ATF Notice Regarding Recent Changes to the ATF Form 4473

As you well know, due to statutory requirements set forth in both the NICS Denial Notification Act and the Bipartisan Safer Community Act (BSCA), the ATF Form 4473 was revised in December of 2022. Incorporating industry member suggestions made during the recent 60 and 30-day Notice and Comment periods, ATF has further revised the form and now that newest version (August 2023) has been approved by the Office of Management and Budget for implementation. Read more

CCRKBA: “Albuquerque Protesters Harmed Nobody, Burned Nothing”

BELLEVUE, WA – The country could take a lesson from the armed protesters who turned out in Albuquerque, N.M. this week in opposition to Gov. Michelle Lujan Grisham’s unconstitutional suspension of Second Amendment rights under the guise of a “public health emergency.”

“Justifiably angry New Mexico gun owners who showed up at the protest didn’t hurt anyone, didn’t burn anything, did not clash with police and nobody was arrested or even cited,” noted CCRKBA Chairman Alan Gottlieb. “What a stark contrast to the violent ANTIFA demonstrations and urban rioting we have seen in recent years.

“Instead of setting fires”, he continued, “these gun owners set an example. They didn’t vandalize public or private property, did not engage in physical assaults or looting, and yet they are the people who are repeatedly penalized by left wing politicians, now to include Democrat Gov. Lujan Grisham, for crimes they did not commit, and would never consider committing.”

Crowd size estimates have varied between 100 and 200 citizens, and while at least one report said many of those in attendance were “heavily armed,” it was a peaceful protest during which the loudest noises were the comments from honest gun owners expressing their legitimate fury at an action by the governor that members of her own party are denouncing. Even New Mexico Attorney General Raul Torrez, himself a Democrat, has announced his office will not defend the governor or other state officials named as defendants in at least five federal civil rights lawsuits filed by several gun rights organizations and New Mexico residents. Municipal police and county sheriff’s departments will not enforce the governor’s order. Read more

SAF Wins 1st Amendment Case Against Calif. Gun Advertising Law

BELLEVUE, WA – The Second Amendment Foundation has scored an important First Amendment victory before a federal appeals court panel in San Francisco which unanimously reversed a lower court’s denial of a preliminary injunction in a challenge of California’s law prohibiting advertising of firearms products in a way that may appeal to minors.

At issue is California Business and Professions Code § 22949.80, which prohibits advertising of any “firearm-related product in a manner that is designed, intended, or reasonably appears to be attractive to minors.”

Writing for the three-judge panel, District Judge Kenneth K. Lee noted, “California has many tools to address unlawful firearm use and violence among the state’s youth. But it cannot ban truthful ads about lawful firearm use among adults and minors unless it can show that such an intrusion into the First Amendment will significantly further the state’s interest in curtailing unlawful and violent use of firearms by minors.

“But given that California allows minors to use firearms under adult supervision for hunting, shooting, and other lawful activities,” he continued, “California’s law does not significantly advance its purported goals and is more extensive than necessary. In sum, we hold that (the statute) is likely unconstitutional under the First Amendment…” Read more

SAF Sues California Over ‘Sensitive Places’ Legislation

The Second Amendment Foundation has filed a federal lawsuit in California seeking declaratory and injunctive relief from the freshly inked Senate Bill 2 (SB 2), which makes nearly every public place in the state a “sensitive place” and forbids the carrying of firearms even by citizens who have gone through the lengthy and expensive process of obtaining a concealed handgun license.

SAF is joined by Gun Owners of America, Gun Owners Foundation, Gun Owners of California, the California Rifle & Pistol Association and eleven private citizens. Named as Defendant is California Attorney General Rob Bonta. The lawsuit was filed in U.S. District Court for the Central District of California, Southern Division. Plaintiffs are represented by attorneys C.D. Michel, Sean A. Brady and Konstadinos T. Moros at Michel & Associates in Long Beach, and Donald Kilmer, Law Offices of Don Kilmer, Caldwell, Idaho.

“SB 2 is designed to frustrate and ultimately discourage individuals from exercising their right to bear arms by creating a patchwork of locations where Second Amendment rights may, or may not, be exercised,” noted SAF Executive Director Adam Kraut. “That is not how constitutional rights work. SAF is happy to add California to the list of states that we have sued for adopting so-called ‘Bruen Response Bills’ that make it impractical, if not impossible for people to exercise their rights by essentially making carry permits useless.” Read more

Court Grants TRO in SAF New Mexico Gun Rights Lawsuit

GW: Patently unconstitutional and a predictable outcome. Easy to pull this BS, because the cost of the fight doesn’t come out of the anti-American politicians’ pockets; it comes from those that pay taxes.

A federal judge has granted a temporary restraining order in a Second Amendment Foundation challenge of New Mexico Gov. Michelle Lujan Grisham’s Sept. 8 edict suspending the constitutionally-protected right to bear arms, in Albuquerque and surrounding Bernalillo County.

District Judge David H. Urias issued the TRO, which extends to Oct. 3, when a hearing on the preliminary injunction request will be held. The TRO was effective immediately.

SAF is joined in this action by the New Mexico Shooting Sports Association, Firearms Policy Coalition and a private citizen, Zachary Fort, who resides in Bernalillo County. They are represented by Jordon George of Aragon Moss George Jenkins, LLP. The lawsuit and motion for the TRO were filed in U.S. District Court for the District of New Mexico.

