FPC Files for Injunction Against Minnesota Carry Ban As To Adults Under 21

MINNEAPOLIS, MN (August 8, 2022) – Firearms Policy Coalition (FPC) has filed a motion for summary judgment in its Worth v. Harrington lawsuit, a case that seeks to restore the right of adults under 21 years of age to carry loaded, operable arms in public for self-defense in Minnesota. The motion can be viewed at FPCLegal.org.

“At the time the Second Amendment was ratified, not only were there no laws in any state that purported to limit the rights of 18-to-20-year-olds to carry firearms for self-defense, there were several laws enacted, including the Militia Act of 1792, that required 18-year-olds to buy and maintain firearms,” FPC argues in the motion. “Defendants will not be able to point to any historical tradition that could justify Minnesota’s attempt to deviate from the plain text of the Second Amendment, therefore this Court must declare the Carry Ban unconstitutional.”

The State of Minnesota also filed its own motion for summary judgment, which began by arguing that this case is “part of [FPC’s] coordinated, multi-state litigation plan to force a determination on the issue of whether the Second Amendment covers the right of 18-to-20-year-olds to publicly carry handguns,” and went on to say that “[t]he plain text of the Second Amendment does not cover those under 21, therefore a historical analysis is unnecessary” and that “18-20 year old women are also not covered by the plain text of the Second Amendment.” Read more

Hunting Coalition Sues California Over Firearms Marketing Law

Sportsmen’s Alliance, Safari Club International, SoCal Top Guns and Congressional Sportsmen’s Foundation cite violations of well-established and constitutionally protected rights in 1st, 2nd, 5th and 14th Amendments

On Friday, a coalition of outdoor groups sued the State of California in federal district court in Sacramento challenging a recently passed law banning the “marketing” of firearms to minors. The legal challenge by Congressional Sportsmen’s Foundation, SoCal Top Guns, Safari Club International and Sportsmen’s Alliance Foundation seeks to protect youth hunting, shooting sports and education in the state.

Although described by Gov. Newsom and supporters as a prohibition on marketing the sale of firearms to youth, the new law goes well beyond direct advertising to include any marketing activity involving firearms and firearm accessories. This includes not only the purchase of firearms, but lawful use. The law’s broad terms also prohibit marketing hunter education, school-sponsored firearms teams, youth hunts, youth camps that include firearms training and even short seminars or “how to” events. The law is so broadly written that it bans social media, leaflets or flyers, videos, magazine articles or any other communication that showcases or illustrates the use of firearms by youth. Read more

Fifth Circuit Brief: Semi-Automatic Firearms, ‘Bump Stocks’ Are Not Machine Gun

NEW ORLEANS – Today, Firearms Policy Coalition (FPC) announced the filing of an important appellate brief, joined by FPC Action Foundation, in the case of Cargill v. Garland, which challenges the ATF’s unconstitutional ban on “bump stock” devices. The brief can be viewed at FPCLegal.org.

In December 2021, a 3-judge panel of the Fifth Circuit Court of Appeals upheld the ban, saying that “the Bump Stock Rule’s interpretation of the NFA’s definition of ‘machinegun’ is the best interpretation of the statute.” Last June, however, the Court ordered that the panel opinion be vacated and that the full Court would review the appeal (known as a rehearing en banc).

“Because virtually all semiautomatic weapons can be bump fired, and because that technique can be aided by myriad common household products or clothing items, ATF’s definition is necessarily overbroad and would eliminate statutory distinctions between less-regulated semiautomatic rifles and handguns, and more-regulated machineguns,” argued FPC and FPCAF in their brief to the en banc Fifth Circuit. “Bump firing, whether aided by a bump stock, a rubber band, or merely a well-controlled finger, is not shooting automatically and the ease with which any given weapon can be bump fired does not turn semiautomatic firearms into heavily regulated machineguns.” Read more

Parties Move to Dismiss Maryland Carry Ban Lawsuit After New York’s Defeat in Bruen

GW:  The handwriting’s on the wall.

RICHMOND, VA – Firearms Policy Coalition (FPC) announced today that, because of Maryland Governor Hogan’s concession and order to cease the state’s utilization of its ‘good and substantial reason’ carry permit standard, the parties have filed a joint motion to dismiss the Call v. Jones litigation as moot. Case documents can be viewed at FPCLegal.org.

“Both the Supreme Court’s decision in Bruen, as well as the Governor’s response, render this case moot,” the parties say in the motion. “By concluding that New York’s discretionary scheme violated the Second Amendment, the Supreme Court’s decision, in effect, thereby also invalidated laws that had ‘analog[ous]’ schemes, including that embodied in Maryland’s ‘good and substantial reason’ requirement. Governor Hogan’s executive action affirmed this conclusion and formalized the State’s intent to comply with Bruen.”

