SAF Files Opposition Brief to Bona Motion for Summary Judgement

The Second Amendment Foundation has filed its opposition to a motion by California Attorney General Rob Bonta for summary judgment in a December 2020 case challenging the state’s one-handgun-per-month limit. The case is known as Nguyen v. Bonta.

Joining SAF in the lawsuit are the Firearms Policy Coalition, Inc., San Diego County Gun Owners PAC, North County Shooting Center, Inc., PWGG, L.P., a limited partnership, and six private citizens. Defendants are California Attorney General Rob Bonta and Luis Lopez, director of the state Department of Justice, Bureau of Firearms in their official capacities. The original lawsuit was filed in U.S. District Court for the Southern District of California in San Diego, and so was SAF’s new opposition document. Plaintiffs are represented by attorney Raymond M. DiGuiseppe of Southport, N.C.

As noted in the response, SAF and its partners tell the court, “After almost three years of litigation, three rounds of dispositive briefing, and being on the cusp of yet another expansion of the 30-day commercial firearm purchase ban at issue here (the “OGM law”), a proper resolution is not just long overdue but of pressing need. The right outcome was clear way back before Bruen, when this case was first filed…the OGM law must be stricken as unconstitutional.” Read more

Weapons Abandoned By Biden Administration Appear In Hamas Terror Attacks

— Larry Keane
Keane is Executive Vice President and General Counsel for the NSSF

President Joe Biden’s got a gun problem – one that’s much bigger than the federal charges his son Hunter Biden faces in court.

The surprise terror attacks by Hamas into Israel were made possible, in part, because of U.S. arms left behind in Afghanistan by the Biden administration. Those arms have found their way to another battlefield. Startling images showed Hamas terrorists rampaging through Israeli villages. Some images appeared to show Hamas terrorists armed with U.S.-made military arms. Some of the hundreds of thousands of small arms abandoned to Taliban terrorists in 2021 have been smuggled to Hamas terrorists and were used to kill innocent men, women and children.

President Biden has been myopically focused on stripping gun rights from law-abiding American citizens. Meanwhile, his own failed policies, coupled with diplomatic mistakes, are proving deadly. President Biden has surrendered his authority to wag his finger from Rose Garden lecterns at the firearm industry. His lies that the firearm industry is responsible for illegal international arms smuggling with Mexican narco-terrorists were always untrue. Now, however, the entire world can see. Gun control’s darling president who gave them an office in The White House is America’s largest illicit arms trafficker. His deadly mistakes have cost American lives and hundreds of lives of America’s closest ally in the Middle East and empowered terrorists that chant “Death to America.”

Stage Set

Just a little more than two years ago, President Biden pulled the last U.S. forces out of Afghanistan. Within moments of the last American C-17 lifting off from Kabul International Airport, Taliban forces were seen on international television collecting military weapons – from helicopters and armored vehicles to hundreds of thousands of small arms. One report described the seizure of U.S.-supplied guns as enormous.” Taliban fighters are swapping worn AK-47s for U.S.-made M-4s and M-16s.

Later reports detailed that The White House left $7 billion in weapons and equipment in the wake of the ill-fated Afghanistan withdrawal. That consisted of 600,000 weapons – including 350,000 M-4 and M-16 rifles, 60,000 machine guns and 25,000 grenade launchers. That’s on top of the 23,825 Humvees in Afghanistan, including armored gun truck variants, and nearly 900 combat vehicles, all of which are in the hands of the Taliban, a terror organization that is the avowed enemy of the United States.

Some of them were used by Hamas terrorists invading from Gaza to kill Israeli soldiers and civilians and used to force hundreds of Israelis into captivity as hostages. As recently as June, Palestinian news agencies admitted that U.S. arms captured by Taliban forces were smuggled into Gaza and were being used by terrorists there. NBC News reported on the illicit arms supply to terrorists in Pakistan in January 2023 and Middle East Monitor reported in June that U.S. and Israeli intelligence were aware that U.S. arms were being carried by terrorists in Gaza. Newsweek also reported in June that U.S. arms seized by Taliban forces were arriving in Gaza, along with U.S.-made missiles reportedly being smuggled back to Iran to potentially supply both Hamas and Hezbollah.

Trading Gun Smuggler

This isn’t the first time President Biden and his gun control allies have been duplicitous when it comes to denying Americans their Second Amendment rights but playing fast-and-loose with supplying arms to sworn enemies, mercenaries and terrorists who target the United States and allies. In October 2022, President Biden made a prisoner swap deal with Russia. In exchange for the freedom of Brittney Griner, a WNBA star arrested in Russia on drug charges, the president authorized his State Department to free Viktor Bout, a convicted international arms smuggler from Russia, also known as “The Merchant of Death.”

