FPC to California AG: Comply with Bruen Before We Sue

SACRAMENTO, CA – Last night, Firearms Policy Coalition (FPC) sent a letter to California Attorney General Rob Bonta informing him that if local concealed-carry issuing agencies use the state’s so-called “good moral character” requirement in the way he recently called for in response to NYSRPA v. Bruen, it will cause them “to defend far more Second Amendment claims than they have ever faced.” The letter can be viewed at FPCLegal.org.

“Conditioning a carry license on a discretionary evaluation of an applicant’s ‘good moral character’ is patently inconsistent with Bruen’s repeated statements that the carry right may not be denied by non-objective criteria applied by a local government official,” says the letter by attorney Bradly Benbrook of Benbrook Law Group. “Bruen considered and rejected New York’s ‘proper cause’ requirement for a carry license, but it left no doubt that it was the discretionary aspect of the licensing regime—requiring citizens to convince a government official that they deserved a license based on their circumstances—that fell outside the historical tradition of permissible firearm regulation.”

“It has never been clearer that these laws trample people’s rights,” said FPC Policy Counsel Matthew Larosiere. “Both Bruen and the command of the Second Amendment are clear: government agents don’t get to decide on a piecemeal basis who does and does not get to enjoy their fundamental rights. It is my sincere hope that Bonta sees the writing on the wall and abandons his aggressive encroachments against the rights of Californians, lest the federal courts have to, once again, show him his place.” Read more

FPC Files Lawsuit Challenging NJ “Assault Weapon” Ban

CAMDEN, NJ – Firearms Policy Coalition (FPC) announced today that it has filed a new Second Amendment lawsuit challenging New Jersey’s ban on so-called “assault weapons.” The complaint in Cheeseman v. Platkin, along with other case information, can be viewed at FPCLegal.org.

“AR-15 rifles are among the most popular firearms in the nation, and they are owned by millions of Americans,” the complaint says. “New Jersey’s Ban unconstitutionally infringes upon Plaintiffs’ fundamental, individual right to keep and bear arms” “New Jersey’s Ban and Defendants’ actual and threatened enforcement of the same must be declared unconstitutional and enjoined under the Second Amendment’s text, informed by relevant history, and the Supreme Court’s precedents so that Plaintiffs Cheeseman and Connolly, all similarly situated members of Plaintiff FPC, and non-prohibited individuals like them can exercise their constitutional right to keep and bear these common firearms for lawful purposes like self-defense.”

“There’s no question here,” said FPC Policy Counsel Matthew Larosiere. “New Jersey’s ban spits in the face of not only the constitution, but all the peaceable people of New Jersey. The type of arms targeted by New Jersey’s ban are both constitutionally protected and dearly needed by the People. We are excited to help vindicate the rights of New Jersians and put an end to this immoral overreach on the part of the government.”.” Read more

FPC Statement on Delaware Gun Bills Signed Into Law

Dover, DE — Firearms Policy Coalition issued the following statement in response to Delaware Governor John Carney’s signing of multiple gun control bills:

The Delaware legislature chose to follow other hostile regimes, desperate to restrict the rights of the people despite the Second Amendment’s unqualified command, by advancing multiple pieces of anti-rights legislation to Governor John Carney’s desk. Today, with Governor Carney’s stamp of approval, this package of bills promises to further throttle liberty in The First State. The six bills signed this afternoon include a ban on the sale of “assault weapons” (House Bill 450), a ban on possession of standard-capacity magazines (Senate Substitute 1 for Senate Bill 6), prohibiting peaceable adults under the age of 21 from purchasing most firearms (House Bill 451), and an attempt to expose gun manufacturers and firearm dealers to frivolous lawsuits (Senate Bill 302).

