Tag Archives: Michel & Associates

Briefs Submitted in Challenge to San Francisco Gun Laws

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Briefs Submitted in Challenge to San Francisco Gun Laws that May Define Contours of Second Amendment Protections

On February 7, 2013 the NRA, the San Francisco Veteran Police Officers Association and several San Francisco resident civil rights activists, filed their opening brief in Jackson v. San Francisco in the Ninth Circuit Court of Appeals. The appeal seeks to overturn a November 2012 District Court ruling that upheld San Francisco’s draconian ordinances requiring handguns to be kept under lock and key at all times unless actually being carried, and banning the sale of common “hollow-point” self-defense ammunition. The plaintiffs are represented by the attorneys at the law firm of Michel & Associates, P.C.

This strategic Second Amendment civil rights case was filed in 2009 as one of the first “test” cases in the wake of the Supreme Court’s confirmation that the Second Amendment secures an individual, fundamental rights to arms in Heller v. District of Columbia. The Jackson case seeks to resolve many of the issues left unanswered by the Supreme Court in Heller, including the appropriate standard of review for future Second Amendment challenges, as well as the scope of the Second Amendment’s protections for ammunition and commercial transactions, among other things.

On February 14, four important amicus curiae or “friend-of-the-court” briefs were filed in support of the NRA’s efforts in the Jackson case.

Amici curiae Center for Constitutional Jurisprudence (CCJ), represented by constitutional law scholar and former Dean at Chapman University School of Law, Dr. John Eastman, and esteemed appellate litigator and former Chief Counsel for the Pacific Legal Foundation, Anthony T. (Tom) Caso. CCJ’s brief addresses the appropriate standard of review applicable to Second Amendment challenges. The brief explains that restrictions on fundamental rights are subject to the strictest judicial review, and that the fundamental right to arms is no different. Continue reading →

Total Ammunition Ban?

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Environmental Extremists’ Lead Bullet Ban + ATF’s “Armor Piercing” Ammo Ban = Total Ammunition Ban?

There are two more regulatory storm fronts moving in that may make it difficult or impossible to get the ammunition that firearm owners need to defend themselves and their families, and to engage in the shooting sports.

The uncoordinated attacks come separately from neo-enviro groups and from the Bureau of Alcohol, Tobacco, Firearms, and Explosives. But taken together, these two separate proposals from these two separate groups create a perfect storm that could potentially result in an absolute ban on almost all ammunition.

How?

The extremist environmental groups are trying to ban lead ammunition. Federal law already bans the use of lead ammunition to take water fowl, but these groups will not be satisfied until all lead ammunition use is prohibited. They claim that the minuscule levels of lead introduced into the environment by hunters causes harm to persons and wildlife (most notably the California condor). This junk science resulted in the state legislature passing a ban on lead ammunition in central California. Not content with leaving ammunition banned within California borders, the groups have expanded their push to ban lead ammunition into other states and at the federal level. Continue reading →

Connect With and Share The Self-Defense Defense Facebook Page

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The lawyers at Michel & Associates, P.C. are proud to announce the launch of a new Facebook page, The Self-Defense Defense, to compliment the other informative websites and Facebook page we currently host: www.michellawyers.com, www.CalGunLaws.com and the Michel & Associates/CalGunLaws Facebook page.

The Self-Defense Defense Facebook page curates news stories from across the country, and sometimes the world, about firearms owners using guns to defend themselves, their families, and their property. Recent high profile incidents involving firearms used in self defense make the launch of The Self-Defense Defense particularly timely. The real life examples of guns saving lives recounted on The Self-Defense Defense can be used by civil rights activists, firearms trainers, and others as evidence of what many of us already know, firearms are used many more times to prevent a crime from happening than they are mis-used by criminals. In a nutshell, firearms have social utility as tools of deterrence and protection. Usually, firearms stop a crime from happening without a shot being fired. The articles posted on The Self-Defense Defense also tell a cautionary tale of how using deadly force can result in legal troubles and be emotionally and financially draining.

Please go to The Self-Defense Defense Facebook page and the Michel & Associates/CalGunLaws Facebook page and “like” us, “share” us with your friends, trainers you may know, and anyone else you think may be interested. Continue reading →