NRA Defends Freedom in U.S. Supreme Court Argument

The NRA’s commitment to freedom was on full display again this week.

On Monday, March 18, the Court heard oral arguments in the NRA v. Maria T. Vullo case, one of the nation’s most-important First Amendment matters. Vullo is the former financial regulator in New York who tried to “financially blacklist” the NRA in 2018.

The NRA argues that Vullo, at the behest of former New York Governor Andrew Cuomo, took aim at the NRA and used the regulatory power of the Department of Financial Services (DFS) to financially blacklist the NRA—coercing banks and insurers to avoid ties with the Association in order to suppress its pro-Second Amendment speech.

The NRA argues that Vullo’s actions were meant to silence the NRA by using “guidance letters,” backroom threats and other measures to cause financial institutions to “drop” the Association.

In response, on May 11, 2018, the NRA filed suit to enjoin the campaign and for money damages. After winning in the trial court, the NRA’s case was dismissed by the Second Circuit Court of Appeals in New York. Thereafter, the Association took its case to the highest court in the land. The NRA is joined by the ACLU, legal experts, constitutional scholars and 25 states in opposing Vullo’s actions.

ACLU National Legal Director and NRA counsel David Cole argued on Monday that Vullo and other New York officials abused their authority in violation of the First Amendment, telling the justices: “There’s no question on this record that they encouraged people to punish the NRA.” Cole said, “It was a campaign by the state’s highest political officials to use their power to coerce a boycott of a political advocacy organization because they disagreed with its advocacy.” Read more

GOA Files Appeal with PA Supreme Court in Challenge to Philly Gun Ban

Washington, D.C. — Late Friday, Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) filed a petition for allowance of appeal with the Supreme Court of Pennsylvania in their challenge to the City of Philadelphia’s ban on homemade firearms.

In a very confusing, fractured decision, a four judge “majority” of the Commonwealth Court voted to uphold Philadelphia’s ordinance that prohibited the manufacturing of homemade firearms stating that it did not violate Pennsylvania’s firearms preemption law.

Judge Ellen Ceisler wrote for the majority that Philadelphia’s ordinance did not regulate “firearms” but instead “merely prohibits the conversion of unfinished frames or receivers into firearms, as well as the use of certain manufacturing processes to create firearms from scratch, and bars the purchase, sale, or transfer of certain kinds of parts and machinery for purposes of those activities.”

“Judge Ceisler and the majority’s decision in the Commonwealth Court are clearly in error,”said Dr. Val Finnell, Pennsylvania Director for Gun Owners of America. “One cannot assert that the Pennsylvania General Assembly has preempted the entire field of firearms regulation and claim in the same breath that the City of Philadelphia’s ordinance does not regulate firearms, per se.” Read more

SAF Files Brief Supporting Permanent Injunction on Medical Marijuana 2A Ban

BELLEVUE, WA — Attorneys representing the Second Amendment Foundation and two individual plaintiffs in a federal lawsuit challenging the federal ban on gun ownership by medical marijuana users have filed a brief supporting their motion for a preliminary injunction in the case.

The brief was filed in U.S. District Court for the Western District of Pennsylvania. SAF is joined by Warren County, Pa., District Attorney Robert Greene, who has served in that office since 2013 and currently possesses a medical marijuana ID card under Pennsylvania law and James Irey, a veteran who was recommended medical marijuana but has refrained from obtaining a card as it would deny his ability to exercise his Second Amendment rights. They are represented by attorneys Adam Kraut, who serves as SAF’s executive director, and Joshua Prince of Bechtelsville, Pa. Defendants are Attorney General Merrick Garland, FBI Director Christopher Wray and ATF Director Steven Dettelbach, and the U.S. Government.