In choosing to embrace this terrible package in its entirety, Governor Carney has exhibited a clear contempt for the natural rights of his constituents. By further restricting–at threat of violent enforcement and jail time–Delaware residents’ ability to protect themselves, Governor Carney has failed the people of Delaware. Read more

FPC Statement on NY Governor’s Signing of Bruen Response Litigation

Albany, NY (July 01, 2022) — Firearms Policy Coalition issued the following statement in response to New York Governor Kathy Hochul’s signing of Senate Bill 51001:

Within hours of the Supreme Court’s ruling in NYSRPA v. Bruen, New York Governor Kathy Hochul publicly declared that she would be calling an extraordinary legislative session to counter the Court’s invalidation of New York’s concealed carry law. The New York legislature, at Hochul’s behest, rushed to pass Senate Bill 51001–the legislative vehicle for New York’s desperate, flailing temper tantrum of a response to Bruen–before legislators, or the public, were able to review the text of the bill, sending it to an all-too-eager Hochul for her signature.

This measure will, among other punitive and prohibitive provisions, broadly expand not only the onerous burdens to acquire government permission slips for the exercise of fundamental rights, but also throttle the locations New Yorkers might actually exercise those rights.

With the stroke of a pen, Hochul has promised The Empire State that she wishes to lock more of its residents in government run cages, with no regard for their personal safety, dignity, or liberty. Read more

SAF Hails Supreme Court for Sending Gun Cases Back for Further Review

BELLEVUE, WA – The Second Amendment Foundation today hailed the U.S. Supreme Court decision to vacate lower court rulings in several gun rights cases and remand them back to lower courts for review “in light of” last week’s landmark 6-3 decision in New York State Rifle & Pistol Assn., Inc. v. Bruen.

Chief among these cases is Bianchi, Dominic, et.al. v. Frosh, a case brought by SAF and the Citizens Committee for the Right to Keep and Bear Arms challenging Maryland’s 2013 ban on so-called “assault weapons.” Other cases include challenges to restrictive gun laws in Hawaii, New Jersey and California. In addition, a SAF case called McDougall v. Ventura County, which challenges a closure of gun shops two years ago during the COVID-19 panic, has been vacated by a Ninth Circuit en banc panel and remanded to the trial court for action consistent with the Supreme Court’s New York ruling. Read more

FPC Statement on Attorney General Bonta Data Dump

Sacramento, CA — Firearms Policy Coalition issued the following statement in response to the recent data leak of gun owners’ sensitive data:

Earlier this week, California Attorney General Rob Bonta boasted in a press release that his Department of Justice had created a firearms dashboard portal to increase “transparency,” which resulted in the wholesale exposure of the personal information–including license to carry information–related to the gun owners who have complied with California’s onerous gun restrictions.

There is no way to sugarcoat the horrible violation of trust committed against Californians this week. What is most troubling, though, is that this was completely foreseeable. Be it by malice or incompetence, countless times throughout history, when the people have entrusted the government with sensitive information–information which, in the wrong hands, could do great harm–we have seen that trust broken. The simple, time-proven fact is that the government cannot be trusted with lists relating to gun owners. Read more

Supreme Court Vacates Md. “Assault Weapon” Ban Decision, Sends FPC Lawsuit Back to Circuit Court

WASHINGTON, DC – Firearms Policy Coalition (FPC) announced today that the United States Supreme Court has granted, vacated, and remanded its Bianchi v. Frosh lawsuit, which challenges Maryland’s ban on so-called “assault weapons.” The case will now return to the Fourth Circuit Court of Appeals “for further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen.” The order and other case documents can be viewed at FPCLegal.org.

Bianchi was filed in December 2020 and was dismissed sua sponte by the Court in March 2021. It was then dismissed by the Fourth Circuit Court of Appeals, who said it was “squarely foreclosed by this court’s decision in Kolbe v. Hogan.” FPC filed a petition for certiorari with the Supreme Court, who held the case pending the outcome of NYSRPA v. Bruen. With Bruen now decided, the court has returned the case to the Fourth Circuit where it can now proceed.

“This is an important moment,” said FPC Policy Counsel Matthew Larosiere. “We have suffered at the hands of government actors who felt empowered by a lack of clear standards from the Supreme Court. All too often, horrible restrictions which threaten jail time for simply owning a common type of arm–one the people have an undeniable right to–were allowed to stand. This case presents one of the first opportunities to give force to our right to these common firearms, and we intend to see it through.”

