2A Legal Update

[Charlie T Waite]

Updates in Missouri, Wisconsin, and Virginia Cases in Today's FPC Daily 2A Legal Update

8/27/21

In today's FPC legal update, we have updates in cases from Missouri, Wisconsin, and Virginia.

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St. Louis v. Missouri

Issue: Second Amendment Sanctuary

Court: Missouri State Court

Action: Final Judgment

In this lawsuit, a Missouri judge denied an attempt to strike down the state's new Second Amendment Protection Act, which restricts how much state and local police can help enforce federal gun laws. The law is set to go into effect tomorrow.

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Roundtree v. Wisconsin

Issue: Prohibited persons

Court: Supreme Court

Action: Cert petition reply

A reply brief was filed today in this lawsuit where the petitioner is permanently prohibited from owning guns due to 18-year-old convictions for failure to pay child support. The reply argues that the court should take the case because it "raises important, unsettled questions regarding whether an as-applied challenge can ever be raised against a categorical, permanent firearm dispossession law." The reply also argues that if the court does not want to take the case now, it should be held pending the result of NYSRPA v. Bruen.

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Hirschfeld v. ATF

Issue: Under-21 handgun ban

Court: Fourth Circuit

Action: En banc petition

The government filed an en banc petition today in this lawsuit challenging the ban on handgun sales to under-21 adults. The petition asks the entire court to rehear the case, saying that the 3-judge panel's opinion "disregards Supreme Court guidance and calls into question the ability of Congress and state legislatures to impose even modest restrictions such as the one at issue here." The petition also argues that the lawsuit is moot and should be vacated, although the government's motion requesting that is still pending. The court will now decide if it wants to rehear the case, or request a response from the plaintiffs before making a decision.