By Tanya Metaksa
What’s New—California: For the first week of 2024 California gun owners with carry permits were living under SB2 until the Merits panel of the US Court of Appeals for the Ninth Circuit reinstated Judge Carney’s preliminary injunction; Colorado: NAGR v. Polis: Rocky Mountain Gun Owners began the year by challenging Colorado’s day-old law banning so-called “ghost guns”; New York: Lane v. Rocah: For one year NY politicians have tried to stop this case by challenging standing, but Judge Karas denied their motions. The case continues; Virginia: LeFave v. County of Fairfax, Virginia: a complaint against Fairfax County’s ban on firearms in parks.
California: Ninth Circuit: Dec. 30, 2023, US Court of Appeals for the Ninth Circuit three-judge Motions panel, stayed the District Court’s injunction in the combined cases of Carralero v. Bonta and May v. Bonta. Then they sent it to a “Merits” panel for further adjudication. Thus on Jan. 1, SB2 went into effect which prohibited those with carry permits from carrying in “specific sensitive places”. There are very few places in the state that are NOT specific sensitive places under that law.
However, on Jan. 6 the Merits panel reinstated the injunction that had been ordered by District Judge Cormack J. Carney and denied the state of California’s motion for a stay. Californians with carry permits are now no longer prohibited from carrying firearms in the same manner they were able prior to Dec. 30.
Colorado: Tenth Circuit: NAGR v. Polis was filed in the US District Court for the District of Colorado on Jan. 1, the day that Bill 23-279 went into effect. The Rocky Mountain Gun Owners’ press release stated that they were “challenging the constitutionality of Colorado’s newly enacted homemade firearm ban, Senate Bill 23-279. The federal court lawsuit aims to overturn the ban, which infringes on Second Amendment rights.”
New York: Second Circuit: Lane v. Rocah: This case was brought on Dec. 30, by two plaintiffs J. Mark Lane and James Sears, who wish to buy ‘assault weapons’ which are prohibited by New York State law. District Attorney Miriam E. Roach and Superintendent NIgrelli spent the entire 2023 trying to dismiss this case on the basis of “standing.” On Jan. 4, Judge Kenneth M. Karas of the US District Court for the Southern District of New York denied the defendants motions to dismiss and found that the plaintiffs have standing. He also set a schedule as follows: Plaintiffs motion for summary judgment due by Feb. 9, defendants responses by March 11, and plaintiffs reply by March 25.
Virginia: Fourth Circuit: LaFave v. County of Fairfax, Virginia: On Nov. 22, 2023, Kimberly LeFave, a paralegal and an NRA-certified Firearms Instructor, who uses Fairfax County park trails for recreation, dog-walking and other activities, is suing the County of Fairfax that has made the county’s 23,632 acres of public parts a sensitive place that bans the public possession of firearms. A motion for a preliminary injunction has been filed. On Jan. 5, the County of Fairfax has filed a brief that is being supported by Everytown Law from New York City in which they argue that they can ban guns in public parks because there are crowds and because children are present.