In addition to Gov. Lujan Grisham, defendants in the lawsuit are Patrick M. Allen, cabinet secretary for the New Mexico Department of Health; Jason R. Bowie, cabinet secretary for the New Mexico Department of Public Safety, and W. Troy Weisler, chief of the New Mexico State Police.

“We are delighted that the court wasted no time in clamping down on Gov. Lujan Grisham’s clearly unconstitutional suspension of Second Amendment rights,” said SAF founder and Executive Vice President Alan M. Gottlieb. “No governor has the authority to arbitrarily deny constitutional rights, especially on the flimsy argument this is a public health emergency.” Read more

SAF Sues NM Gov. Lujan Grisham Over Emergency Carry Ban

GW: At least they did something – even if they realized it was illegal. Taxpayers will now pay to defend politicians who violated their oath of office to uphold the Constitution.

The Second Amendment Foundation has filed a federal lawsuit against New Mexico Gov. Michelle Lujan Grisham and four other officials on the grounds that the governor’s “emergency order’ prohibiting open and concealed carry in Albuquerque and surrounding Bernalillo violates the Second and Fourteenth Amendments of the U.S. Constitution.

Joining SAF are the New Mexico Shooting Sports Association, Firearms Policy Coalition and a private citizen, Zachary Fort, who resides in Bernalillo County. They are represented by Jordon George of Aragon Moss George Jenkins, LLP who has also filed a motion for a temporary restraining order and preliminary injunction. The lawsuit and motion were filed in U.S. District Court for the District of New Mexico.

In addition to Gov. Lujan Grisham, defendants are Patrick M. Allen, cabinet secretary for the New Mexico Department of Health; Jason R. Bowie, cabinet secretary for the New Mexico Department of Public Safety, and W. Troy Weisler, chief of the New Mexico State Police. They are all sued individually and in their official capacities.

“Despite her clams to the contrary,” said SAF founder and Executive Vice President Alan M. Gottlieb, “Gov. Grisham does not have the authority to ‘suspend’ the Second Amendment for an alleged public health emergency or any other reason. Neither do any of the other defendants, nor can they legally enforce such a suspension.”

“Evidently,” added SAF Executive Director Adam Kraut, “Gov. Lujan Grisham believes she can disregard the constitution to further her own political views. We’re taking action to stop this unconstitutional exercise of power in its tracks, because it is a flagrant violation of the right of individual citizens to carry firearms in public for personal defense.

“Our motion for a temporary restraining order and preliminary injunction will prevent the state from further causing injury to the plaintiffs and other citizens under this unlawful order,” Kraut added.

NSSF Warns New Mexico Governor Against Enforcing Unlawful Public Health Order

WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, is warning New Mexico Gov. Michelle Lujan Grisham to not attempt to enforce her Public Health Order requiring the state’s Regulation and Licensing Division to conduct monthly inspections of licensed firearm retailers to ensure compliance with all sales and storage laws, in addition to unconstitutionally banning the Second Amendment right to bear arms in public spaces.

“There is no other way to say it other than the entire order is blatantly unlawful,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “New Mexico’s governor does not have the authority to suspend rights protected by the Constitution for a falsely-labeled public health crisis. Nowhere in New Mexico statute, or in regulations, does the authority exist for state officials to inspect firearm retailers. This order is devoid of any legal basis and the government of New Mexico should reconsider taking action on this unlawful order.” Read more

SAF Victory: Calif. City Suspends ‘Sensitive Areas’ Enforcement

BELLEVUE, WA – The Second Amendment Foundation is celebrating a small but significant victory after the community of Los Gatos, in Santa Clara County, decided to suspend enforcement of an ordinance adopted earlier this year establishing several new “sensitive areas” where legal concealed carry is prohibited.

Enforcement of the ordinance was put “on hold” after the law firm of Michel & Associates warned the city it would be sued on constitutional grounds if the new law was enforced. The law firm is representing SAF and the California Rifle & Pistol Association in this effort.

“According to published reports,” said SAF founder and Executive Vice President Alan M. Gottlieb, “the town is waiting to see whether litigation against pending state legislation is resolved. That’s fine with us because it means this restrictive ordinance will not be enforced.”

Designating areas as “sensitive places” where lawful concealed carry is prohibited is a strategy by gun prohibitionists to get around new guidelines set down in the 2022 Bruen ruling by the U.S. Supreme Court regarding concealed carry in public. Read more

CCRKBA Joins Amicus Brief Opposing Maryland “Sensitive Places” Law

BELLEVUE, WA – The Citizens Committee for the Right to Keep and Bear Arms joined in an amicus brief to the U.S. Fourth Circuit Court of Appeals supporting a lawsuit against Montgomery County, Maryland challenging county “sensitive places” designations.

Joining CCRKBA are the California Rifle and Pistol Association, Second Amendment Law Center, Second Amendment Defense and Education Coalition, Guns Save Life, Federal Firearms Licensees of Illinois, Gun Owners of America, Gun Owners of California and the Gun Owners Foundation. They are represented by attorneys C.D. Michel and Anna M. Barvir at Michel & Associates of Long Beach, Calif. The case is known as Maryland Shall Issue, Inc. v. Montgomery County.

“Like other jurisdictions did in the aftermath of the 2022 Supreme Court ruling in Bruen, Montgomery County is trying to dance around the high court’s intent by classifying ‘sensitive places’ as just about all public venues,” noted CCRKBA Chairman Alan Gottlieb. “In this case, the county has gone to extreme lengths by creating ‘sensitive zones’ which extend out 100 yards in all directions from so-called ‘places of public assembly,’ which neither follows the spirit nor the letter of the Bruen ruling. Read more

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