Biden Holdovers at DOJ Move to Stall GOA Victory in Lawsuit Against ATF

Gun Owners of America (GOA) and Gun Owners Foundation (GOF), alongside the states of Texas, Louisiana, Utah and Mississippi have filed an opposition to the Department of Justice’s (DOJ) motion to stay our ongoing lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The case, which seeks to block the Biden Administration’s unlawful “engaged in the business” rule, had already seen a victory at the lower court, where a judge granted a preliminary injunction in favor of the plaintiffs. But now, the DOJ is attempting to stall the case by asking for a stay, which could delay a resolution for an indefinite period of time.

In our response filed today, GOA and the Texas Attorney General’s office made it clear that the DOJ’s request to stay the case only serves to further entrench the issue in a “quagmire of administrative process and serial litigation.” As the case is now on the brink of resolution, the DOJ’s actions seek to prolong the legal uncertainty, making it harder for gun owners to defend their rights.

The DOJ’s request to stall this victory is not only baseless but also indicative of the entrenched anti-gun agenda within DOJ’s bureaucracy.

This legal battle is part of a larger fight to protect the Second Amendment rights of all Americans. GOA and the Texas Attorney General’s office are working tirelessly to ensure that the ATF’s overreach is held in check, demanding that the DOJ cease its efforts to derail the court from deciding our case. On the campaign trail, President Trump said: “Biden is trying to ban all private gun transfers in the United States with a stroke of a pen. Under a Trump administration, all of those Biden disasters get ripped up and torn out my first week.” Read more

Contact Governor Youngkin Today and Oppose The Antigun and Anti-industry Bills

On Saturday, February 22, the Virginia General Assembly adjourned sine die from its 2025 legislative session. Like last year, Democrats in both the Senate and House passed a plethora of antigun and anti-industry bills that, if signed, will negatively affect manufacturers, retailers and consumers. Governor Glenn Youngkin, like last year, has indicated that he will not sign bills that unjustly attack the industry and penalize individuals that choose to exercise their Second Amendment rights. Please contact Governor Youngkin’s office and let him know you appreciate him standing in support of the industry.

Industry Specific Bills passed this year include: Read more

GOA & GOF Filed Reply Brief in NY Court to Expand Victory from NYC to Statewide Access for Nonresident Concealed Carry

GW: “…unconstitutional restrictions on nonresidents seeking to carry concealed firearms in public for self-defense.”

Washington, D.C. — Gun Owners of America (GOA) and Gun Owners Foundation (GOF), on behalf of Carl Higbie and two other plaintiffs, have filed an Opposition to New York’s Cross-Motion for Summary Judgment in the Northern District of New York, responding to the state’s defense of restrictive concealed carry permit laws. Our work here aims to expand the victory previously won when New York City began to allow nonresidents to apply for permits to the entire state of New York, removing the current barriers that confine nonresident concealed carry access to just New York City.

This legal action is part of our ongoing commitment to dismantle unconstitutional gun laws that restrict the rights of law-abiding citizens across the country. We argue that New York’s current laws violate the Second and Fourteenth Amendments by imposing unconstitutional restrictions on nonresidents seeking to carry concealed firearms in public for self-defense.

The state’s Cross-Motion for Summary Judgment focused on saying first, that New York does not prohibit nonresident permit applications, and second, defending local regulations that limit nonresidents’ ability to apply for permits to carry firearms in the state. We countered with a powerful response, reaffirming that New York’s restrictive policies infringe upon the fundamental right to self-defense and are out of step with state and federal law and the rest of the country.

Erich Pratt, GOA’s Senior Vice President, issued the following statement:

“Our rights, protected by the Constitution, aren’t up for debate—period. We are not backing down in our fight against New York’s unconstitutional policies. GOA and GOF will continue to fight to ensure that the Second Amendment rights of all Americans, including nonresidents, are upheld. We will not rest until every law-abiding citizen is free to exercise their constitutional right to carry a firearm for self-defense, wherever they are.”

