Topic
Every decision we've filed under Second Amendment.
The en banc Third Circuit invalidated New Jersey's restrictions on the possession of semiautomatic rifles and magazines holding more than ten rounds, while leaving other covered firearm categories for further proceedings on a fuller record.
The Eleventh Circuit affirmed the district court's judgment denying a motion to dismiss an indictment for possessing a machinegun conversion device. The court held that machineguns are not protected by the Second Amendment as weapons in common use for lawful purposes.
The United States Court of Appeals for the Ninth Circuit affirmed a district court dismissal of a challenge to federal firearm purchase requirements. The court held that requiring non-citizens to provide an alien registration number on Form 4473 does not violate the Second Amendment or related statutes.
The United States Court of Appeals for the Tenth Circuit enforced an appeal waiver contained in a defendant's plea agreement. The court dismissed the defendant's appeal regarding his conviction and sentence.
The Fifth Circuit affirmed the defendant's conviction for possession of an unregistered firearm while vacating a portion of the written judgment due to a clerical error. The court ordered the written sentence to be amended to match the district court's oral pronouncement regarding concurrent sentencing.
The United States Court of Appeals for the Eleventh Circuit affirmed the conviction of a defendant charged with possessing a machinegun. The court held that the Second Amendment does not protect the possession of machineguns under existing binding precedent.
The Eighth Circuit affirmed the denial of a motion to compel arbitration, holding that the Schlacks brothers were not parties bound by the partnership agreement's arbitration clause. The court found no clear and unmistakable evidence that the brothers agreed to delegate arbitrability questions to an arbitrator or that equitable estoppel and agency principles applied to bind them.
The Fifth Circuit affirmed the denial of Elijah Porter's motion to suppress evidence, holding that license plate reader data does not constitute a Fourth Amendment search. The court further ruled that the traffic stop was supported by reasonable suspicion and that the firearm was lawfully seized under the plain view doctrine.
The Second Circuit vacated a district court ruling that found New York City's Guaranty Law unconstitutional, holding that the plaintiffs lacked Article III standing at the summary judgment stage. Because the City has disavowed any intent to enforce the law against the landlords, there is no credible threat of injury to redress through federal court.