SAF Files for Injunction in Illinois Gun Ban Case

Second Amendment Foundation

12500 NE Tenth Place · Bellevue, WA 98005

(425) 454-7012 · FAX (425) 451-3959 · www.saf.org

BELLEVUE, WA – The Second Amendment Foundation has filed a motion for preliminary injunction in its federal court challenge of the recently-signed ban on modern semiautomatic rifles and their ammunition magazines. The case is known as Harrel v. Raoul.

Joining SAF are the Illinois State Rifle Association, Firearms Policy Coalition, C4 Gun Store LLC, Marengo Guns, Inc. and a private citizen, Dane Harrel, for whom the case is named. They are represented by attorney David Sigale of Wheaton, Ill. The motion was filed in U.S. District Court for the Southern District of Illinois.

In their motion, plaintiffs note to the court, “The Supreme Court has now repeatedly said that the Second Amendment ‘protects the possession and use of weapons that are in common use at the time.’ The firearms and magazines Illinois recently banned certainly qualify for protection under this standard. The firearms include many of the most commonly owned firearms in the country and the magazines are integral for the operation of common firearms.”

“Thanks to last summer’s Supreme Court decision in the Bruen case,” noted SAF founder and Executive Vice President Alan M. Gottlieb, “the defendants—in this case the State of Illinois—must justify the ban signed by Gov. J.B. Pritzker as being consistent with historical tradition rooted at the time the Constitution was ratified. They can’t possibly do so because the Bruen ruling clearly established there is no tradition of banning commonly possessed arms, and modern semi-auto rifles are owned by millions of citizens across the country.” Read more

CCRKBA to CA. Congresswoman Chu: ‘Law You Want Already Exists’

Citizens Committee for the Right to Keep and Bear Arms

12500 N.E. Tenth Place • Bellevue, WA 98005 • www.ccrkba.org

BELLEVUE, WA – California Congresswoman Judy Chu, who represents the state’s 28th Congressional District, reportedly called for universal background checks in the wake of Saturday night’s tragic mass shooting in Monterey Park, telling CBS News it should have passed “a long time ago.”

“But in California,” noted Alan Gottlieb, chairman of the Citizens Committee for the Right to Keep and Bear Arms, “that has been the law for quite some time. The gun allegedly used in this horrible attack is already illegal in the state. Yet, Rep. Chu is making statements suggesting her state needs more gun control when it is clear the laws she wants are already on the books, and they did not prevent the tragedy in Monterey Park.”

The congresswoman also was quoted in news reports demanding to know, “Why do we have so many guns in this country and even more on the horizon? It’s not right…Other countries don’t operate this way, and we should not either.”

“For a member of Congress to make such a remark is astonishing,” Gottlieb observed. “The right to keep and bear arms is enshrined in our Constitution, which she swore an oath to uphold when she took office. Surely she must realize our Second Amendment is a cornerstone of the Constitution and its Bill of Rights. Read more

GOA, 2A Colleagues File Lawsuit Against Illinois Gun Ban

Washington, D.C. – Today, Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) joined a federal lawsuit filed today challenging Illinois’s latest ban on so-called “assault weapons.” The Second Amendment Law Center and the Federal Firearms Licensees of Illinois are also lead plaintiffs in this suit, along with others as well.

As of today, the law prohibits the sale or transfer of specific sporting rifles or those based on features, as well as prohibits the sale of rifle magazines over 10 rounds or handgun magazines capable of carrying more than 15 rounds. Current owners of weapons meeting standards under this law will be required to register their lawfully owned products with the Illinois State Police by January 1st, 2024, or face possible felony charges.

This law, which was hastily passed on the very last day of the legislative session earlier this month, has received significant blowback from prosecutors and sheriffs across the state, with over 90% of sheriffs statewide issuing statements pledging not to enforce the law. Read more

NSSF Hails Texas Attorney General’s Stand Against ‘Woke’ Banking Discrimination

WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, praised Texas Republican Attorney General Ken Paxton’s determination that Citigroup’s antigun discriminatory policies of refusing to conduct business with Constitutionally-protected firearm businesses violates state law.

Texas Republican Gov. Greg Abbott signed SB 19, the Firearm Industry Nondiscrimination (FIND) Act, into law in 2021, which requires corporations competing for municipal contracts in The Lone Star State to certify they do not hold discriminatory policies against lawful firearm businesses. Citigroup submitted a certification letter attesting they do not hold such policies. Their own website, however, demonstrates that the corporate bank refuses business with firearm businesses that do not comply with their unconstitutional restrictions, including age-based gun bans, unlawful magazine restrictions, and bump stock bans (which was recently ruled unconstitutional in the U.S. Court of Appeals for the Fifth Circuit.)