Sam Paredes, on behalf of Gun Owners Foundation, added: Read more

NSSF Urges ATF to Heed Senators’ Call to Kill Unlawful Gun Control Regulations

“…shall not be infringed.”

WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, urges the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to heed the call by U.S. Sen. John Cornyn (R-Texas) and 29 other U.S. Senators to quickly act on President Donald Trump’s Executive Order to review and roll back unconstitutional gun control regulations and rules that were levied on the firearm industry by the previous White House administration.

A letter, sent to Marvin G. Richardson, ATF Deputy Director, specifically called on the agency to formally end the “engaged-in-the-business” rule, the pistol-brace rule, the “ghost gun” rule and ATF’s “zero tolerance” policy that has forced small business firearm retailers to lose or surrender their licenses for minor clerical errors discovered during inspections.

“The previous administration wielded the ATF like a hammer and anvil against the firearm industry, turning the regulatory agency into one that punished and carried out a radical gun control agenda designed to diminish Second Amendment rights. President Donald Trump – along with Senator John Cornyn and these dozens of other senators – are righting the ship and returning ATF to its mandated role as a law enforcement agency focused on combatting violent crime and to act as a non-partisan regulator of the firearm industry,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “The rules specifically identified by the senators were designed to punish the firearm industry and usher in gun control outside of the legislative process. NSSF has protested these rules ever since they were announced and is heartened that the Trump administration and the Senate is acting quickly to protect Second Amendment rights and the lawful firearm industry. NSSF encourages ATF to act quickly on Senator Cornyn’s letter and enact these reforms to roll back unconstitutional overreaches brought by the Biden administration.”

In addition to urging the ATF to roll back the punishing and unconstitutional measures, the Senate letter urges ATF to “immediately destroy the hundreds of millions of ATF Form 4473 firearm transaction records and other licensee records that are over 20 years old. These records have no particular law enforcement value but do contain the sensitive information of millions of law-abiding gun owners.”

NSSF concurs with this request as those two-decade-old background check forms hold little value providing actionable law enforcement leads to solve crimes. This action would ensure gun owners’ privacy is protected and reduce administrative burdens to firearm trace requests. Prior to the Biden administration, federal firearm licenses were not required to retain these records after 20 years.

Only Congress Can Enact Federal Legislation, FPC Groups Argue in Supreme Court Brief

WASHINGTON, D.C. – Firearms Policy Coalition (FPC) announced the filing of a brief with the United States Supreme Court in the case of FCC v. Consumers’ Research, which is set to address the question of when and how Congress may delegate its authority to administrative agencies. The brief can be viewed at FPCLaw.org.

“Amici have a particular interest in this case for two reasons. Amici litigate cases in federal court around the country, and the question added by the Court concerning the availability of mootness exceptions is of great importance to Amici,” the brief explains, as “firearms cases frequently risk becoming moot, and the contours of the mootness doctrine are thus extremely important to Amici. Of even greater import to Amici is reigning in unconstitutional delegations of legislative power. Individual liberty, including the right to keep and bear arms, is routinely violated under the guise of broad delegations to administrative agencies.”

“The Supreme Court should affirm the Fifth Circuit’s ruling in this case and make clear that only Congress can make federal law,” said FPC President Brandon Combs. “Congress may not continue to unconstitutionally delegate its law-making power to federal agencies like the ATF to abuse peaceable gun owners throughout the United States.”

