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®, 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

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

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

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

BELLEVUE, WA – Attorneys representing the Second Amendment Foundation and its partners have filed a motion for summary judgment with the U.S. District Court for the Southern District of New York seeking a final resolution to its lawsuit challenging New York state and municipal laws prohibiting private citizens from possessing and using stun guns and tasers. The case is Calce v. City of New York.

“Given New York’s history of wanting to keep its peaceable citizens defenseless, it comes as no surprise they would remain an outlier in having a ban which prohibits people from owning electronic arms,” said SAF Executive Director Adam Kraut. “The Second Amendment ensures our ability to possess and carry bearable arms, including those that were not in existence at the time of the Founding, yet lawmakers in New York believe they somehow have the ability to ignore that guarantee. Prior to Bruen, other courts have found these bans to be incompatible with the Constitution, and we believe this case should not yield a different result.”

Joining SAF in the lawsuit are the Firearms Policy Coalition Inc. Each of the five individual plaintiffs in this case – Nunzio Calce, Allen Chan, Shaya Greenfield, Raymond Pezzoli and Amanda Kennedy – are represented by attorney David Jensen of Beacon, N.Y.

As noted in the brief, “Electronic stun guns are no more exempt from the Second Amendment’s protections simply because they were unknown to the First Congress than electronic communications are exempt from the First Amendment or electronic imaging devices are exempt from the Fourth Amendment.”

“The brief filed today demonstrates that stun guns and tasers are protected by the Second Amendment and we demand a permanent injunction against the enforcement of the ban,” said SAF Founder and Executive Vice President Alan M. Gottlieb. “This case was filed in March 2021, and it’s past time for the court to once and for all declare this law unconstitutional.” Read more

NSSF®, The Firearm Industry Trade Association, welcomes the introduction of S. 3812, the Fighting Irrational Regulatory Enforcement to Avert Retailers’ Misfortune (FIREARM) Act, by U.S. Sen. Joni Ernst (R-Iowa). Companion legislation, H.R. 7471 under the same name, was introduced by U.S. Rep. Darrell Issa (R-Calif.). The “FIREARM” Act would create a safe harbor for federal firearm licensees (FFLs) who are at risk of losing their licenses and livelihoods due to the Biden administration’s “zero-tolerance” policy that has weaponized the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to revoke licenses for minor unintentional clerical errors and mistakes.

“Senator Joni Ernst’s ‘FIREARM’ Act will help restore confidence that ATF will fulfill its mission as a regulatory agency over the manufacture and sale of firearms rather than being used as a political tool by special interests,” said Lawrence G. Keane, NSSF Senior Vice President & General Counsel. “Under the Biden administration, the firearm and ammunition industry has seen the ATF turned into a sledgehammer to carry out this administration’s extreme antigun policies. This damages the cooperative relationships between firearm retailers, who are on the frontline preventing illegal straw purchases of firearms, and the ATF, who enforces laws to safeguard our communities. NSSF is thankful for Senator Ernst’s leadership to provide remedies that repair this necessary public trust in our federal agencies.”

Specifically, the “FIREARM” Act: Read more