Updates in “Assault Weapon” and Bump Stock Cases in Today’s FPC Daily 2A Legal Update

8/3/21

In today’s FPC legal update, we have updates in cases that involve New York’s “assault weapon” ban and the federal bump stock ban.


Does v. Suffolk County

Issue: Assault weapons ban

Court: Second Circuit

Action: Brief in opposition to motion for preliminary injunction

In this lawsuit, the plaintiffs argue that Suffolk County is asking them to turn in their CT4-2A firearms despite them being legal in New York. The county responded to those claims today, saying that the firearms are actually illegal under New York’s “assault weapons” ban. The county also claimed that it wants the firearms to “be presented for ‘inspection’ and ‘disposition'” rather than confiscated, although it is not clear how that is ultimately any different. The plaintiffs will now have a chance to file a reply brief before the court makes a ruling on the injunction motion (which asks the court to stop the county from trying to collect the firearms).


Aposhian v Garland

Issue: Bump stocks

Court: Supreme Court

Action: Cert petition

In this case, the plaintiff asked the Supreme Court to hear a lawsuit challenging the federal bump stock ban. Previously in this case, the Tenth Circuit upheld the ban, but then chose to rehear it en banc (with every judge on the panel instead of only three). However, the court subsequently decided to vacate the rehearing and leave the 3-judge panel opinion in place. The government will now have an opportunity to respond to the petition before the court decides whether to take up the case.


 





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