FPC Secures Injunction Against ATF Pistol Brace Rule

(NEW ORLEANS, LA — Yesterday, Firearms Policy Coalition (FPC) released a statement on the Fifth Circuit’s Order granting an Injunction Pending Appeal in Mock v. Garland, FPC and FPC Action Foundation’s federal lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF’s) recent rule reclassifying braced pistols as National Firearms Act (NFA)-regulated short-barreled rifles. The injunction, along with other case documents, can be viewed at FPCLaw.org.

FPC challenged ATF’s administrative rule that seeks to reclassify “braced pistols” as “short-barreled rifles.” In so doing, the rule would transform millions of peaceable people into felons overnight simply for owning a firearm that has been lawful to own for a decade, unless they either destroy their constitutionally protected property or comply with the NFA’s onerous and unconstitutional requirements.

FPC has argued that the rule is a violation of both the U.S. Constitution and the Administrative Procedure Act because it infringes upon the fundamental and natural rights of the People. Plaintiffs sought declaratory and injunctive relief to secure their constitutionally protected right to keep and bear arms.

Per the the Fifth Circuit’s Order, “IT IS ORDERED that the appeal is EXPEDITED to the next available Oral Argument Calendar. IT IS FURTHER ORDERED that Appellants’ Opposed Motion For a Preliminary Injunction Pending Appeal is GRANTED as to the Plaintiffs in this case.”

FPC intends to seek clarification as to who is covered under the scope of the injunction. Read more

Preliminary Injunction Granted in NJ Gun Permit Law Case

BELLEVUE, WA – A federal judge in New Jersey on Tuesday granted a preliminary injunction in part against certain tenets in the Garden State’s revised gun permit law, Chapter 131, chalking up a win for the Second Amendment Foundation and its lawsuit partners.

In her meticulously-researched 235-page ruling, Chief U.S. District Court Judge Renee Marie Bumb writes, “The Constitution leaves the States some measures to combat handgun violence. But what the Second Amendment prohibits the States from doing, and what the State of New Jersey has done here with much of Chapter 131, is to ‘prevent law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms.’ That is plainly unconstitutional.

“Bruen required the State to bring its firearm laws in compliance with the Second Amendment,” Judge Bumb adds. “Chapter 131 was the State’s response, but it went too far, becoming the kind of law that Founding Father Thomas Jefferson would have warned against since it ‘disarm[s] only those who are not inclined or determined to commit crimes [and] worsen[s] the plight of the assaulted, but improve[s] those of the assailants.’”

SAF is joined in this case by the Coalition of New Jersey Firearm Owners, New Jersey Second Amendment Society, Firearms Policy Coalition and three private citizens, Nicholas Gaudio, Jeffrey Muller and Ronald Koons, the latter for whom the case, Koons v. Platkin, is named. They are represented by attorney David Jensen of Beacon, N.Y.

“Judge Bumb’s ruling clearly recognizes the issues we raised with New Jersey’s restrictive gun law, and she’s fired a legal shot across the state’s bow,” said SAF founder and Executive Vice President Alan M. Gottlieb. “When New Jersey passed Chapter 131, it did away with the ‘justifiable need’ requirement, but replaced it with an equally egregious ‘sensitive places’ restriction to effectively prohibit carrying a legally-licensed handgun anywhere in the state. That just doesn’t pass the smell test.” Read more

NSSF Praises Gov. DeSantis Signing Law Barring Tracking Codes for Firearm Retail Purchases

WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, praises Florida Gov. Ron DeSantis for signing SB 214, a law that bars credit card companies from implementing a special Merchant Category Code (MCC) for credit card purchases at firearm retailers. Gov. DeSantis, and the Florida legislature, are ensuring that the privacy of customers at firearm retailers remains protected and is not collected to be used in an illegal backdoor firearm registry.

