SCOTUS Vacates Second Circuit Ruling in GOA Challenge to NY Carry Law

The United States Supreme Court vacated the Second Circuit Court of Appeals’ ruling in a challenge to New York’s mistakenly named “Concealed Carry Improvement Act,” which was brought by Gun Owners of America (GOA) and Gun Owners Foundation (GOF).

GOA and GOF filed a petition for certiorari in February of this year, after the Second Circuit Court failed to properly apply Supreme Court precedent established in New York State Rifle & Pistol Association v. Bruen and provide relief from the statute’s many unconstitutional provisions, including New York’s “good moral character” requirement to receive a concealed carry permit.

GOA quickly challenged the hastily passed statute, which was insubordinately passed by Governor Kathy Hochul and the General Assembly in Albany immediately following the Bruen decision in 2022.

Frustratingly, the new statute is more onerous and restrictive than the one held unconstitutional in the Bruen decision. GOA had previously secured a preliminary injunction in federal district court blocking several portions of the law, but it was largely undone by the Second Circuit.

The law’s provisions that were still in effect required applicants for a concealed carry license to:

  • Prove one’s “good moral character”
  • Have in-person interviews with law enforcement
  • Provide four “character references”
  • Undergo 18 hours of combined training – a tremendous increase from the existing 4-hour requirement

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

“New York’s anti-gun politicians were quick to double down after the Bruen decision, but today they’ve been smacked down again. With the High Court making clear the Second Circuit got it wrong and by remanding the case back to the lower court, the High Court is forcing New York’s politicians to eat a huge plate of humble pie. We look forward to continuing the fight for New Yorkers’ right to carry – without government pre-requisites.” Read more

SAF Files Appellant’s Brief in Challenge of Cook County Gun Ban

BELLEVUE, Wash. —— The Second Amendment Foundation (SAF) has filed an appellants brief with the Seventh U.S. Circuit Court of Appeals in the continuing challenge of the ban on so-called “assault weapons” in Cook County, Illinois.

Joining SAF in its appeal from U.S. District Court for the Northern District of Illinois are the Firearms Policy Coalition and two private citizens, Cutberto Viramontes and Christopher Khaya. They are represented by attorneys David H. Thompson, Peter A. Patterson and William V. Bergstrom with Cooper & Kirk, PLLC, Washington, D.C. The case, filed originally in 2021, is known as Viramontes v. Cook County.

“The question presented in this case is straightforward,” noted SAF founder and Executive Vice President Alan M. Gottlieb, “whether the Second Amendment permits the government to ban the best-selling rifles in America and similar semiautomatic firearms erroneously labeled as ‘assault weapons.’ We maintain the answer to that clearly is no.” Read more

EOTECH to Donate Portion of Proceeds from New 2A Initiative to SAF

BELLEVUE, Wash. —— The Second Amendment Foundation (SAF) is pleased to announce that EOTECH has identified SAF as a beneficiary of their new “2A Initiative.” With every purchase made through the program, EOTECH will donate a portion of proceeds to SAF.

EOTECH will launch the initiative with a special edition EOTECH EXPS3 and XPS2 Holographic Weapon Sight (HWS) featuring the “2A” logo on the hood. Proudly made in the USA, these models feature the quick acquisition 68MOA ring and 1MOA dot. The sight requires little rail space and provides the reliability and dependability both professionals and civilians demand.

“We are very passionate about our support and dedication to protect the Second Amendment,” said EOTECH Director of Marketing Lisa Kemp. “Investing in the organizations that defend this right and provide education and resources to protect its position is critical. We are proud to support this cause and preserve these rights for future generations.”

In addition to the sight, you can also show your 2A support by purchasing unique swag items like shirts, hats, patches, stickers and glassware. Read more

Second Amendment Foundation Statement on Supreme Court’s Rahimi Decision

“…domestic violence is abhorrent and those who commit such acts should be prosecuted to the fullest extent of the law – for which a conviction would result in their disarmament through imprisonment.”

