Brown vs. ATF: FPC & Allies File Lawsuit to Strike Down the NFA

ST. LOUIS — Today, the Firearms Policy Coalition announced a major new lawsuit, Brown v. ATF, challenging the federal National Firearms Act (NFA) of 1934. FPC is joined in the case by two individuals and one retailer, as well as the American Suppressor Association, National Rifle Association, and Second Amendment Foundation. Key case documents for the lawsuit are available at firearmspolicy.org/brown.

This important case challenges the NFA on two separate grounds. First, the plaintiffs claim, the NFA exceeds the limited, enumerated powers granted to Congress in Article I of the Constitution. Moreover, they say, the NFA also violates the right to keep and bear arms protected under the Second Amendment. The challengers are seeking a declaratory judgment and an injunction against the government’s enforcement of the NFA with respect to some NFA firearms which are now untaxed due to the recently enacted One Big Beautiful Bill Act.

Brown closely follows FPC’s recently filed challenge to New Jersey’s ban on so-called “short-barreled rifles” in FPC v. Platkin, as well as its challenge to the NFA’s suppressor regulations in United States v. Peterson, and the end of the Biden ATF pistol brace ban rule that was vacated through FPC’s Mock v. Garland case.

“The National Firearms Act isn’t just unconstitutional, it’s a tyrannical abomination,” said Firearms Policy Coalition President Brandon Combs. “Not only does the NFA violate your Second Amendment rights, but Congress never had the lawful authority to pass it in the first place. Read more

SAF Seeks Supreme Court Review in Young Adult Handgun Purchase Ban Challenge

The Second Amendment Foundation and its partners have petitioned the U.S. Supreme Court for review in Brown v. ATF, SAF’s challenge to the federal ban that prevents adults aged 18 to 20 from purchasing handguns from licensed dealers.

SAF’s Petition for Certiorari highlights the circuit split that has emerged on the issue, with the Fifth Circuit striking down the law earlier this year in SAF’s Reese v. ATF case, while the Fourth Circuit upheld it in Brown. Joining SAF in the case are the West Virginia Citizens Defense League and a private citizen, Alec La Neve.

“The issue of 18-20-year-olds purchasing handguns is split between two circuit courts across the nation,” said SAF Executive Director and attorney of record in the case Adam Kraut. “Additionally, the circuit courts are split as to the ability of this age group being able to acquire and carry firearms more broadly. There is no doubt that adults under 21 are part of “the People” and therefore should be afforded the same rights as other adults, and in particular, be able to fully exercise their Second Amendment rights by purchasing a handgun – the ‘quintessential self-defense weapon.’ We are optimistic the High Court will agree to hear the case and end the confusion that permeates the rights of this group of adults once and for all.” Read more

Dorsey Discusses How Trump Administration Could Streamline Air Travel with Firearms in Forbes

“The Trump Administration recently announced a review of TSA policies designed to simplify travel ahead of major US events like the FIFA World Cup, Olympics and America250 anniversary celebrations.

America’s 83 million gun owners are hoping that review will include a streamlined approach to air travel with firearms. For millions of gun owners who fly with firearms each year, the process is seen as unnecessarily burdensome, while at the same time adding little to public safety.

With nearly a third of the adult population in the country owning at least one firearm, it’s not surprising that millions of gun owners want to travel with them for a wide variety of reasons ranging from recreational shooting and hunting to personal protection and competition.”

To read the rest of the column click here

Ninth Circuit Strikes Down California’s Background Check Requirement for Ammo Purchases in NRA Backed Case

The Ninth Circuit Court of Appeals ruled that California’s law requiring a background check for each ammunition purchase violates the Second Amendment in Rhode v. Bonta—a case backed by the National Rifle Association and California Rifle and Pistol Association.

The Ninth Circuit applied the text-and-history test set forth in the NRA’s landmark Supreme Court victory, NYSRPA v. Bruen.

“The Ninth Circuit has ruled California’s ammunition law violates the Second Amendment and is unconstitutional,” said NRA Executive Vice President and Chief Executive Officer Doug Hamlin. “This is just one example of the NRA-backed cases in which we fight for the constitutionally protected rights of NRA members and law-abiding gun owners in California.” Read more

SAF Defeats Motion to Dismiss in CRPA v. LASD CCW Permit Challenge

A District Court judge in California has denied in part a Motion to Dismiss (MTD) in a ruling that favors the Second Amendment Foundation (SAF) and its partners in CRPA v. LASD, SAF’s challenge to lengthy concealed carry permit wait times in Los Angeles.

The Los Angeles Sheriff’s Department’s (LASD) filed a motion to dismiss most aspects of SAF’s claims and limit any relief going forward to only the individual plaintiffs listed in the lawsuit. The court found that SAF can sue on behalf of all its members, and not just those who are specifically named in the lawsuit. Now, as the case proceeds to final judgment, any relief SAF wins will be on behalf of all its members.