Bout is a former Soviet-era military officer who was arrested in 2008 in Thailand by U.S. Drug Enforcement Administration agents in a sting for proposing a sale of tens of millions of dollars to the Colombian narco-terrorist group Revolutionary Armed Forces of Colombia, or FARC. The illicit sale was for $20 million worth of “a breathtaking arsenal of weapons — including hundreds of surface-to-air missiles, machine guns and sniper rifles — 10 million rounds of ammunition and five tons of plastic explosives.”

Bout’s history runs much deeper. He was identified as an illicit arms dealer by the United Nations in 2000. He was moving arms to African warlords, Middle East dictators and Central American narco-terrorist groups. His attempt to arm the FARC was what ultimately put him in prison for charges of conspiracy to kill U.S. nationals, U.S. officers and employees, conspiracy to acquire missiles to destroy aircraft and conspiracy to provide material support to a designated foreign terrorist organization.

Senate Corruption

President Biden’s longtime Capitol Hill gun control ally, U.S. Sen. Bob Menendez (D-N.J.), was just indicted for a corrupt bribery scheme involving, among other things, greasing the skids for small-arms sales to Egypt, which has its own troubled history of support for Hamas terrorists. Sen. Menendez is accused of taking hundreds of thousands of dollars in bribes in cash, gold bars, a Mercedes-Benz C-300 convertible and home mortgage payments.

Sen. Menendez has been a critic of the U.S. Munition List to Commerce Control List (USML-CCL) export reforms that were finalized under the Trump administration that put greater safeguards around defense items and ensured end-to-end verifications for U.S. manufacturers exporting firearms.

President Biden started out his presidential campaign by calling the firearm industry “the enemy.” NSSF said at the time that the comment was appalling. His presidency has focused on demagoguing the industry that continues to support law-abiding Americans who exercise their right to keep and bear arms. This industry equips our law enforcement to keep communities safe and arms our military to protect the United States against enemies. Meanwhile, arms blithely abandoned in Afghanistan are being wielded against U.S. allies.

President Biden has surrendered his moral authority to lecture the firearm industry when he lets arms slip into the hands of terrorists.

 

CCRKBA Files Amicus In SCOTUS Gun Rights Case

The Citizens Committee for the Right to Keep and Bear Arms and Prof. William English, Ph.D., have submitted an amicus brief to the U.S. Supreme Court in a Texas case challenging a federal law which denies Second Amendment rights to all people who may be subject to domestic violence restraining orders.

English is a political economist and assistant professor of Strategy, Economics, Ethics, and Public Policy at the McDonough School of Business, Georgetown University. He has held teaching and research positions at Brown University and Harvard University before joining the faculty of Georgetown. In 2021, English conducted the largest-ever nationally representative survey of firearms owners, which estimated how frequently firearms are used for self-defense. The National Firearms Survey was the subject of an amicus brief submitted in New York State Rifle & Pistol Association, Inc. v. Bruen.

CCRKBA is not a party to the case, known as United States v. Rahimi. The amicus brief was submitted by attorneys Craig L. Uhrich and Serge Krimnus at Bochner PLLC in New York.

As noted in the brief, Domestic Violence Restraining Orders (“DVROs”), such as the one at issue in this case, are a relatively recent addition to the American legal landscape. The standards for obtaining DVROs vary by jurisdiction, and multiple studies have shown that such orders are widely abused, often in an effort by a party to obtain a tactical advantage during divorce and child custody cases. Though DVROs are often part of the legal process in such cases, the empirical evidence that restrictions on firearms ownership accompanying such orders are effective at preventing domestic violence is weak. The federal statute is known as § 922(g)(8). Read more

SAF Submits SCOTUS Amicus Brief in Texas Gun Rights Case

The Second Amendment Foundation has submitted an amicus brief to the U.S. Supreme Court in a complicated case known as United States v. Rahimi challenging a civil restraining order disarmament provision. The brief relies on last year’s ruling in New York State Rifle & Pistol Association v. Bruen to argue that the total disarmament is not analogous to the Founding era regulations, calling into question the constitutionality of such provisions.

SAF’s interest in this case is based on the fact that many firearms owners in this country suddenly find themselves subject to civil restraining orders, which deny them their fundamental constitutional right to keep and bear arms in a manner that does not comport with the Second Amendment’s text, as informed by history.

“As our brief explains,” noted SAF Executive Director Adam Kraut, “laws mandating total disarmament, in the relevant historical period, were related to disarming loyalists to preserve the integrity of our newly-formed government. The current federal law governing how gun owners’ rights are treated in relation to civil restraining orders lacks any well-established historical analogue.” Read more

Federal Judge Grants Partial Injunction In Maryland Case

A U.S. District Court judge in Maryland has granted in part a motion for a preliminary injunction in two cases—including one involving the Second Amendment Foundation—challenging Maryland’s “sensitive places” law, which is supposed to take effect Sunday.

