Category: Gun Control

Federal Judge Vacates ATF’s ‘Final Rule” on Unfinished Frames, Receivers

BELLEVUE, WA—The Second Amendment Foundation is celebrating a ruling by a federal judge in Texas against Joe Biden’s ATF by vacating the agency’s “final rule” which treated unfinished frames and receivers the same as if they are functional firearms.

SAF was allowed to intervene in the case last December. The case is known as VanDerStok v. Garland.

U.S. District Judge Reed O’Connor handed down the decision Friday, noting in his 38-page ruling that, “A part that has yet to be completed or converted to function as frame or receiver is not a frame or receiver. ATF’s declaration that a component is a ‘frame or receiver’ does not make it so if, at the time of evaluation, the component does not yet accord with the ordinary public meaning of those terms.”

Elsewhere, Judge O’Connor puts ATF on the spot by rejecting the government’s argument that it has previously taken action against a firearm component, thus it has regulatory authority over firearm parts. But the judge observes, “If these administrative records show, as Defendants contend, that ATF has previously regulated components that are not yet frames or receivers but could readily be converted into such items, then the historical practice does nothing more than confirm that the agency has, perhaps in multiple specific instances over several decades, exceeded the lawful bounds of its statutory jurisdiction. That the agency may have historically acted ultra vires does not convince the Court it should be permitted to continue the practice.” Read more

Firearms, Gun Control

Parties Agree to Enforcement Stay of Warrantless Retailer Searches

BELLEVUE, WA – One week after the Second Amendment Foundation challenged Pennsylvania’s promulgated firearms regulation and its enforcement by the Pennsylvania State Police (PSP) and Montgomery County Sheriff’s Office, the sheriff has agreed to a court ordered stay enforcement of his policy of inspecting gun shops without a warrant.

The action is known as Schmidt, et al. v. Paris, et al. Joining SAF are Shot Tec, LLC and a private citizen, Grant Schmidt. They are represented by attorneys Joshua Prince and Dillon Harris, Civil Rights Defense Firm, of Bechtelsville, Pa. Defendants are Col. Christopher Paris, commissioner of the Pennsylvania State Police (PSP) and Montgomery County Sheriff Sean Kilkenny, in their official capacities. The action was filed in the Commonwealth Court of Pennsylvania.

In a stipulation of the parties filed Friday, Montgomery County Sheriff Sean Kilkenny will stay enforcement of the search policy, but noted he “intends to respond in opposition to the Petition for Review, and this Stipulation shall not be interpreted as a waiver or limitation on the Sheriff’s ability to oppose and raise his defenses to the substance of the Petition.” Commissioner Paris has no objection. Read more

Gun Control

Reaction to Senate Failure to Block Pistol Brace Rule

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

“It’s incredibly disappointing that, despite an outpouring of grassroots opposition to the rule, the Senate concurred with President Biden and voted to make their constituents felons. Gun Owners of America will continue to fight back in the Courts, where we have already seen some strong success. The fight will go on.”

Lawrence G. Keane, NSSF Senior Vice President and General Counsel:

“This vote was disappointing, if not expected. We are deeply troubled by the unchecked growth of the administrative state that threatens our fundamental rights and liberty.”

Gun Owners of America’s Reaction to Senate Failure to Block Pistol Brace Rule

Washington, D.C. – Yesterday, the U.S. Senate failed to block the Biden Pistol Brace Rule under the Congressional Review Act. The final vote, which was split along party lines, was 50-49. During debate, Democratic Majority Leader Chuck Schumer spread disinformation about pistol braced firearms, claiming that they convert pistols into machineguns. Read more

Gun Control

NSSF Criticizes DOJ Deal for Hunter Biden’s Gun Crimes

WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, criticizes the Department of Justice’s (DOJ) plea agreement with Hunter Biden, son of President Joe Biden, to avoid prosecution for illegally possessing a firearm as an admitted drug user. The agreement comes at the same time the Biden administration is punishing firearm retailers by revoking licenses and terminating livelihoods for minor clerical errors with its “zero-tolerance” policy.

The Biden administration and the Attorney General Merrick Garland-led DOJ are more interested in appealing to special-interest gun control donors than they are concerned with upholding the law. This agreement fuels Americans’ concerns that the Biden administration supports two systems of justice – one that protects the Biden administration, the Biden family and its political allies and another that doles out punishments for those who oppose the Biden administration’s policies.

“Under this administration’s ‘zero tolerance’ policy, licensed firearm retailers have had their lives destroyed for paperwork mistakes far less egregious than buying a gun when you are a crack addict,” said Lawrence G. Keane, NSSF’s Senior Vice President and General Counsel. “They are not serious about reducing gun violence, only scoring cheap political points. It is worth noting this announcement came today, after President Biden’s appearance in Hartford last Friday to call for gun control.”

