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CRPA Jan-Feb 2016

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COURT REPORT<br />

arm retailers and other<br />

lawsuits are coming soon!!!<br />

OTHER LITIGATION<br />

EFFORTS<br />

<strong>CRPA</strong> also provides<br />

assistance in a number of<br />

Second Amendment cases<br />

by participating as an amicus<br />

curiae or “friend of the<br />

court.” Recent examples<br />

of amicus efforts in cases<br />

that may impact the rights<br />

of California firearm owners<br />

and shape future challenges<br />

to California firearm<br />

laws include the following:<br />

Pena v. Lindley — This<br />

case seeks to overturn California’s<br />

ban on common,<br />

constitutionally protected<br />

handguns that are not included<br />

on the DOJ’s “roster”<br />

of handguns approved<br />

for sale in the state. <strong>CRPA</strong><br />

submitted an amicus brief<br />

in support of the appeal.<br />

Oral arguments are expected<br />

to take place in <strong>2016</strong>.<br />

All filings in the case<br />

can be viewed here: http://<br />

michellawyers.com/guncasetracker/penavcid/<br />

Nesbitt v. U.S. Army<br />

Corps of Engineer — This<br />

suit challenges a total ban on<br />

the possession and carriage<br />

of firearms on public and<br />

recreational Army Corps’<br />

lands. The district court held<br />

that the restriction violated<br />

the Second Amendment, and<br />

the state appealed. <strong>CRPA</strong><br />

filed an amicus brief in support<br />

of the plaintiffs.<br />

All filings in the case can<br />

be viewed here: http://michellawyers.com/morris-v-u-sarmy-corps-of-engineers/<br />

Silvester v. Harris –<br />

This suit challenges California’s<br />

10-day waiting period<br />

for persons who already own<br />

a firearm. In 2014, the district<br />

court issued a ruling that<br />

the waiting period is unconstitutional<br />

as applied to individuals<br />

who already own<br />

firearms. The State appealed<br />

the decision and briefing is<br />

now completed before the<br />

Ninth Circuit Court of Appeals.<br />

<strong>CRPA</strong> filed an amicus<br />

brief in support of the plaintiffs.<br />

Oral arguments are expected<br />

to take place in <strong>2016</strong>.<br />

Friedman v. City of<br />

Highland Park- This case<br />

challenges bans on socalled<br />

“assault weapons”<br />

and “large-capacity” magazines<br />

ban in the City of<br />

Highland Park, Illinois.<br />

The plaintiffs appealed the<br />

case to the United States<br />

Supreme Court. <strong>CRPA</strong> and<br />

NRA lawyers recently prepared<br />

an amicus brief that<br />

was filed by NRA in the<br />

Supreme Court urging the<br />

Court to accept the case.<br />

All filings in the case<br />

can be viewed here: http://<br />

michellawyers.com/guncasetracker/friedman/<br />

Wrenn v. District of<br />

Columbia-This case challenges<br />

Washington D.C.’s<br />

“good reason” requirement<br />

to obtain a CCW. The<br />

<strong>CRPA</strong> Foundation recently<br />

filed an amicus brief, along<br />

with several prominent historians<br />

and legal scholars,<br />

in support of the plaintiffs.<br />

All filings in the<br />

case can be viewed here:<br />

http://michellawyers.<br />

com/wrenn-et-al-v-distsrict-of-columbia-et-al/<br />

Civil rights attorney C.D. Michel<br />

is President and General Counsel<br />

for <strong>CRPA</strong>. He is a former prosecutor<br />

and currently runs the law firm<br />

Michel & Associates, PC in Long<br />

Beach. The firm’s clients include the<br />

NRA and <strong>CRPA</strong>, as well as firearm<br />

manufacturers, distributors, retailers<br />

and owners.<br />

Written by long-time <strong>CRPA</strong> and<br />

NRA attorney and member C.D.<br />

Michel, this book explains the<br />

state and federal firearm laws affecting<br />

firearm owners, and particularly<br />

warns about legal traps<br />

and troublesome “gray areas.”<br />

Available now at<br />

www.crpa.org<br />

10<br />

JAN. / FEB.

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