By C.D. Michel Michel & Associates filed an amicus curiae (friend of the court) brief today in the California Court of Appeal, in support of the Sierra Club’s lawsuit against Orange County to obtain GIS parcel data under the California Public Records Act (PRA). The PRA is an invaluable tool that MAPC uses regularly on behalf of its clients...
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Although the case is still pending and a final ruling is yet to be issued, NRA's intervention on behalf of its members in the case Center for Biological Diversity v. U.S. Bureau of Land Management, et al., has already resulted in several legal victories. CBD’s lawsuit, filed on January 27, 2009, alleges that the Bureau of Land Management...
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by Joshua R. Dale and Tamara M. Rider Appellate decisions and legislation in the wage-and-hour field have, in recent years, resulted in significant changes in how wage-and-hour claims would be litigated. 2008, for example, brought the Brinker Restaurant Corp. v. Superior Court(4th Dist.) 165 Cal. App. 4th 25 decision, which employers saw as a step back from an...
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Acting quickly, on December 14, 2010, attorneys for the NRA, CRPA Foundation, and a number of San Diego residents filed a Notice of Appeal to the Ninth Circuit Court of Appeals seeking to overturn a Southern District Court ruling from December 10, 2010 that upheld San Diego Sheriff William Gore’s restrictive policies on issuing permits to carry concealed...
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The California Department of Toxic Substances Control (DTSC) has submitted its Proposed Regulations to the Office of Administrative Law that would implement the so-called "Green Chemistry Initiative." The submission begins the official rulemaking process, including the public comment period. To see the proposed regulations click here . Visit link: NRA AND CRPA FOUNDATION SUBMIT COMMENTS OPPOSING CALIFORNIA DTSC...
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The Limits of Crime-Gun Trace Data A new article published by the University of Wyoming’s Firearms Research Center examines how ATF and California crime-gun trace data can be misinterpreted to imply wrongdoing by lawful firearm retailers. The Limits of Crime-Gun Trace Data, authored by Jason A. Davis, C.D. “Chuck” Michel, and Anna M. Barvir, responds to recent reporting...
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The United States Supreme Court concluded its current term by granting certiorari in the consolidated cases of Viramontes v. Cook County and Grant v. Higgins, marking another significant development in Second Amendment jurisprudence. The cases present several important constitutional questions that have remained unresolved. Among them: What qualifies as an "arm" protected by the Second Amendment? How...
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In a major victory for Second Amendment advocates nationwide, the United States Supreme Court today issued its decision in Wolford v. Lopez, holding that Hawaii's expansive "sensitive places" carry restrictions violate the Second and Fourteenth Amendments. The Court reversed the Ninth Circuit's prior ruling and reaffirmed that states may not broadly prohibit the carrying of firearms in...
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The U.S. Supreme Court issued an important Second Amendment decision in United States v. Hemani, striking down the federal government's attempt to prosecute a firearm owner under 18 U.S.C. § 922(g)(3) based solely on his status as an unlawful user of marijuana. The case involved a man who used marijuana several times per week and possessed a...
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The Supreme Court's continued consideration of Duncan v. Bonta has become one of the most closely watched developments in Second Amendment litigation. After being relisted more than 20 times, the case is approaching historic territory and has left gun owners, legal scholars, and constitutional advocates wondering when the Court will finally act. At the heart of Duncan...
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As the firearms industry and Second Amendment community continue waiting for movement from the Supreme Court in Duncan v. Bonta, the national legal landscape surrounding magazine bans continues to intensify. Last week, the federal Department of Justice announced a lawsuit challenging Colorado’s prohibition on magazines capable of holding more than 15 rounds. The action adds even more...
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A decisive court victory in Junior Shooting Sports Magazines, Inc. v. Bonta has struck down California’s unconstitutional restrictions on so-called “youth marketing” in the firearms space—protecting both First and Second Amendment rights. The ruling confirms that the State overstepped its authority by attempting to limit lawful communications and suppress youth participation in shooting sports. Just as importantly,...
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Michel & Associates, P.C. is proud to celebrate a decisive and complete victory in Junior Shooting Sports Magazines, Inc. v. Bonta—a landmark challenge to California’s unconstitutional attempt to ban lawful communications about firearms, firearm-related products, and events allegedly “targeting minors.” Gavin Newsom signed California Assembly Bill 2571 in an effort that threatened junior shooting sports and sought...
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After years of uncertainty for pro-Second Amendment cases before en banc panels in the Ninth Circuit, Rhode v. Bonta now heads into oral argument on March 25 in Pasadena before what may be the most favorable panel composition we could hope for. In a special edition of California Rifle & Pistol Association TV released this afternoon, Chuck...
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In a significant Second Amendment development, the Benson v. United States decision from the District of Columbia Court of Appeals has struck down Washington, D.C.’s ban on so-called “large-capacity magazines,” ruling in a 2–1 decision that the restriction violates the Second Amendment. The ruling carries national implications because it creates a direct conflict with the position taken...
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