“The firearm industry is grateful for Attorney General Paxton’s steadfast commitment to protecting the Second Amendment rights of Texans and his refusal to bow to the corporate ‘woke’ agendas that seek to eliminate the Constitutional rights of all Americans,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “Attorney General Paxton’s determination that Citigroup is, in fact, unlawfully discriminating against firearm businesses tells these corporate entities that the Second Amendment is not for sale.” Read more

SAF Files Federal Lawsuit Against Illinois Gun Ban

The Second Amendment Foundation today filed a federal lawsuit challenging the recently-signed Illinois gun ban legislation, alleging it to be unconstitutional and asserting the state has criminalized “a common and important means of self-defense.” The case is known as Harrel v. Raoul.

Joining SAF in this legal action are the Illinois State Rifle Association, Firearms Policy Coalition, C4 Gun Store LLC, Marengo Guns, Inc. and a private citizen, Dane Harrel. Named as defendants are Attorney General Kwame Raoul, Illinois State Police Director Brendan F. Kelly, and other officials in their official capacities. The lawsuit was filed in U.S. District Court for the Southern District of Illinois.

“Illinois has banned the future sale, importation, purchase, delivery and manufacture of the most popular rifle in the United States, along with their standard capacity magazines,” noted SAF founder and Executive Vice President Alan M. Gottlieb. “People who already own such firearms must now register their guns with the State Police. This ban violates the constitutional rights of Illinois gun owners, and we intend to prove it in court.

“Once again,” he continued, “Illinois lawmakers are scapegoating firearms and people who own them in a transparent attempt to convince people they are doing something about the horrible violence the state has suffered in recent years, especially in Chicago. In reality, it’s an effort to distract the public from the fact that these same lawmakers have been unable or unwilling to crack down on criminals responsible for violent crime.” Read more

After ATF Drops ‘Final Rule’ On Arm Braces, SAF Says “Lawsuit Will Move Forward”

BELLEVUE, WA – The Second Amendment Foundation today accused the Biden administration of “once again trying to trample the rights of gun owners” by allowing the Bureau of Alcohol, Tobacco, Firearms and Explosives to adopt a “final rule” on arm braces for modern semiautomatic pistols.

While the definition of a rifle in federal law should be clear, noted attorney Chad Flores, who is representing SAF in a federal lawsuit filed two years ago that was stayed by the court in anticipation of this new rule, it is clear the Biden administration’s new definition of a rifle ignores tradition. SAF sued ATF and the U.S. Attorney General in 2021 in a case known as SAF et. al. v. BATFE, et. al.

SAF is joined in that case by Rainier Arms, LLC and two private citizens, Samuel Walley and William Green. The lawsuit was filed in U.S. District Court for the Northern District of Texas, Dallas Division.

According to Flores’ analysis of the 291-page Final Rule, the definition of a “rifle” now turns on a bewildering six-factor test. This new definition can be controlled not by the firearm’s objective characteristics, but instead by what ATF agents in D.C. think of a manufacturer’s marketing materials or the firearm’s “likely use.” The new rule itself is forced to admit its dramatic result: Under this new definitional regime, “a majority of the existing firearms equipped with a ‘stabilizing brace’ are likely to be classified as ‘rifles.’”

“The Biden administration’s new rifle definition overrides the true wish of Congress, to upend the reasonable expectations of stabilizing brace users and makers nationwide,” Flores said.

SAF founder and Executive Vice President Alan M. Gottlieb noted the foundation’s 2021 lawsuit raised critical points about what has now been adopted by ATF.

“When we started this process,” Gottlieb said, “we anticipated where the agency’s efforts would lead. With our co-plaintiffs, we will continue to challenge this new arm brace rule.” Read more

Michigan Democrat Monopoly Begins 1A Rights Infringement

By Glen Wunderlich

Charter Member Professional Outdoor Media Association (POMA)

I haven’t heard much about our State’s end run around the Second Amendment, but the entire House Bill 6544 is included below.  I’ve been surprised that some outdoors people I’ve talked to didn’t have a clue this was in the works.  The secret is out.

House Bill 6544

A bill to ban the manufacture, possession, purchase, and sale of assault weapons; to provide certain powers and duties for certain state and local officials and agencies; to provide for the promulgation of rules; and to provide penalties.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. As used in this act, “assault weapon” means a semiautomatic rifle that has an ability to accept a detachable magazine and has 1 or more of the following characteristics:

(i) A pistol grip or thumbhole stock.

