeal
District Court
- 2021-6-17: Order Granting Joint Motion to Stay Proceedings Related to Attorneys' Fees and Costs Pending Appeal
- 2021-6-10: Notice of Appeal
- 2021-6-4: Judgment
- 2021-6-4: Decision
- 2021-3-15: Defendants’ Response to February 26, 2021 Order
- 2021-2-26: Order for Firearm and First-Time Buyer data
- 2021-2-24: Plaintiffs’ Objections to Defendants’ Evidence and Trial Exhibits
- 2021-2-23: Plaintiffs’ Response to Defendants’ Post-trial Proposed Findings of Fact and Conclusions of Law
- 2021-2-23: Defendants’ Responses to Plaintiffs’ Proposed Findings of Fact And Conclusions of Law
- 2021-2-16: Plaintiffs’ Proposed Findings of Fact and Conclusions of Law
- 2021-2-16: Defendants’ Proposed Findings of Fact and Conclusions of Law
- 2020-11-18: Plaintiffs' Pretrial Brief; Exhibits; Witness List
- 2020-11-18: Defendants' Pretrial Brief; Exhibits; Witness List
- 2020-11-5: Plaintiffs' Supplemental Brief; Declarations
- 2020-11-5: Defendants' Supplemental Brief
- 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 Injunction; Attachments: # 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:
- 2021-6-16: California Files Reply Brief Urging Stay of Miller “Assault Weapon” Ban Injunction; 22 States File Brief Supporting Injunction, Opposing Stay
- 2021-6-15: FPC Files Opposition to California’s Motion to Stay the Injunction in Miller “Assault Weapon” Lawsuit
- 2021-6-11: FPC Files Preliminary Opposition to California’s Motion to Stay Injunction in Miller “Assault Weapon” Lawsuit
- 2021-6-10: FPC Statement on Calif. Gov. Gavin Newsom, Attorney General Bonta’s Press Conference on Appeal in FPC’s Miller v. Bonta “Assault Weapon” Lawsuit
- 2021-6-4: FPC Wins “Assault Weapon” Lawsuit in Historic Victory for Second Amendment Rights
- 2021-2-26: FPC Announces New Filings and Order in Lawsuit Challenging California’s “Assault Weapons” Ban
- 2021-2-18: FPC Files Proposed Findings of Fact and Law in Lawsuit Challenging California’s “Assault Weapons” Ban
- 2020-11-18: FPC Files Final Pre-Trial Brief in “Assault Weapon” Lawsuit
- 2020-9-23: Lawsuit Challenging California “Assault Weapon” Ban Moves Forward; Federal Judge Denies California’s Motion to Dismiss
- 2019-12-6: Gun Owners, Dealers Seek Injunction Against California “Assault Weapons” Ban on Common Semiautomatic Firearms
- 2019-8-15: Second Amendment Lawsuit Challenging California “Assault Weapon” Ban Filed in San Diego Federal Court