“Make no mistake, although called a dismissal, this is a massive win for all Marylanders, and demonstrates exactly how Bruen will have far reaching effects across the country,” said FPC’s Senior Attorney for Constitutional Litigation Cody J. Wisniewski. “It is encouraging that Mayland has accepted defeat in this instance, but FPC will remain vigilant to ensure that the Old Line State fully complies with both the letter and spirit of not just the Bruen opinion, but the Second Amendment writ large.” Read more

Show Hearings, Unconstitutional Gun Ban are Good Reminders of the Importance of #GUNVOTE

Aug 2, 2022

Editor’s Note: Today’s Op Ed is from the National Shooting Sports Foundation.

The debacle over guns in the U.S. House of Representatives is a stark reminder of what is at risk when it comes to elections.

The U.S. House of Representatives held hearings and a vote that trounced on Constitutionally protected rights, ignored U.S. Supreme Court precedent and told the American public they aren’t being governed by elected officials representing “We the People.” Instead, the country is being ruled by an elite and out-of-touch governing class that’s bent on dictating “needs” over “rights.”

The House – led by Speaker Nancy Pelosi (D-Calif.) – turned their collective noses at the rights belonging to the American public and protected by the Constitution to score political points with their special-interest gun control donor class.

Last week’s power grab was kicked off by Chairwoman Carolyn Maloney (D-N.Y.) calling on firearm manufacturing CEOs from Daniel Defense and Sturm, Ruger & Co., to testify in an Oversight and Reform Committee hearing. It was a kangaroo court. A show trial. It was an attempt to name-and-shame the firearm industry for the criminal actions of others.

For those watching carefully, the Congressional circus revealed their folly. Chairwoman Maloney dangled the claim gun manufacturers made a $1 billion to put profits over people. Daniel Defense CEO Marty Daniel rejected the blame firearm manufacturers responsible for the heinous crimes committed by deranged individuals, telling the committee, “These acts are committed by murderers. The murderers are responsible.”

Sturm, Ruger & Co., CEO Chris Killoy rejected Chairwoman Maloney’s inflammatory descriptions of Modern Sporting Rifles (MSRs), saying, “I don’t consider what my company produces to be ‘weapons of war.’”

They’re both right. The companies produce semiautomatic rifles, technology that has existed since the late 1800’s and was commercially available in the early 1900s. These rifles operate the same way as popular duck-hunting shotguns and self-defense handguns.

Lawmakers never alleged an actual crime by the firearm manufacturers. Nor did they blame the criminals committing the crimes. The hearing was a made-for-television production designed to boost Chairwoman Maloney’s profile as she heads into an August Democratic primary against Rep. Jerrold Nadler (D-N.Y.). The two are facing off against one another in for the same Congressional seat after their respective Congressional districts were merged.

Chairwoman Maloney’s gun control hearing, and the Assault Weapons Ban of 2022, passed by Chairman Nadler from his House Judiciary Committee and by the House in a 217—213 vote, was nothing less than political chest-thumping to their New York gun control base. They would snatch Constitutionally protected rights from law-abiding Americans to outdo one another in their increasingly desperate attempt to cling to power.

Chairman Nadler is no better. He admitted during the mark-up for H.R. 1808, the bill to ban MSRs and some semiautomatic shotguns and handguns, that he knew the legislation was unconstitutional and defied the rulings by the U.S. Supreme Court in both Heller and Bruen.

Heller held that firearms in common use by the American public are protected. NSSF released the most recent MSR production figures that show there are more than 24.4 million MSRs in circulation between 1990 and 2020. That doesn’t include what’s been produced in 2021 and so far in 2022, nor those made from 1963 – when they entered the commercial market – and 1990. That dwarfs the estimates of Ford F-Series pick-up trucks on the road, which number just 16.1 million in comparison.

Justice Clarence Thomas wrote in the Bruen decision, that, “…the government must demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation.”

The Bruen decision further held that modern arms are analogous to those arms in existence at the time the Second Amendment was ratified.

For Congressman Nadler, history, tradition, the Constitution and the Supreme Court be damned. He, and the other 217 Members of Congress that voted for this ban couldn’t be bothered with the rights of “the People.” He needed to “one-up” Rep. Maloney on his gun control credentials. Her points were already scored. She wasn’t even there for the final vote on the bill instead, she attended a political fundraiser.

This legislation has no chance in the U.S. Senate. That doesn’t mean these attacks on the firearm industry or gun rights will end. That’s why it is imperative for all who value freedom and their Constitutional rights to learn the issue, register to vote and show up on Nov. 8 to #GUNVOTE. Don’t risk your rights.

— Lawrence G. Keane

Lawrence G. Keane is the Senior Vice President and General Counsel for NSSF, the firearm industry trade association.

