FPC Daily 2A Legal Update – 9/8/21

Gun News

Updates in Gun Seizure and Bump Stock Cases in Today’s FPC Daily 2A Legal Update

9/8/21

In today’s FPC legal update, we have updates in cases involving gun seizures and the federal bump stock ban.


Caniglia v. Strom

Issue: Gun seizures

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Court: District of Rhode Island

Action: Plaintiff’s motion for partial summary judgment

In May, the Supreme Court held in this case that the so-called “community caretaking” exception to the Fourth Amendment, which allows certain warrantless searches of vehicles, does not extend to the home. The lawsuit is now back at the district court, where the plaintiff argues that the City of Cranston, Rhode Island is liable for its police officers’ enforcement of an “unwritten policy, custom and practice of seizing firearms from homes without a warrant and its written policy and unwritten custom and practice of seizing people for psychological evaluations without a warrant or court order.” The city will have an opportunity to respond to the motion before the judge makes a decision on it.


GOA v. Garland

Issue: Bump stocks

Court: Sixth Circuit

Action: Appellants’ supplemental reply brief

The plaintiffs in this lawsuit challenging the federal bump stock ban filed a supplemental brief this week, which argues that the 3-judge panel’s opinion striking down the ban was correct, and that the en banc panel (which is comprised of every active judge on the court) should come to the same conclusion. The brief also argues that “the government has flip-flopped on the law” throughout this case and “also flip flops on the facts, first having recognized that bump stocks do not harness recoil energy, then claiming that they do then, when challenged by Plaintiffs admitting they do not, but now again arguing that they do.” Oral arguments in this case are scheduled for October 20th.


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