BUFFALO, NY – Today, Firearms Policy Coalition (FPC) announced that United States District Judge John Sinatra, Jr. has issued a preliminary injunction against New York’s ban on guns in “any place of worship or religious observation.” The order in Hardaway v. Nigrelli, which is effective immediately and comes two weeks after a temporary restraining order was issued in this case, can be viewed at FPCLegal.org.

“For these reasons, New York’s place of worship exclusion ‘violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self defense needs from exercising their right to keep and bear arms,’” wrote Judge Sinatra in his opinion. “The State’s renewed opposition offers nothing to change the outcome. Thus, Plaintiffs remain likely to succeed on the merits of their constitutional claim.”

“Here, a stay pending appeal is not warranted,” he went on to write. “As discussed above, Plaintiffs’ constitutional rights are being violated absent a preliminary injunction. The State fails to establish irreparable injury in the absence of a stay. The balance of hardships and public interest weigh in favor of Plaintiffs, also as discussed above. Finally, it is Plaintiffs who have demonstrated that they are likely to succeed on the merits. Legislative enactments may not eviscerate the Bill of Rights. Every day they do is one too many.” Read more

BELLEVUE, WA – The Second Amendment Foundation today filed an amicus brief in support of a District of Columbia resident’s motion for a preliminary injunction against the city’s ban on carrying handguns within its public transportation system. The case is known as Angelo v. District of Columbia.

“The District of Columbia’s ban on the carrying of handguns within its public transportation system (the ‘Metro ban’) is flatly unconstitutional under the plain text of the Second Amendment and binding case law,” writes attorney and SAF Executive Director Adam Kraut. The brief was filed in U.S. District Court for the District of Columbia.

District residents Gregory Angelo, Robert Miller, Cameron Erickson, and Tyler Yzaguirre are seeking a preliminary injunction and summary judgment to prevent the city from further enforcement of the ban. The District maintains that metro transportation, which includes buses and the subway system, falls within the definition of “sensitive places” where firearms can be prohibited, simply because they are often crowded, transport federal employees, and they are used by school students to go to and from schools. Kraut’s brief says this argument “misses the mark.” Read more

BELLEVUE, WA – The Second Amendment Foundation has cautioned the mayor of Redwood City, Calif., against continuing a moratorium on allowing firearms retail sales within its jurisdiction, which could result in litigation against the city on Second Amendment grounds.

The city has adopted an “Urgency Ordinance” which placed a moratorium on firearms dealers from opening businesses within the city. Extensions on the moratorium, if voted for, may last for up to two years.

In a letter to Redwood City Mayor Giselle Hale, SAF Executive Director Adam Kraut notes, “By indefinitely preventing any firearms or ammunition retailers from opening within the city, Redwood City has directly impeded its residents from acquiring the means to protect themselves and their families, as guaranteed by the Second Amendment.” Read more

BELLEVUE, WA – The Second Amendment Foundation has filed a reply brief in its appeal of a lower court ruling upholding an Illinois ban on firearms for the purpose of immediate self-defense in the homes of law-abiding adults licensed to provide day or foster care.

SAF is joined in this action by the Illinois State Rifle Association, Illinois Carry and two private citizens, Darin E. and Jennifer J. Miller. They are represented by attorneys David G. Sigale of Wheaton, Ill., and David H. Thompson, Peter A. Patterson and John D. Ohlendorf of Cooper & Kirk, PLLC, Washington, D.C.

The appeal is filed in the U.S. Court of appeals for the Seventh Circuit. The case is known as Miller v. Smith.

“Our case dates back to before the U.S. Supreme Court handed down the Bruen decision in June of this year,” noted SAF founder and Executive Vice President Alan M. Gottlieb. “The Bruen ruling is fatal to the state’s position that rules allowing this gun ban are constitutional. The Bruen ruling did away with the ‘two-step’ approach to determining Second Amendment-based challenges.” Read more

NEW YORK, NY – Firearms Policy Coalition (FPC) announced today that, because of New York’s defeat in NYSRPA v. Bruen, New York City’s subsequent elimination of the city’s “proper cause” requirement, and the acquisition of unrestricted carry permits by all individual plaintiffs, the parties in its Greco v. NYC litigation filed a stipulation to dismiss the case as moot. The stipulation, which was approved today by Southern District of New York Judge Lewis Liman, can be viewed at FPCLegal.org.

“Make no mistake, the satisfactory outcome of this case is just the beginning of the larger fight to restore the rights of all New Yorkers,” said FPC Director of Legal Operations Bill Sack. “FPC Law is still involved in multiple active suits against New York, and will continue to drag New York lawmakers kicking and screaming into compliance with the dictates of the constitution.” Read more

BELLEVUE, WA – The Second Amendment Foundation confirmed today its federal lawsuit against the Illinois State Police that compelled the agency to hire additional personnel in order to clear a backlog of applications for Firearm Owner Identification (FOID) cards because the issue has been resolved, and dismissed. The case was known as Marszalek v. Kelly.

Joining SAF in the legal action, which was filed in July 2020, were the Illinois State Rifle Association and several individual plaintiffs. The lawsuit was also supported by the Goldwater Institute of Phoenix, Ariz. Plaintiffs were represented by attorneys David Sigale of Wheaton, Ill., Gregory Bedell of Chicago, Ill., and Timothy Sandedur with the Goldwater Institute in Phoenix.

“The issue was quite simple and we’re glad it is resolved,” said SAF founder and Executive Vice President Alan M. Gottlieb. “In 2020 when the COVID-19 pandemic hit, restrictions were put in place in Illinois that caused the Illinois State Police to completely fail in its statutory responsibility to process applications for FOID cards in 30 days. However, the state was taking up to six months, and sometimes more, to complete this process, and the result was Illinois citizens were being denied the exercise of their Second Amendment rights.” Read more

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BELLEVUE, WA – The Citizens Committee for the Right to Keep and Bear Arms today blasted President Joe Biden and Democrats for rushing to exploit the mass shooting tragedy in Raleigh, N.C. by calling for a ban on so-called “assault weapons” when the teenage suspect used a shotgun.

“Even before the investigation had really started,” said CCRKBA Chairman Alan Gottlieb, “Democrat politicians were clamoring for more gun control. Biden quickly renewed his crusade for a ban on ‘assault weapons’ and others followed his lead. To exploit such tragedies by immediately calling for additional gun control laws that would not have prevented this crime, and will not prevent other crimes, is the height of intellectual dishonesty.

“It is this kind of callous capitalization that drives gun owners away from voting for Democrats,” he continued. “The party and its president have once again revealed they will use any tragedy to promote their agenda of public disarmament.”

Published reports quote Biden demanding “action to get weapons of war off our streets,” while at the same time noting witness calls to police said the suspect was armed with a shotgun. Read more