NSSF Denounces Unconstitutional Gun Ban Passed by U.S. House of Representatives

NEWTOWN, Conn. — NSSF®, the firearm industry trade association, condemns the U.S. House of Representatives’ passage of H.R. 1808, the Assault Weapons Ban of 2022, as amended. The legislation ignores the Constitutional right, upheld by the U.S. Supreme Court, for law-abiding Americans to keep and bear arms that are in common use. NSSF estimates that there are over 24.4 million Modern Sporting Rifles (MSRs) in circulation in America between 1990 and 2020.

“This legislation is as dangerous as it is revealing of the contempt for which the House Democrats hold for the Constitution and the U.S. Supreme Court,” said Lawrence G. Keane, NSSF’s Senior Vice President and General Counsel. “Chairman Jerrold Nadler admitted during debate in his committee that he didn’t care the legislation was unconstitutional and defied Supreme Court precedent. Democratic representatives are not fulfilling the interest of ‘the People,’ instead representing special-interest gun control groups that seek to disarm law-abiding citizens and scapegoat them for crimes committed by others.” Read more

USCCA Denounces Egregious Violation of Second Amendment Rights

The Assault Weapons Ban of 2022 ineffectively addresses violent crime and punishes law-abiding citizens

West Bend, WI – The U.S. Concealed Carry Association (USCCA), which is one of the fastest-growing organizations in the country representing responsibly armed Americans, released the following statement on the House passage of the Assault Weapons Ban of 2022:

“The fundamental, natural-born right to defend yourself and your family should not be subject to what the federal government deems ‘acceptable’ for private civilian use,” said USCCA President and Founder Tim Schmidt. “The arbitrary label ‘assault weapon’ was created and perpetuated by anti-gun politicians and the media. Guns are inanimate objects and do not possess the ability to hurt people on their own.” Read more

FPC Statement on House Passage of the “Assault Weapons Ban of 2022”

WASHINGTON, D.C. — Firearms Policy Coalition issued the following statement in response to the House vote on H.R.1808, the “Assault Weapons Ban of 2022”:

Today, the House of Representatives passed H.R.1808, which would, if enacted, criminalize the lawful and constitutionally protected conduct of millions of Americans.

In a time of economic recession, gross overreach and abuse of power by the federal government, and cascading governmental policy failures at all levels, 217 depraved representatives, including the deciding votes cast by Republicans Jacobs (NY) and Fitzpatrick, voted to violate natural rights and our Constitution, choosing to promote policies that would imprison peaceable people who have done no wrong.

There is no world in which American gun owners bend the knee and comply with this evil legislation. Further, if H.R.1808 is enacted, FPC Law will swiftly and aggressively take all actions necessary to fight and enjoin the bill.

Individuals who would like to Join the FPC Grassroots Army and support important pro-rights lawsuits and programs can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on InstagramTwitterFacebookYouTube. Read more

FPC Files New Brief in Lawsuit Challenging Pennsylvania Young Adult Handgun Carry Ban

Philadelphia, PA– Thursday, Firearms Policy Coalition (FPC) announced the filing of an opening letter brief in Lara v. Evanchick, its Pennsylvania lawsuit seeking to restore the right to carry arms in public for adults under 21 years of age. The brief, which was requested by the Court after the Supreme Court’s opinion in NYSRPA v. Bruen, can be viewed at FPCLegal.org.

“The impact of Bruen on this case is plain: it establishes that the Second Amendment protects the right to publicly carry and transport firearms, it forecloses the Commissioner’s argument that 18-to-20-year-old adult Pennsylvanians may be excluded from the enjoyment of that right, and it precludes the application of means-end scrutiny to the Pennsylvania age restrictions, which are instead invalid per se,” argues the brief. “The Court should reverse the decision below and order entry of judgment in Plaintiffs’ favor.”

“This is just the latest case against unconstitutional carry laws where we have responded to a request for additional briefing regarding Bruen’s impact,” said Director of Programs Bill Sack. “We look forward to restoring the People’s right to bear arms nationwide as the Supreme Court’s decision begins to affect numerous other pending cases.” Read more

NRA America’s 1st Freedom: What We Must Do to Defend Gun Manufacturers and Stores

NRA America’s 1st Freedom: What We Must Do to Defend Gun Manufacturers and Stores

As the lead attorney for the National Shooting Sports Foundation (NSSF), Lawrence Keane, is involved in litigation and legislation related to the firearm industry. Lately, firearm manufactures and stores are constantly vilified and under attack by the Biden administration.

“Many banks and other financial-service providers have been discriminating against the firearms industry for years now,” says Keane before getting into what we can do about it. Because there are things we can and must do, as America’s firearms manufacturers and gun stores are under attack from many directions.

The full interview with Keane is available exclusively at A1F.com. Read more

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