“Governor DeSantis is standing up against a ‘woke’ initiative borne from the efforts of antigun Wall Street banks and their gun control allies in the media to use lawful private transactions as a means to usher in gun control,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “No law-abiding American should be subjected to having their name and financial data being added to a government-accessible watchlist simply for exercising their Second Amendment right to keep and bear arms. Governor DeSantis is ensuring that Floridians won’t be held captive by the radical ‘woke’ antigun agenda that seeks to weaponize credit cards in gun owners’ wallets against them. Gun owners should worry about what’s in their wallet, not who’s in their wallet.”

Florida’s SB 214 will ensure that the names of law-abiding firearm owners are not illegally recorded on a list or registry; prohibit a payment settlement entity, merchant acquiring entity or third party settlement organization from assigning a MCC classifying a merchant as a seller of firearms or ammunition; and authorize the Department of Agriculture and Consumer Services to investigate alleged violations of the law. Read more

CCRKBA: “Newest ‘Assault Weapon’ Gun Banners Don’t Want to Ban”

BELLEVUE, WA – The Citizens Committee for the Right to Keep and Bear Arms has just identified the “assault weapon” gun banners don’t want to ban, but when it comes to mayhem, this one has quite a body count to its credit, including eight people killed Sunday at a bus stop in Brownsville, Texas.

A man identified as George Alvarez drove a motor vehicle into a crowd of pedestrians outside a migrant center in Brownsville, killing eight and injuring ten other people, say published reports. The suspect has been charged with eight counts of manslaughter and 10 counts of “aggravated assault with a deadly weapon.”

“Brownsville was just the latest outrage which proves people intent on mass murder and mayhem don’t always use firearms,” said CCRKBA Chairman Alan Gottlieb, “but in none of these cases has anyone ever tried to blame, and then ban, motor vehicles. Yet, the victims are just as dead.” Read more

NSSF Applauds Gov. DeSantis Signing Anti-ESG Law

WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, applauds Florida Gov. Ron DeSantis for signing HB 3, legislation the governor made a priority earlier this year. HB 3 will prevent “woke” corporations with discriminatory policies against firearm industry members and other businesses from collecting taxpayer dollars through state contracts and pensions. Simply put, the Sunshine State will choose to do business with those companies that do not discriminate based on an industry they may not like or with which they disagree politically.

“This is a promise kept by Governor DeSantis. He said he would ensure that ‘woke’ corporations would not benefit from Florida’s tax dollars while those same corporations actively discriminate against lawful but disfavored businesses. Today, Governor DeSantis delivered on that promise,” said Lawrence G. Keane, Senior Vice President and General Counsel for NSSF. “The firearm industry is deeply grateful to the legislators who worked diligently to protect industries that are wrongfully denied essential financial services simply because ‘woke’ Wall Street banks politically disagree with them. Wall Street can choose to hold on to those ‘woke’ discriminatory policies but Governor DeSantis has made it clear that Florida will choose to do business with those that share Floridians’ values.” Read more

SAF Files Federal Challenge to California Gun Waiting Period

BELLEVUE, WA – The Second Amendment Foundation today filed a federal lawsuit in California challenging the state’s 10-day waiting period for firearm purchases on Second Amendment grounds.

The lawsuit was filed in U.S. District Court for the Southern District of California. SAF is joined by the North County Shooting Center, San Diego County Gun Owners PAC, California Gun Rights Foundation, Firearms Policy Coalition, PWGG LLP, John Phillips, Alisha Curtin, Dakota Adelphia, Michael Schwartz, Darin Prince and Claire Richards. They are represented by attorneys Bradley A. Benbrook and Stephen M. Duvernay at Benbrook Law Group in Sacramento. Defendants are Attorney General Rob Bonta and Allison Mendoza, director of the California Department of Justice, Bureau of Firearms, in their official capacities. The case is known as Richards v. Bonta. Read more

GOA, GOF Secure Preliminary Injunction Against Illinois

Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) secured a preliminary injunction against the Illinois “Assault Weapons” Ban and the Standard-Capacity Magazine Ban.