BELLEVUE, Wash. —— Today’s narrow Supreme Court decision in Rahimi failed to produce the damage the anti-gun crowd hoped for against Bruen. The Bruen decision remains intact and will continue to be an important building block necessary to continue winning firearms freedom one lawsuit at a time.

None of the justices in the Bruen majority cast aside the test rearticulated in that decision which controls how Second Amendment challenges are to be analyzed. Additionally, the justices declined to adopt the Government’s preferred time period of reconstruction as the controlling era for which historical analogues may be drawn upon.

Rahimi posed a difficult issue for the Court to resolve. And while the Court may have arrived at a conclusion that society believes to be best, it did so in a manner that poses some inconsistencies with what Bruen demands. To be clear, domestic violence is abhorrent and those who commit such acts should be prosecuted to the fullest extent of the law – for which a conviction would result in their disarmament through imprisonment.

As Justice Thomas wrote “the question before us is not whether Rahimi and others like him can be disarmed consistent with the Second Amendment. Instead, the question is whether the Government can strip the Second Amendment right of anyone subject to a protective order – even if he has never been accused or convicted of a crime.” Stripping an individual of their Second Amendment rights, when they have not been accused or convicted of a crime, is not consistent with what the Constitution protects. Read more

GOA Reaction: SCOTUS Rules Against Second Amendment in U.S. v. Rahimi

“These restraining orders do not prove someone guilty of a violent crime, and they often are weaponized by attorneys and handed out freely by judges in divorce proceedings.

Washington, D.C. — Today, in a case that had been supported by Gun Owners of America (GOA) and the Gun Owners Foundation (GOF), the Supreme Court of the United States frustratingly ruled that individuals deemed by a court to pose a credible threat to the safety of another may be temporarily disarmed.

Justice Thomas was the lone member of the Court to correctly apply the text, history, and tradition of the Second Amendment in his dissent.

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

“It’s often been said that ‘Hard cases make bad law.’ And that’s why we argued in our amicus brief that ‘Unpopular cases necessitate the strictest adherence to principle.’ Frustratingly, the Court nearly unanimously ignored this critical piece of guidance in this ruling.

“These restraining orders do not prove someone guilty of a violent crime, and they often are weaponized by attorneys and handed out freely by judges in divorce proceedings.

“Zackey Rahimi is a dangerous individual already behind bars for real crimes – and that’s where he should be. However, this ruling will disarm others who have never actually committed any domestic violence. So for those people to lose their enumerated rights, even for a temporary period of time, is a disgrace. If someone is dangerous, charge them with a real crime, convict them in a court of law, and get them out of society.” Read more

SAF Sues Pennsylvania Over CCW Prohibition for Young Adults

The Second Amendment Foundation (SAF) has filed a federal lawsuit challenging Pennsylvania’s prohibition against allowing young adults aged 18 to 20 from acquiring a license to carry a firearm (LTCF) for personal protection. The case is known as Brown v. Paris.

The lawsuit was filed in U.S. District Court for the Middle District of Pennsylvania. SAF is joined by three young adults, all who are SAF members. They are Taylor Brown, Shawn Palmer and Max Ness. They are represented by attorneys Joshua Prince at the Civil Rights Defense Firm in Bechtelsville, Pa., and Adam Kraut at the Second Amendment Foundation. Named as the sole defendant in the case is Col. Christopher Paris, commissioner of the Pennsylvania State Police, in his official capacity.

“Our individual plaintiffs have no criminal backgrounds and would like to procure a LTCF,” said Kraut, who also serves as SAF’s executive director. “However, the state law precludes them from carrying firearms, whether openly or concealed, in public for self-defense. Yet, a look back at history reveals young adults between 18 and 20 were fully protected by the Second Amendment at the time of its ratification. Indeed, at the time of the founding, young adults in this age group were actually required to keep and bear arms.” Read more

Biden Campaign’s Response to SAF Ad Signals ‘Truth Hurts’

The Biden re-election campaign has launched a 30-second television advertisement touting Joe Biden’s gun control crusade, which the Second Amendment Foundation says is the president’s desperate reaction to SAF’s own national television effort showing him admitting he wants to ban modern semi-auto rifles and 9mm handguns.