The case, known as Novotny v. Moore, was filed earlier this year against the law, which places broad restrictions on where a legally-licensed private citizen may carry a firearm for personal protection. The decision by Judge George L. Russell, III consolidates the Novotny case with another action known as Kipke v. Moore. Read more

SAF Files Brief Supporting Motion for P.I. in CA Gun Law Challenge

Attorneys representing the Second Amendment Foundation and its partners in a lawsuit challenging newly-signed California Senate Bill 2—a gun control measure designed to make it impossible to legally carry firearms in most places—have filed a brief supporting their motion for a preliminary injunction.

SAF is joined in the case by Gun Owners of America, Gun Owners Foundation, California Rifle & Pistol Association, Gun Owners of California, the Liberal Gun Club and nine individuals. The case is known as May v. Bonta. The “Memorandum of Points and Authorities” was filed in U.S. District Court for the Central District of California, Southern Division. They are represented by attorneys Chuck Michel, Michel & Associates, and Don Kilmer, Law Offices of Don Kilmer.

In their brief, the plaintiffs argue, “California is defying the U.S. Supreme Court’s findings and order that the Second Amendment includes a right to carry arms in public for self-defense. Read more

NSSF Praises Congress for Bipartisan Rebuke of President Biden’s Hunter Education Attacks

WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, praised the U.S. Congress for the swift and overwhelmingly decisive vote to rebuke President Joe Biden’s unprecedented move to defund scholastic hunter education and archery programs available for youths. The U.S. House of Representatives approved H.R. 5110, the Protecting Hunting Heritage and Education Act, in a 424-1 vote and the U.S. Senate hot-lined the legislation, passing it by unanimous consent. The legislation, introduced by U.S. Reps. Mark Green (R-Tenn.) and Richard Hudson (R-N.C.) is now headed to President Biden’s desk for consideration.

The White House has not signaled whether the president will sign or veto the legislation. However, Congress approved the bill in a rare and overwhelming veto-proof majority. Should the president veto the legislation, Congress could override the president’s veto and enact the law.

“This is a tremendous victory for true and proven firearm safety, as well as a reminder of how Congress can unite to protect the American public from special-interest driven agendas,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “This should have never been an issue. Congress never wrote into the Bipartisan Safer Communities Act that hunter education and archery programs were ineligible for funding. That was a unilateral decision to appease gun control and anti-hunting special interests. It was an unforced error that the Biden administration refused to acknowledge. Congress, as the representatives of the people, has spoken and spoken loudly and clearly.” Read more

GOA, GOF Join Gun Owners of California in Suit Challenging California’s Brand New Anti-Concealed Carry Law

Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) teamed up with Gun Owners of California (GOC) to promptly serve California AG Rob Bonta in a lawsuit challenging portions of SB 2, a bill that anti-gun Governor Gavin Newsom signed into law yesterday. This unconstitutional legislation was passed in response to the Bruen decision (which ended the state’s draconian “may-issue” policy), and among other provisions would:

  • Enact highly restrictive “sensitive locations” where concealed carrying would be prohibited, including all private property unless expressly permitted by the owner;
  • Require 16 hours of training;
  • And significantly increase the costs associated with securing a permit.

This suit specifically goes after the “sensitive locations” provision of the law. Read more

CCRKBA: Newsom Signs “Extremist Anti-Gun Measure”

BELLEVUE, WA – California Gov. Gavin Newsom’s signing of extremist gun control measures Tuesday amounts to a giant leap backwards from protecting public safety and the rights of law-abiding citizens, the Citizens Committee for the Right to Keep and Bear Arms said.

“Gavin Newsom continues to blame gun owners for problems he is not addressing as the state’s chief executive,” said CCRKBA Managing Director Andrew Gottlieb. “Instead of cracking down on law-abiding gun owners by signing Senate Bill 2, which restricts lawful concealed carry, and Assembly Bill 2, creating an 11 percent excise tax on firearms and ammunition, he should be focusing his attention on the people committing crimes.”

Gottlieb said both measures are likely to be found unconstitutional, but in the meantime, Golden State residents will be penalized for crimes they didn’t commit. Read more

California Passes Gun & Ammunition Tax

California Governor Gavin Newsom has signed a law imposing an excise tax on guns and ammunition sold in California. Effective next July, the state will add an eleven percent tax on retail sales of “guns, gun parts and ammunition.” The money is earmarked for “gun violence prevention, enhanced school safety programs and victims of gun violence.”

State law-enforcement agencies and current or former officers are exempted.

The state already charges a $37.19 fee for each firearm sale. Newsom also signed two other measures. One revises the state’s concealed-carry laws and details dozens of places where concealed carry will not be permitted, including schools and medical facilities. The third will require that semiautomatic guns sold in the state be equipped with micro stamping technology on cartridges beginning in 2028.

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