New Orleans Municipal Code § 54-1 defines a stun gun or a Taser as a destructive device. “The term ‘destructive devi...
Today we filed a Taser challenge against the City of New Orleans
November 17, 2016
Today, New Jersey filed this letter with the Court, requesting that "... the Court schedule an in-person conference in the hopes of resolving this cas...
New Jersey requests "in-person" settlement conference in Taser case
November 16, 2016
Today, we received the following production in the NFATCA FOIA filed on behalf of Mr. Savage. For ease of reviewing, we have broken it into two separ...
ATF Delivers Documents in NFATCA FOIA Case
November 22, 2016
No fees for you: Court denies attorney's fees in NICS appeal case
June 19, 2017
In Ledet v. USA, the Court denied Ledet's Motion for Attorney's Fees because he is not the "prevailing party" in the litigation.
What is this case about? Well, it has to do with NICS and erroneous denials, and despite NICS having the corrected record, still denying Mr. Ledet his lawful firearm purchases. After NICS stopped processing appeals, individuals that were erroneously denied had but one option: sue the USA in federal court.
So, Mr. Ledet did that. And in less than a few months, was successful in being declared a lawful purchaser and owner of firearms. We dismissed the case and sought fees from the government. The court denied the fee motion.
When will Congress fix NICS? I've assisted in drafting some legislation that will change how these cases are litigated. For now, if the government simply rolls over immediately, like they did in this case, the Plaintiff is on the hook for his attorney's fees. If this legislation ever gets introduced and passed and signed into law, the government will be on the hook for fees. Why should an erroneously denied individual be on the hook for thousands of dollars to fix the government's mistake?
Good question. But, until Congress steps in, that's the way it is.