“This case presents the Supreme Court with an opportunity to correct course and restore the protections that are inherent in the Constitution through our Nation’s separation of powers,” said FPC Action Foundation President Cody J. Wisniewski. Read more

GOA, GOF, & Allies File Reply Brief in Challenge to Tenn. Restrictions on Public Firearm Carry

GW:  Can’t believe Tennessee can be this restrictive.  “…Tennessee’s laws lack historical precedent…”  

Gun Owners of America, Gun Owners Foundation, & Allies File Reply Brief in Challenge to Tennessee’s Unconstitutional Restrictions on Public Firearm Carry

Washington, D.C. — Gun Owners of America (GOA), together with Gun Owners Foundation (GOF) and individual plaintiffs, have filed a reply brief in their ongoing challenge to Tennessee’s unconstitutional restrictions on carrying firearms in public. The case, filed in the Chancery Court for the State of Tennessee, 28th Judicial District, Gibson County, seeks to have Tenn. Code Ann. §§ 39-17-1307(a) and 39-17-1311(a) declared unconstitutional for criminalizing the public carry of firearms.

Tennessee’s laws impose broad restrictions on carrying firearms in public spaces, such as parks, effectively criminalizing the right to self-defense. In our reply brief, we argue that these laws violate both the Second Amendment and Article I, Section 26 of the Tennessee Constitution, which protects the right to bear arms. We assert that these statutes improperly treat the right to bear arms as an affirmative defense, rather than fully protecting the constitutional right to self-defense in public.

We also contend that Tennessee’s laws lack historical precedent and fail to meet the standards set by recent Supreme Court rulings, such as Bruen, which require a historical analysis to determine the constitutionality of modern firearm regulations. Specifically, we challenge Tennessee’s argument that public places, like parks and polling stations, can be designated as “sensitive places” where gun rights can be restricted. We reject these claims, noting that such restrictions are inconsistent with the Nation’s historical tradition surrounding the right to bear arms.

The Court will likely schedule a hearing in the near future. GOA, GOF, and our allies are seeking a court order to invalidate these laws and restore the full right to carry firearms in public spaces, including parks, for self-defense purposes without the need for exceptions or affirmative defenses. Read more

FRAC and Franklin Armory Score Major Victory Against ATF in Lawsuit

The U.S. District Court in North Dakota issued its opinion in the Firearms Regulatory Accountability Coalition (“FRAC”)-Franklin Armory firearms classification-related lawsuit against ATF. In his ruling, Judge Daniel M. Traynor vacated the ATF’s prior misclassifications of Franklin Armory’s Reformation and Antithesis firearms. Judge Traynor’s ruling solidifies what the firearms industry has known for years—that the ATF has been abusing its firearms technology classification powers.

Per the Court’s opinion:

Franklin Armory presented a square peg, and ATF shoved it into a round hole. If Congress wanted “shotgun” to be a catch-all category for anything that doesn’t fit “rifle,” it could have done so. . . . . It is not for ATF to redefine the terms because it thinks Congress didn’t intend a certain outcome. Therefore, ATF exceeded its authority in defining “smoothbore” as anything lacking “functional rifling.” Read more

PA Supreme Court to Hear GOA’s, GOF’s Challenge to Philadelphia’s Private Firearm Manufacturing Ban

Gun Owners of America (GOA) and Gun Owners Foundation (GOF), together with several individual gun owners, are pleased to announce that the Pennsylvania Supreme Court has granted our petition for allowance of appeal. This means that the Pennsylvania high court will now hear our challenge to the City of Philadelphia’s unconstitutional ban on the private manufacture of firearms.

GOA’s lawsuit challenges Philadelphia’s ordinance that restricts the manufacturing of firearms, components, and attachments for personal use. We argue that the ban violates Pennsylvania’s preemption statute, the Uniform Firearms Act (UFA), along with infringing Article I, Section 21 of the Pennsylvania Constitution, which guarantees the right to bear arms.

Philadelphia’s ordinance, which prohibits the private manufacturing of firearms through processes like 3D printing or completing unfinished firearm frames, directly contradicts state law, which preempts all local firearm regulations. GOA’s petition argued that the Philly ordinance infringes upon the constitutional right to self-defense and violates the UFA, which gives the General Assembly exclusive power to regulate firearms. Read more

GOA, 2A Allies Challenge Massachusetts’ Unconstitutional Ban on Firearms for 18- to 20-Year-Olds

GW: Another example of over-reaching government in an attempt to circumvent the Constitution. We pay our taxes and then they’re used against us. Any wonder why we commoners are behind President Trump and DOGE? Go get ’em!