In addition to Bianchi, the Supreme Court today vacated and remanded three other Second Amendment lawsuits: ANJRPC v. Bruck (challenging New Jersey’s ban on magazines holding more than 10 rounds), Duncan v. Bonta (challenging California’s ban on magazines holding more than 10 rounds), and Young v. Hawaii (challenging Hawaii’s laws preventing people from carrying firearms in public for self-defense.) Read more

FPC Seeks Injunction Against New York City May-Issue Handgun Carry Restrictions

NEW YORK, NY – Today, Firearms Policy Coalition (FPC) announced the filing of a motion for preliminary injunction in its federal Second Amendment lawsuit challenging the laws that prevent individuals from carrying a loaded handgun on their person for self-defense in New York City. The motion, along with other case documents in Greco v. City of New York, can be viewed at FPCLegal.org.

“The Supreme Court has now explicitly held that the Second Amendment ‘protect[s] an individual’s right to carry a handgun for self-defense outside the home,’ and it has further ruled that the ‘proper cause’ requirement is unconstitutional ‘in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms.’,” the motion says. “The short of it is that, but for Defendants’ use of the unconstitutional ‘proper cause’ standard, each Plaintiff would have a valid license to carry handguns in New York City right now.”

“It’s high time the people have their rights respected,” said FPC Policy Counsel Matthew Larosiere, “New Yorkers have been suffering second-class treatment at the hands of an oppressive government for too long. With the Supreme Court pointing to the Second Amendment’s ‘unqualified command,’ we hope to finally liberate the people from these absurd restrictions on their natural right to keep and bear arms.” Read more

SAF Seeks Injunction Against New York City Gun Permit Legislation

BELLEVUE, WA – Based on the ruling by the U.S. Supreme Court striking down New York State’s unconstitutional “good cause” requirement for concealed carry permit applicants, the Second Amendment Foundation today filed a preliminary injunction motion seeking to enjoin the City of New York from further enforcement of its long-standing permit regulations.

Joining SAF in this legal action are the Firearms Policy Coalition, Inc. and five private citizens. The motion was filed in U.S. District Court for the Southern District of New York. Plaintiffs are represented by attorney David D. Jensen of Beacon, N.Y. In addition to the City of New York, Police Commissioner Dermot Shea is named as a defendant in his official capacity.

“In light of the Supreme Court’s ruling that New York State’s ‘good cause’ mandate is unconstitutional, we felt compelled to file this action because the city’s ‘proper cause’ requirement is just as bad if not worse,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Two of our plaintiffs previously held carry licenses in New York City for decades, but in 2020, both were denied renewal on the grounds they lacked ‘proper cause’.” Read more

FPC Statement on “Bipartisan” Federal Gun Control Legislation

WASHINGTON, D.C. — Firearms Policy Coalition issued the following statement in response to the passage of the “Bipartisan Safer Communities Act” (S.2938):

In contrast with the Supreme Court finally giving force to the pre-existing human right to keep and bear arms, some Senate Republicans rushed to aid the enemy in the passage of the “Bipartisan Safer Communities Act” in the dead of night. Mere hours later, the House hurriedly placed its stamp of approval on legislation expressly intended to undermine constitutionally protected rights.

With today’s final passage, this legislation—more appropriately captioned “The Great Concession of 2022,” thanks to the quisling Republicans who conspired with authoritarian Democrats to enable this outcome—will head to President Biden’s desk for his certain signature.

Let us be clear: If the government uses this legislation to unconstitutionally infringe upon the rights of peaceable people, FPC and FPC Law will aggressively respond as necessary to protect the rights of the People and seek every available remedy.

The Senate Republicans who conspired to pass this immoral legislation are:

Blunt (MO), Burr (NC), Capito (WV), Cassidy (LA), Collins (ME), Cornyn (TX), Ernst (IA), Graham (SC), McConnell (KY), Murkowski (AK), Portman (OH), Romney (UT), Tillis (NC), Toomey (PA) & Young (IN). Read more

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