The lawsuit challenges restrictions contained in 18 U.S.C. §§ 922(g)(3), (d)(3), and all related laws, regulations, policies, and procedures, including, but not limited to, 27 C.F.R. §§ 478.32(a)(3), (d)(3) which prohibit firearms purchases and possession by persons who use marijuana or other controlled substances. Read more

Firearm Manufacturer Defendants File Motion for Judgement on the Pleadings in City of Gary Lawsuit

Defendants in the City of Gary public nuisance lawsuits are moving to end nearly quarter of a century of legal maneuverings after Indiana Gov. Eric Holcomb signed HB 1235 into law last week. Today the defendants filed a joint motion for judgement on the pleadings with the court. Indiana’s law that reserves the right to seek legal action against the firearm industry to state authorities, instead of municipalities, went into immediate effect when it was signed March 15.

“The time has come to end this legal charade. The City of Gary has had nearly 25 years to present a case for their frivolous claims and hasn’t been able to do so. That’s because there was no substance to their outlandish claims,” said Lawrence G. Keane, NSSF Senior Vice President & General Counsel. “Indiana’s new law allows the firearm industry, the state of Indiana and the City of Gary, to end this legal fishing expedition. The defendants in this case are ready to move on and resign this case to the same category as the many others like it from that era over two decades ago. This case is, and always was, frivolous, an abuse of the legal system and a losing strategy to bypass state and federal legislatures to implement special-interest gun control policy through the courts instead of through the elected bodies that represent the will of the people.”

The City of Gary, Ind., first filed their claims in 1999, as part of a coordinated effort by 40 big city mayors who conspired together through the U.S. Conference of Mayors with lawyers from the gun control group Brady United (formerly known as the Brady Center), and trial lawyers.

All these municipal lawsuits have either been dismissed by the courts, e.g., Atlanta, Chicago, New York, Los Angeles, San Fransico, Detroit and St. Louis, or simply dropped by several cities, e.g., Boston, Cincinnati and Camden. Many of these municipal lawsuits were dismissed based on state preemption laws enacted between 1999 to 2001 and upon which H.B. 1235 is modeled. Read more

SAF Files for Summary Judgment in Challenge to NY Gun Ban

BELLEVUE, WA – Attorneys representing the plaintiffs in a federal court challenge to New York’s ban on so-called “assault weapons” have filed a brief seeking summary judgment in the case, which is supported by the Second Amendment Foundation. The case is known as Lane v. Rocah.

SAF and the Firearms Policy Coalition have supported the case since it was filed in December 2022. Plaintiffs J. Mark Lane and James Sears are represented by attorneys Cody Wisniewski, Adam Kraut, who is also SAF’s executive director, and Nicolas J. Rotsko. The brief was filed in U.S. District Court for the Southern District of New York.

“Because New York has banned an entire class of firearms that are in common use across the country,” said SAF founder and Executive Vice President Alan M. Gottlieb, “and there is no historical evidence that could possibly justify such a law, we are continuing to support this case and believe the court should grant summary judgment. Read more

NSSF Praises Indiana Governor Signing Law to End City of Gary Lawsuit

NSSF®, The Firearm Industry Trade Association, praises Indiana Gov. Eric Holcomb’s signing of House Bill 1235, legislation that “provides that only the state of Indiana may bring or maintain an action by or on behalf of a political subdivision against a firearm or ammunition manufacturer, trade association, seller, or dealer concerning certain matters.” The bill “prohibits a political subdivision from otherwise independently bringing or maintaining such an action.”

The industry members the City of Gary sued are expected to promptly file a motion to dismiss the case based on this new law that became effective immediately upon the Governor’s signature. Lawyers representing the city acknowledged in their testimony opposing the bill that if it were to be enacted it would mean the City of Gary’s lawsuit will be dismissed. The City of Gary’s nearly quarter-century old frivolous lawsuit against firearm manufacturers seeks to hold them responsible for the criminal actions of unrelated and remote third parties. Read more

NSSF Applauds Missouri Resolution Supporting Commercial Utilization of Lake City Army Ammunition Plant

NSSF®, The Firearm Industry Trade Association, applauds Missouri state Rep. Aaron McMullen’s introduction of a concurrent resolution supporting the continued commercial utilization of Lake City Army Ammunition Plant. The resolution would mark the Missouri General Assembly’s support for the commercial utilization and urges the U.S. government to reject calls to end to program that allows the Lake City ammunition facility to remain fully staffed and able to operate at a sustained peak capacity to meet the ammunition needs of the U.S. warfighter.