Gun Owners of America (GOA), Firearms Policy Coalition (FPC), the National Rifle Association (NRA), the Second Amendment Foundation (SAF), Gun Owners Action League (GOAL), and Commonwealth Second Amendment (Comm2A), alongside plaintiff Mack Escher, have filed a lawsuit challenging Massachusetts’ unconstitutional restrictions on 18- to 20-year-old adults possessing, purchasing, or carrying semiautomatic firearms and handguns. The lawsuit, filed in the U.S. District Court for the District of Massachusetts, argues that the state’s laws violate the Second and Fourteenth Amendments by infringing upon the constitutional rights of young adults.

Under H.B. 4885, Massachusetts has enacted a law that completely bans 18-to-20-year-olds from acquiring, possessing, or carrying semiautomatic firearms and handguns, leaving them defenseless and stripping them of their fundamental rights. The plaintiffs argue that this ban has no historical precedent and directly contradicts Supreme Court rulings that affirm the Second Amendment’s protection of firearms for self-defense. And as the complaint makes clear, historically, 18-year-olds were even required to keep and bear the same sort of common firearms that older citizens owned.

GOA and its 2A allies are seeking a court order declaring the law unconstitutional, a permanent injunction against its enforcement, and an award for attorney’s fees and costs. Read more

Court Blocks Maine’s 72-Hour Waiting Period Law in NSSF Supported Challenge

GW: “…shall not be infringed.”

NSSF®, The Firearm Industry Trade Association, lauds the decision by the U.S. District Court for the District of Maine to grant a preliminary injunction of the state’s 72-hour waiting period law handed down today. The law, passed in 2024, required firearm retailers to delay delivery to a law-abiding citizen of lawfully-sold firearms for three days after an FBI National Instant Criminal Background Check System (NICS) verification allows a transaction to proceed. The challenge to the law is supported by NSSF.

“This decision by the court is an affirmation that unconstitutional delays on the free exercise of rights are not in compliance with Second Amendment rights guaranteed by the U.S. Constitution,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “Rights delayed are rights denied. The decision to enjoin this law while it is challenged in court ensures that law-abiding Mainers are not encumbered and deprived of their rights to keep and bear arms after they have proven they are not prohibited from legally possessing a firearm.”

The court rejected Maine Attorney General Aaron Frey’s argument that the Second Amendment does not protect the right to acquire a firearm as “interpretative jui jitsu that would make Kafka blush,” and which the “Supreme Court would view with great skepticism.”

The lawsuit against Maine’s Attorney General Frey was filed by several individuals, federally licensed firearm dealers (FFLs) and an organization that provides firearm training. One of the plaintiffs is a domestic-abuse survivor and certified firearm instructor who offers self-defense classes to victims and survivors. Maine’s 72-hour waiting period law prevents the women she assists from adequately defending themselves against abusive partners who pose a credible and imminent threat to their physical safety, as it forces them to wait three days to secure a firearm even when they have passed the NICS background check. Likewise, another plaintiff—a federally licensed firearm dealer—has been forced to delay sales to qualified individuals with time-sensitive needs, including a single woman who was being stalked and a married couple whose home was burglarized. These stories are emblematic of the countless number of individuals whose rights have been denied and whose safety has been put in jeopardy due to Maine’s 72-hour waiting period.

NSSF supported the plaintiffs who brought the challenge to the law that passed in the wake of the tragic and senseless murders in Lewiston, Maine. State lawmakers, and Maine Gov. Janet Mills, passed and enacted the law under pressure by gun control groups to “do something.” The law they crafted does little to improve public safety and only denies the Constitutional rights of those who obey the law. A commission studied the tragic murders and concluded that multi-agency failures, including by the U.S. Army Reserve and local law enforcement, were to blame for the threat posed by the murderer.

For more information, visit nssf.org.

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