#CourtCase

Most of you here already know that KE Arms is knee-deep in a court battle over the design of the KP-15 monolithic polymer lower receiver. While KE Arms will not ask for direct support in the form of direct donations, they are indeed seeking the help of the 2nd Amendment community via purchases from their website. They are also now seeking information from current or former GWACS customers who have had communications with the company that were not disclosed during the discovery phase (the trial phase where both sides exchange information about the witnesses and evidence that they will present at trial). It is because of this fact that KE Arms is requesting that anyone with communications with GWACS Armory regarding product improvements, manufacturing information, or product improvement suggestions for the CAV-15 lower forward this info to KE Arms. It is hoped that these communications between GWACS and its customers will help KE Arms in their ongoing battle over alleged infringements regarding the KP-15 design. Full details directly from KE Arms are below.

The Bundeswehr launched their program to select a new service rifle to replace the G36 in the spring of 2017, since then there has been a hard-fought selection process followed by court proceedings but it appears there may finally be an outcome. Following a ruling by the Düsseldorf Higher Regional Court, it now seems that the Bundeswehr will select the Heckler & Koch’s HK416 A8.

Buckle up, buckaroos. We’ve got some dense legalese to get through today. On March 25, 2021, the Sixth Circuit Court of Appeals, in a 2-1 decision, reversed and remanded a lower court decision that denied a preliminary injunction against the ATF’s enforcement of the bump stock ban. I know that many of you are thinking the same thing that I had thought. Wait, what? I thought the whole bump stock ban thing was already over and done? A done deal, set in stone, lost and never to return. But it appears this is not the case, so without any further ado, let’s get into the meat of the matter.

In a shocking ruling issued Monday, September 28th, the Superior Court of Pennsylvania issued an opinion holding that the Protection of Lawful Commerce in Arms Act (PLCAA) of 2005 is unconstitutional under the 10th Amendment. This ruling comes from a lawsuit that emerged after the tragic death of 13-year-old J.R. Gustafson. It may have wide-reaching consequences, but it is not over yet.

This morning, August 14th, 2020, the 9th Circuit Court of Appeals has struck down California’s law against magazines that can hold more than 10 rounds of ammunition. Those who have been following this case for some time may recall that back in March 2019 the Honorable Judge Benitez temporarily struck down California Penal Code section 32310. This is the section of California law that relates to magazine capacity limits. Specifically, it makes it illegal to have any “large-capacity magazine”.  Punishments ranged from a $100 fine per magazine up to a year in county jail. That ruling resulted in “Freedom Week”, also known as the California Airlift or the Great California Magazine Rush, before the ruling was stayed pending a hearing by the 9th Circuit.

The New York State Rifle and Pistol Association (NYSRPA)  filed a new brief in their lawsuit against New York City’s handgun laws. The case has gathered rapt attention and has the potential for a decision as sweeping as DC v. Heller more than a decade ago. This brief, filed late in the day on Tuesday, May 7th, concerns the merits of the case. Those who have been following the developments in the lawsuit carefully will find little new information contained in the filing. However, for those of us following the case closely, it’s fascinating reading.

On April 4th, 2019, the Hon. Roger T. Benitez granted a partial injunction against his prior order. All sales of standard capacity magazines to California are to end by 5pm on Friday the 5th. Attorney General of California Xavier Becerra filed an ex parte order before the court. In it, he requested that Judge Benitez stay his prior judgment pending an appeal to the 9th Circuit. The court granted his motion, in part. California magazine imports to citizens will once again come to a halt.

A court in Kiel, Germany has come to a preliminary agreement with the legal counsel for three SIG Sauer executives which, in return for a guilty plea, will see the Sig Sauer employees avoid prison sentences.

A Stuttgart court has passed judgement in the case that accused five Heckler & Koch employees of illegally selling firearms to Mexico. Heckler & Koch were found guilty of breaking Germany’s ‘War Weapons Control Act’ by selling over 4,000 HK G36s to the Mexican government buyer. As a result the company have been fined 3.7 million Euros or $4.2 million.