LI: Non-resident U.S. citizen granted trial challenging ATF gun ownership restrictions

We last saw Attorney Alan Gura just last week, when we covered his oral arguments in front of the 9th Circuit en banc on the matter of “good cause” concealed carry requirements in California (see Full 9th Circuit hears “Good Cause” 2A Ruling and Analysis: Government’s laughable arguments in 9th Circuit 2nd Amendment case, both of which include video of the arguments as well as a rough transcript).

Today, we catch up with Gura again as he enjoys a favorable Second Amendment decision from the United States Court of Appeals for the District of Columbia in the case of Dearth v. Lynch (previously, Dearth v. Holder).  (The full decision is embedded at the bottom of this post)

This case has had a long and tortuous history, as noted today on Twitter by Gura himself:

Alan Gura Twitter 6-23-15

Of course, the case is far from over.  Indeed, what Gura has just won after fighting for this case now for more than six years is merely the right to take the case to trial. (The original complaint was filed March 27, 2009, and is also embedded below; indeed, it more clearly sets out the basic facts than does today’s ruling)

To read the whole post, head over to Legal Insurrection.

About the Author

Andrew Branca
Andrew F. Branca, Esq. is currently in his third decade of practicing law, and is an internationally-recognized expert on the law of self-defense of the United States. Andrew is a Guest Lecturer at the Federal Bureau of Investigation’s National Academy, a former Guest Instructor at the Sig Sauer Academy, an NRA Life-Benefactor Member, and an NRA Certified Instructor. He also teaches lawyers how to argue self-defense cases as a certified instructor with the Continuing Legal Education (CLE) system in numerous states around the country. Andrew is also a host on the Outdoor Channel’s TV show “The Best Defense” and contributor to the National Review Online. Andrew has been quoted as a SME (subject-matter expert) on use-of-force law by the Wall Street Journal, the Chicago Tribune, the Washington Post, and many other mainstream media, including nationally syndicated broadcast media. Recently, Andrew won the UC Berkeley Law School debate on “Stand-Your-Ground,” and spoke at the NRA Annual Meeting Law Symposium on self-defense law. He is also a founding member of USCCA’s Legal Advisory Board. In addition to being a lawyer, Andrew is also a competitive handgun shooter, an IDPA Charter/Life member (IDPA #13), and a Master-class competitor in multiple IDPA divisions.

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