In his order, Judge Stephen McGlynn slammed some of the gun control laws in question, stating they “seem to be written in spite of the clear directives in Bruen and Heller, not in conformity with them.”

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

“Governor Pritzker and his anti-gun cabal in the legislature thought they could steam roll the Second Amendment, and this ruling makes clear that they abused their authority and infringed on their citizens’ rights. We look forward to continuing this fight.” Read more

SAF Files Brief Supporting Summary Judgment In Gun Ban Case

The Second Amendment Foundation and its partners in a challenge of the ban on so-called “assault weapons” in Cook County, Illinois today filed a memorandum of law in support of their request for summary judgment in the case, which began in August 2021 and is known as Viramontes v. Cook County.

SAF is joined by the Firearms Policy Coalition and Cook County residents Christopher Khaya and Cutberto Viramontes, for whom the case is known. They are represented by attorneys David Sigale of Wheaton, Ill., and David H. Thompson, Peter A. Patterson and William V. Bergstrom, all with Cooper & Kirk in Washington, D.C.

“This case has been pending for more than 18 months and it is time for a judgment based on the guidelines set by the Supreme Court last year in the Bruen ruling,” said SAF founder and Executive Vice President Alan M. Gottlieb. “This past January, Illinois enacted a law making it illegal to manufacture, deliver, sell, import, purchase or possess a so-called ‘assault weapon,’ but that law is preliminary enjoined as of last month.

“The firearms banned under Cook County’s ordinance are in common use,” he added, “meaning they cannot be found dangerous and unusual, and neither can they be arbitrarily banned.” Read more

SAF Wins Preliminary Injunction Against Illinois Semi-Auto Ban

BELLEVUE, WA – The Second Amendment Foundation on Friday scored a significant victory in its campaign to “win firearms freedom, one lawsuit at a time,” when a federal judge in Illinois granted a preliminary injunction against enforcement of that state’s ban on so-called “assault weapons” and “high-capacity magazines.”

The case is known as Harrel v. Raoul. Joining SAF in this case are the Illinois State Rifle Association, Firearms Policy Coalition. Marengo Guns, the C4 Gun Store and Dane Harrel, for whom the case is known. They are represented by attorney David Sigale of Wheaton, Ill. The case is in U.S. District Court for the Southern District of Illinois, Judge Stephen P. McGlynn presiding. The lawsuit challenges the constitutionality of the “Protect Illinois Communities Act” (PICA).

“While this may only be the end of ‘Round One’,” noted SAF founder and Executive Vice President Alan M. Gottlieb, “it’s certainly a good start in putting an end to a law we are convinced is entirely unconstitutional.”

The Illinois ruling comes just three days after Washington Gov. Jay Inslee signed a bill banning so-called “assault weapons” in his state, for which SAF promptly filed a federal lawsuit in Seattle. The veteran gun rights advocate is hopeful the Illinois ruling is a “great omen.” Read more

2A March Draws Crowd

Indianapolis, IN

On opening day of the NRAAM 2023, the DC Project organized a march to the Indiana State Capitol, which was two blocks from the convention center, followed by a press conference in the North Atrium of the Capitol building.

The crowd participated in the march by carrying handmade signs with positive messaging like, “Guns save lives”, “Protect kids like politicians” and more.

Marchers chanted, smiled, and waved at passersby, giving the community a positive interaction with gun owners.

The group was joined by Indiana State Representative Peggy Mayfield and Congresswoman Victoria Spartz, both of whom expressed their unwavering support for the Second Amendment and for the DC Project.

Several ladies of the organization addressed the crowd by highlighting their stories and reasons for supporting firearms ownership.

“The world observes anti-gun activists marching on and swarming state capitols demanding more gun control. This was our opportunity to let the world see a counter-effort from our side, with pro-gun messaging,” said founder, Dianna Muller. Read more

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