Ninth Circuit: LEONARD FYOCK V. CITY OF SUNNYVALE

No abuse of discretion in denying preliminary injunction against ordinance restricting large-capacity magazine ordinance.

LEONARD FYOCK V. CITY OF SUNNYVALE

Fifth Circuit -- National Rifle Association, et al v. Bureau of Al

Dissent from denial of en banc:  As 18-20's were expected to serve in the militia at the Founding, they have a right to buy them now.

Pot-shot at "scattershot approach to history."

National Rifle Association, et al v. Bureau of Al

Seventh Circuit -- USA v. Steven Dotson

As the dilapidated gun pointed by the deft could still be regarded as something capable of firing bullets and was not beyond repair, it qualifies under the statute.

USA v.   Steven Dotson

Second Circuit -- United States v. Bryant

Guns --  Federal possession-in-furtherance statute survives 2A review.

United States v. Bryant

Third Circuit -- USA v. Nathaniel Benjamin

Constructive possession (inside house) of guns and drugs upheld.

Felon-in-possession is a continuing activity -- it therefore merges with the possession-in-house charge.

References to parolee status not unduly prejudicial.


USA v. Nathaniel Benjamin

Fourth Circuit -- Raymond Woollard v. Denis Gallagher

Reversal of summary judgment -- Maryland's good-and-substantial-reason requirement for gun carrying permits does not impermissibly infringe on 2A rights.

As-applied and facial challenges TKO'd.

Intermediate scrutiny, viz - "reasonably adapted."


Raymond Woollard v. Denis Gallagher

Tenth Circuit -- Peterson v. Garcia

Carrying of concealed firearms not protected by 2A / Privileges/Immunities.

Peterson v. Garcia

Third Circuit -- Association New Jersey Rifle a v. Governor of the State of New J

As state gun control law regulates, as opposed to prohibits, no preemption by Federal prohibition.

Gun paperwork not so onerous as to imperil lifelibertyproperty.

Association New Jersey Rifle a v. Governor of the State of New J

Second Circuit -- Osterweil v. Bartlett

O'Connor pinch-hits, upholding certified question to NY Court of Appeals on handgun restrictions.

Osterweil v. Bartlett

Tenth Circuit -- United States v. McGlothin

No plain error in allowing prior firearms "Incidents" in as more probative than prejudicial.

United States v. McGlothin

Seventh Circuit -- USA v. Jeffery L. Dickerson

Selling drugs for guns violates the law, too.

USA v. Jeffery L. Dickerson

Fourth Circuit -- US v. Nicolas Carpio-Leon

Illegal aliens do not have the 2A right to bear arms.

Right is limited to law-abiding members of the political community.

Deference to political branches on matters of immigration.

Statute survives rational basis, as illegal guns are a burden on commerce and a threat to government officials.


US v. Nicolas Carpio-Leon

Eighth Circuit -- United States v. William Stegmeier

Trial court correctly found mens rea for harboring a fugitive, given the transportation and off-the-books job-hunt.

Giving access to RV where gun is kept is sufficient for elements of statute prohibiting giving a firearm to a fugitive.

In that it was an RV and not a house, no 'host liability' theory for a 2A challenge.

United States  v.  William Stegmeier

Eighth Circuit -- United States v. Brandon Tyerman

Where deft discloses information to his attorney, and subsequently stipulates to that disclosure for his advantage in plea negotiations, disclosure of the facts prior to the stipulation is not a violation of attorney-client privilege, as an implicit waiver can be established.

Where evidence is only potentially useful to the deft, a motion to dismiss for destruction of evidence must establish bad faith, not just reckless conduct.

Where police do not usually compare contemporaneous-to-the-crime photos of the weapon with the weapon in evidence, police testimony doesn't open the door for the deft to present evidence on the weapon's destruction.

District court did no t err in denying spoliaiton instruction which would not require bad faith.

Prior bad acts appropriately in to establish constructive possession.

Intent to permanently deprive is not necessarily an element of federal weapons theft laws.

Creation of handcuff keys was a substantial step in attempting an escape.

 United States  v.  Brandon Tyerman

Seventh Circuit -- Michael Moore v. Lisa Madigan

Second Amendment arms-bearing is protected outside the home as well as inside the home.  Reason: at the time of the founding it was more perhaps dangerous outside than it was inside.  And there's no policy justification for the statute at issue.

State would have had to prove 'more than a rational basis' for the law to stand against 2A.

Dissent - Off the McDonald/Heller continuum - carrying outside is intrinsically more dangerous and susceptible to regulation, as evinced by the frequent regulation of it.

[Again, folks, these are quick summaries.  Especially today.  Entertainment value only.]



Michael Moore v. Lisa Madigan

Second Circuit -- Kachalsky et al. v. Cty. of Westchester et al.

New York 'proper cause' requirement to carry handgun doesn't offend 2A, 14A.

Gist of McDonald is guns at home -- carrying is a different calculus.

Quasi-strict scrutiny.

 

Kachalsky et al. v. Cty. of Westchester et al.

First Circuit -- US v. Roszkowski

Trial court did not abuse discretion in barring CI from testifying to prove entrapment -- deft had to meet an 'entry level burden' of production.

 Discharge of weapon during arrest isn't an unrelated bad act for purposes of FRE when charge is weapons possession - part & parcel.

Deft talking about hollowpoint bullets durong taped phone call not a a bad act, just part of the narrative of the crime.

Federal gun possession statutes not rendered unconstitutional by Sibelius under insufficient-commerce-for-the-commerce-clause theory.

 US v. Roszkowski

DC Circuit -- Dick Heller v. DC

D.C. Gun control laws authorized by statute.

Basic registration scheme does not impinge on 2A guarantees.

Aspects of current registration scheme implicate 2A under intermediate scrutiny - remand for facts.

Prohibitions on assault weapons survives intermediate scrutiny.

Dissent - Ban on semiautomatics & registration scheme unconstitutional under Heller.

Dick Heller v. DC