“One of LASD’s main arguments in their Motion to Dismiss was that any relief obtained would not apply to all SAF members who have applied for a permit with LASD, only to the listed individual plaintiffs, which is absurd,” said SAF Director of Legal Research and Education Kostas Moros. “Every SAF member, regardless of their affiliation with this case, faces the same long wait times, period. We are grateful the judge in this case saw through this thinly veiled attempt to subvert the Second Amendment rights of California residents.” Read more

FPC Files Major Appellate Brief in Lawsuit Against New York City

NEW YORK – Firearms Policy Coalition (FPC) has commenced appellate briefing at the Second Circuit Court of Appeals in Calce v. City of New York, the organization announced today. The lawsuit, filed in 2021, directly challenges New York City’s ban on electronic arms like stun guns and tasers. But the case is not just about less-lethal arms, FPC says, because the appellate court — which covers New York, Connecticut, and Vermont — will, for the first time since the Supreme Court’s 2022 Bruen decision, have to address constitutional protection for ‘arms’ following a final judgment.

This, FPC argues, makes the case critically important for all arms, since the framework the court ends up applying in the case will most likely affect how the Second Amendment is enforced against many other gun control laws in the circuit. Read more

SAF Applauds DOJ Proposed Rights Restoration Rule

BELLEVUE, Wash. —— The Second Amendment Foundation (SAF) announced support for the proposed Department of Justice rights restoration rule submitted today and is encouraged to see a process for firearms rights restoration begin to materialize.

Since 1968, federal law provided a pathway for federal firearms rights restoration, which up until 1993, ATF regularly granted. Unfortunately, in 1992, Congress passed the first of many appropriation riders that prohibited the use of any money appropriated to ATF for use in conducting federal firearms relief determinations. The proposed rulemaking, combined with the Attorney General’s interim rule rescinding the delegation of authority to ATF to conduct these determinations, finally provides a process for many eligible nonviolent offenders to have their rights restored.

The Department of Justice estimates that one million applicants are expected to take advantage of this new pathway back to the Second Amendment in the first year. Read more

FPC Files Lawsuit to Strike Down New Jersey’s Short-Barreled Rifle Ban

TRENTON, N.J. — As part of its nationwide effort to eliminate bans on constitutionally protected arms, Firearms Policy Coalition (FPC) today filed a Second Amendment lawsuit, Firearms Policy Coalition, et al. v. New Jersey Attorney General Matthew Platkin, et al.challenging New Jersey’s total prohibition on “short-barreled rifles” (SBRs), defined in state law as those with a barrel shorter than 16 inches or an overall length under 26 inches.

“This exciting and critically important lawsuit builds on FPC’s landmark victory against New Jersey’s AR-15 ban, along with our recent wins against arms bans in states like California and Illinois,” said FPC President Brandon Combs. “Supreme Court precedent makes clear that arms in common use for lawful purposes—like the rifles at issue here—are fully protected by the Second Amendment. We are excited to work towards eliminating this ban so you can exercise your rights when, where, and how you choose.” Read more

FPC WIN: Order Vacating Biden “Pistol Brace” Rule Stands, Government Dismisses Appeal

The Firearms Policy Coalition (FPC) and the federal government agreed to a joint dismissal of the government’s appeal in our Mock v. Bondi lawsuit, a case that successfully challenged the Biden ATF’s “pistol brace” ban rule and secured injunctive relief for gun owners while the case was being litigated to final judgment, which completely vacated the rule.

“Today is a great day for freedom and the American people,” said Firearms Policy Coalition President Brandon Combs. “The dismissal of this appeal should be the final nail in the coffin of this unconstitutional Biden ATF assault on gun owners. As we explained in the case filings, braced pistols are not ‘short-barreled rifles’. But either way, they are unquestionably arms protected under the Second Amendment. We are thrilled to have secured this important win for liberty and excited to take on even more unconstitutional laws so you can exercise your rights when, where, and how you choose.”

“The government is finally retreating from the Biden Administration’s patently unlawful effort to turn millions of peaceable people into felons by decree,” said FPC Action Foundation President Cody J. Wisniewski, an attorney for the challengers. “This horrible rule was a perversion of our system of limited government, so we’re glad to see this case resolved in favor of liberty and the rule of law.” Read more

Six Leading Gun Rights Organizations File Joint Lawsuit to Overturn New Jersey’s Suppressor Ban

WASHINGTON, D.C. – Today, a coalition of six leading gun rights organizations comprised of the Second Amendment Foundation (SAF), American Suppressor Association (ASA), National Rifle Association (NRA), Safari Club International (SCI), Association of New Jersey Rifle & Pistol Clubs (ANJRPC) and the New Jersey Firearms Owners Syndicate (NJFOS) announced the filing of a joint federal lawsuit in the District of New Jersey challenging the state of New Jersey’s unconstitutional ban on firearm suppressors. Read more

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