2A Legal Update

[Charlie T Waite]

Updates in Hawaii and New York Cases in Today's FPC 2A Legal Update

9/14/21

In today's FPC legal update, we have updates from two cases from Hawaii and one from New York.

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Yukutake v. Connors

Issue: Gun registration

Court: District of Hawaii

Action: Opposition to motion to stay

The plaintiffs in this lawsuit challenging two of Hawaii's gun registration laws filed a brief arguing that the opinion should be allowed to go into effect. The opposition argues that the state failed to show that it is likely to be successful at the Ninth Circuit, and that it was "shocking" to see it argue for a stay because the opinion "will encourage more people to apply for permits and registrations." The opinion is set to go into effect on September 22nd, so the judge is likely to make a decision on the state's motion soon.

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Roberts v. Cummings

Issue: Stun guns

Court: Ninth Circuit

Action: Appellant's opening brief

In this lawsuit, the plaintiffs argue that the stay in their lawsuit challenging Hawaii's stun gun ban should be lifted, thereby allowing the case to proceed at the district court. They argue that the case has unnecessarily been delayed for 658 days with "no end in sight," and that the case is not moot because "Mr. Roberts also sought damages for the violation of his Second Amendment rights, something that the change in legislation will not effect..." Hawaii's brief in this case is due on October 14th.

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Does v. Suffolk County

Issue: "Other" firearms

Court: Second Circuit

Action: Brief for plaintiffs-appellants

In this lawsuit, the plaintiffs are challenging the Suffolk County Police Department's decision to consider the CT4-2A Other Firearm a banned gun under New York law. The brief argues that the Second Circuit should reopen this case, send it back to the district court, and stop the county from enforcing its policy while the case continues. The county will now have an opportunity to file a response brief in this case.