(ii) Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand.

(iii) A folding or telescoping stock.

(iv) A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned, but excluding a slide that encloses the barrel.

Sec. 2. (1) Except as otherwise provided in this section, beginning January 1, 2024, a person shall not manufacture, possess, purchase, or sell an assault weapon in this state.

(2) A person may continue to possess an assault weapon that the person legally possessed before the effective date of this act if both of the following apply:

(a) The person registers the assault weapon with the department of state police in compliance with rules adopted for that purpose by the department of state police.

(b) The person renews the registration of the assault weapon every 5 years.

(3) A person who violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 5 years.

Sec. 3. The department of state police shall promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to implement this act.

SAF Briefs Support Summary Judgement, Injunction Motions in ATF Lawsuit

The Second Amendment Foundation and Defense Distributed today filed briefs in federal court in Texas supporting their motions for a preliminary injunction and summary judgment in VanDerStok v. Garland which challenges the ATF’s final rule on unfinished gun receivers and parts kits.

The brief supporting SAF’s summary judgment motion may be read here. The SAF brief supporting the motion for a preliminary injunction may be read here.

The briefs were filed in U.S. District Court for the Northern District of Texas, Fort Worth Division. The case was initially brought by two Texas residents, a retailer and manufacturer. SAF and Defense Distributed intervened and contend the rule was adopted in violation of the Administrative Procedures Act (APA). Named as defendants are Attorney General Merrick Garland, Steven Dettelbach, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Department of Justice. Read more

NSSF Applauds U.S. Rep. Bergman’s FIND Act Introduction

For more information contact:
Mark Oliva 202-220-1340

WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, welcomed the introduction of H.R. 53, the Firearm Industry Nondiscrimination (FIND) Act, into Congress by U.S. Rep. Jack Bergman (R-Mich.). The bill has 55 original co-sponsors. This vital legislation will end the ability of corporate entities to profit from taxpayer-funded federal contracts while discriminating against a Constitutionally-protected industry at the same time.

“This legislation will help put an end to ‘woke’ corporations profiting from taxpayer-funded contracts while denying those same taxpayers access to their Second Amendment rights by using their financial might to deny essential services to members of the firearm industry,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “Corporations, in particular financial institutions, have been improperly dictating public policies from boardrooms that throttle Constitutionally-protected firearm businesses. The entire firearm industry thanks Congressman Bergman for his leadership to ensure fairness in business, reasserting Congress’s role in setting public policy and ensuring the federal government isn’t picking winners and losers in the marketplace based on politics. This legislation protects the ability of a lawful industry to compete for services without artificial and agenda-driven barriers.”

Congressman Bergman’s FIND Act does not tell companies with whom they must do business. However, just as companies can choose who they wish to do business with, so can the government when it spends taxpayer money. This bill ensures corporations cannot benefit from contracts and subcontracts funded by taxpayers only to use their financial strength to unfairly discriminate against the firearm industry. For far too long, corporations have engaged in “boardroom gun control” to force firearm businesses to adopt measures that would restrict Americans’ Second Amendment rights. Corporations are free to hold these anti-Second Amendment policies if they choose but would forfeit access to lucrative federal contracts.

Texas Republican Governor Greg Abbott signed a similar law in Texas in 2021 and similar legislation is being considered in other state capitols. Congressman Bergman’s legislation would bring those same fair business protections to the federal government to ensure corporate entities are not forcing policies that deny American civil liberties through the benefit of taxpayer-funded federal contracts. Read more

NSSF Welcomes Concealed Carry Reciprocity Legislation

Contact:
Mark Oliva 202-220-1340

H.R. 38 Would End Patchwork of Confusing Gun Law for CC Permit Holders

GW: Please! Sure not to pass. Again. The votes won’t be there, dang it.

WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, wholeheartedly welcomes U.S. Rep. Richard Hudson’s (R-N.C.) introduction of the Concealed Carry Reciprocity Act of 2023, H.R. 38. The legislation was introduced with bipartisan support and 118 original co-sponsors, demonstrating the wide-ranging support for protecting law-abiding concealed carry permit holders from navigating a patchwork of varying gun control laws when crossing a state line.

The bill aims to eliminate the confusion of varying state laws and provide protection for Second Amendment rights for permit holders. The legislation would allow handgun owners who are legally permitted and authorized by their home state to lawfully carry a concealed firearm in other states provided they comply with the law in other states – much in the same way a driver’s license is recognized. Read more

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