“Our 60-second ad cuts right to the heart of Joe Biden’s lifelong crusade to ban the most popular rifles and pistols in the country today,” SAF founder and Executive Vice President Alan M. Gottlieb observed. “Our message features his infamous remarks during a CNN Townhall program in which he admitted he wants to stop the sale of those firearms. Our message finally and forcefully reveals the truth about the Democrats’ gun ban agenda, and it hurts. While others have claimed they do not want to take away anyone’s guns, Joe Biden is right there on live television acknowledging their true intentions.

“Obviously,” Gottlieb continued, “our message, which has been appearing on dozens of cable networks encouraging people to join our legal efforts to stop Biden’s unconstitutional gun bans, is having a devastating impact on the Biden campaign, otherwise they would not have spent the time and money to create a response ad. No matter how the Biden camp tries to portray Joe as a compassionate leader, the whole country knows he is a gun-grabbing zealot, thanks to our advertising.

“In the wake of recent events,” he added, “President Biden will eventually have to acknowledge the greatest failure of his half-century of gun control extremism, the conviction of his own son in a Delaware courtroom, for violating the federal laws Joe fondly claims he shepherded through Congress. His gun ban agenda has failed to keep the country safe, and more importantly, Joe Biden has failed to uphold his oath of office to protect and defend our Constitutional rights.

“Biden’s campaign ad is a desperate attempt to distract the public from the truth we’ve been sharing for weeks,” Gottlieb said. “It won’t work.” Read more

SAF Amicus Brief Supports SCOTUS Review of Hawaii 2A Rejection

The Second Amendment Foundation (SAF) has filed an amicus brief to the U.S. Supreme Court supporting Hawaii resident Christopher L. Wilson’s petition for a writ of certiorari in his challenge of the Hawaii state Supreme Court’s decree that individual citizens in the Aloha State do not have the right to carry firearms for self-defense outside their homes.

SAF is represented in its effort by attorneys Edward A. Paltzik, Serge Krimnus and Meredith Lloyd at Bochner PLLC in New York, N.Y.

“When the Hawaii Supreme Court brazenly declared in February that the Second Amendment essentially does not exist within the state,” noted SAF founder and Executive Vice President Alan M. Gottlieb, “we were stunned. This declaration is so astonishing in its nature that the U.S. Supreme Court simply cannot allow one-tenth of the Bill of Rights to be arbitrarily erased. Hawaii is still part of the United States. It is not a police state.”

“The Hawaii court has reduced an established right protected by the federal Constitution,” said SAF Executive Director Adam Kraut. “This is nothing short of open rebellion against the Supremacy Clause. Lawless judicial activism of such an extreme nature, if left undisturbed, would set a dangerous precedent that State supreme courts are free to tunnel below the constitutional floor of the Second Amendment. Read more

GOA, GOF Sue New Jersey Over Handgun Purchase Requirements and Restrictions

Washington, D.C. — Gun Owners of America (GOA) and the Gun Owners Foundation today teamed up with the Coalition of New Jersey Firearm Owners to challenge the state’s onerous permitting requirements to purchase handguns as well as New Jersey’s arbitrary “one gun a month” law.

Under the purchase permit policy being challenged, New Jerseyans must jump through several hoops, including: Read more

SAF Files Federal Lawsuit Challenging Post Office Gun Ban

BELLEVUE, Wash. —— The Second Amendment Foundation (SAF) has filed a federal lawsuit in Texas challenging the ban on firearms carry in U.S. Post Offices and on postal property as violations of the Second Amendment, and is seeking declaratory and injunctive relief.

Joining SAF is the Firearms Policy Coalition and two private citizens, Gavin Pate and George Mandry, both Texas residents. Named as the sole defendant is Attorney General Merrick Garland, in his official capacity. The complaint was filed in U.S. District Court for the Northern District of Texas, Fort Worth Division. Read more

1 27 28 29 30 31 166