“Lake City Army Ammunition Plant is undeniably a critical asset to our nation’s military readiness. The capability to supply our nation’s warfighters with the essential ammunition is made possible because commercial utilization invests in the skilled personnel and equipment, maintenance and training,” said Lawrence G. Keane, NSSF Senior Vice President & General Counsel. “Calls by certain politicians to end this program are incredibly short-sighted and dangerous. NSSF is grateful to Representative Aaron McMullen for his leadership to protect the critical role Lake City Army Ammunition Plant fulfills in our national defense.”

The U.S. Army began permitting commercial utilization over 20 years ago after officials realized during the ramp up to the wars in Iraq and Afghanistan that the facility did not have the trained workforce and production capacity to meet the military’s surge in demand for ammunition to support the U.S. warfighter. The Department of Defense (DoD) was forced to buy ammunition from foreign countries. The U.S. Army wisely adopted commercial utilization to ensure military readiness. Read more

GOA Appeals to SCOTUS in Illinois Lawsuit

Yesterday afternoon, Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) filed a petition for certiorari with the U.S. Supreme Court in their challenge to the Illinois ban on standard capacity magazines and so-called “assault weapons.”

These bans took effect in January 2023, and GOA quickly filed suit and secured an injunction from Judge Stephen McGlynn. As Judge McGlynn put it, the Illinois laws in question “seem to be written in spite of the clear directives in Bruen and Heller, not in conformity with them.”

Frustratingly, the anti-gun 7th Federal Circuit quickly blocked Judge McGlynn’s ruling, leaving Illinois gun owners with no choice but to request relief from the nation’s high court.

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

“GOA has been at the forefront of this challenge since before the bans even took effect, and while our goal was never to have to end up before the Supreme Court, we were fully prepared to do so.

“We urge the Justices to hear the pleas of millions of Americans in Illinois and several other states nationwide who cannot purchase many of the commonly owned semi-automatic firearms available today because of the unconstitutional laws passed by anti-gun politicians.” Read more

SAF Wins Summary Judgement in Cal. One Gun A Month Challenge

The Second Amendment Foundation has been granted summary judgement in a federal challenge of California’s One-Gun-A-Month (OGM) purchase law.

U.S. District Judge William Q. Hayes stayed his decision for 30 days for the defendants to facilitate an appeal.

SAF is joined by the North County Shooting Center, San Diego County Gun Owners Pac, PWGG, LP, Firearms Policy Coalition and six private citizens including Michelle Nguyen, for whom the case is named. They are represented by attorney Raymond M. DiGuiseppe of Southport, N.C. The case was filed in December 2020 and is known as Nguyen v. Bonta.

“This is a win for gun rights and California gun owners,” said SAF founder and Executive Vice President Alan M. Gottlieb. “There is no historical justification for limiting law-abiding citizens to a single handgun or rifle purchase during a one-month period, and Judge Hayes’ ruling clearly points that out.” Read more

SAF Files Respondents’ Brief to SCOTUS in Frame, Receiver Case

BELLEVUE, WA – The Second Amendment Foundation and its partners in a case challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ “final rule” redefining frames and receivers as firearms, have filed a response brief with the U.S. Supreme Court in a case known as VanDerStok v. Garland.

SAF is joined by Defense Distributed, Polymer80, Inc., and Not an LLC, LLC (doing business as JSD Supply). They are represented by Houston, Texas attorney Charles R. Flores.

The brief recalls how Congress enacted the Gun Control Act of 1968 pursuant to the Commerce Clause with no intention of discouraging or eliminating the private ownership or use of firearms by law-abiding citizens for lawful purposes. This includes the long-standing tradition of building personal firearms, and the original act defined “firearm” as a working gun, not a gun part, or kit, or incomplete firearm. In 1978, ATF promulgated a rule defining the “frame or receiver” of a firearm, taking the position that “receiver blanks” were not “firearms” under the 1968 Act. Read more

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