President Biden appeared at the National Safer Communities Summit in Hartford, Conn., during which he again called on Congress to pass unconstitutional gun control measures that would ban an entire class of commonly-owned semiautomatic rifles and for suing members of the firearm industry. Read more

Firearms, Gun Control

SAF Sues Penn. Sheriff to Stop Warrantless Searches

BELLEVUE, WA – The Second Amendment Foundation today filed a challenge of Pennsylvania’s promulgated firearms regulation and its enforcement by the Pennsylvania State Police and Montgomery County Sheriff’s Office, which includes warrantless searches.

SAF is joined by Shot Tec, LLC and a private citizen, Grant Schmidt. They are represented by attorneys Joshua Prince and Dillon Harris, Civil Rights Defense Firm, of Bechtelsville, Pa. Defendants are Col. Christopher Paris, commissioner of the Pennsylvania State Police (PSP) and Montgomery County Sheriff Sean Kilkenny, in their official capacities. The action was filed in the Commonwealth Court of Pennsylvania.

The petition challenges Col. Paris and the PSP’s “interpretation, implementation and enforcement” of the firearms regulation “which is being enforced” by Kilkenny, according to the court filing. The petition alleges that Sheriff Kilkenny “has implemented a policy…which he contends, based on the PSP’s promulgation and implementation of (the regulation) permit him, in the absence of probable cause and a warrant and in violation of…the Pennsylvania Constitution, to come into those…homes or business.” Read more

Gun Control

NSSF Files Motion to Enjoin California Firearm Industry Liability Law

WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, filed a motion for a preliminary injunction in its legal challenge, NSSF v. Bonta, seeking to enjoin California’s firearm industry liability law, AB 1594, that was passed last year and signed into law by Gov. Gavin Newsom. The unconstitutional law permits and encourages civil suits against members of the firearm industry for the damages caused by the actions of criminals. This law is an affront to the U.S. Constitution and abuses the judicial system in an attempt to circumvent the will of the U.S. Congress when it passed the Protection of Lawful Commerce in Arms Act (PLCAA). The law goes into effect July 23. NSSF’s motion to enjoin was filed by Clement & Murphy, PLLC.

NSSF’s motion argues that California’s firearm industry liability law is preempted by the federal Protection of Lawful Commerce in Arms Act (PLCAA) which was passed with bipartisan support in Congress and subsequently signed into law by President George W. Bush in 2005. The PLCAA was specifically enacted to stamp out frivolous lawsuits sought by activist politicians, gun control lawyers and greedy trial lawyers seeking to bankrupt the lawful firearm industry by blaming them and their lawfully-sold and non-defective products for the violence and harm caused by criminals who misuse firearms to commit their crimes.

“It’s no surprise California’s rabidly antigun General Assembly would pass and Governor Gavin Newsom would sign into law a blatantly unconstitutional attack on the lawful firearm industry instead of looking in the mirror to see how their own policies are leading to historic levels of criminal violence and endangering law-abiding and innocent Californians every day,” said NSSF Senior Vice President and General Counsel Lawrence G. Keane. “NSSF will not stand by and allow the Second Amendment rights of law-abiding Americans, or the Constitutional protections of the industry that provides the means of exercising those rights, to be trampled upon while criminals committing acts of violence are handled with kid gloves by soft-on-crime prosecutors. California’s industry liability law is in blatant defiance of the U.S. Supreme Court’s decision in Bruen and is preempted by the PLCAA. NSSF will continue to defend our constitutionally-protected industry against the broadsides of Governor Newsom and his extremist antigun agenda.” Read more

Gun Control

SAF Supports Summary Judgement Motion in Cook County Gun Ban

BELLEVUE, WA – Attorneys representing the Second Amendment Foundation and its partners in a challenge of a ban on so-called “assault weapons” by Cook County, Ill., today filed a 16-page brief supporting their earlier motion for summary judgment in the case, which is known as Viramontes v. Cook County.

The case is being adjudicated in U.S. District Court for the Northern District of Illinois. It was originally filed in August 2021. Joining SAF in this case are the Firearms Policy Coalition and three private citizens, all Cook County residents. They are Rubi Joyal, Christopher Khaya and Cutberto Viramontes, for whom the case is named. They are represented by attorneys David Sigale of Wheaton, Ill., and David H. Thompson, Peter A. Patterson and William V. Bergstrom, all with Cooper & Kirk in Washington, D.C.

According to today’s reply brief, “In seeking to justify its ban on common semiautomatic rifles, the County proposes a faulty analysis for this case, conflating the textual and historical inquiries required by Bruen and then proposing to justify its ban by comparison to historical fire safety regulations governing gunpowder storage.”

“Cook County seems determined to obfuscate this case by making arguments which do not pass the constitutional smell test,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The county contends the AR-15 and similar firearms are not appropriate for self-defense, which is simply nonsense. It’s not up to the county to determine what types of firearms are appropriate for personal protection. That’s for the citizens to decide.” Read more

Gun Control

CCRKBA Supports Senator Ernst’s Measure to Disarm IRS Agents

BELLEVUE, WA – The Citizens Committee for the Right to Keep and Bear Arms today promptly applauded Iowa Sen. Joni Ernst’s introduction of legislation to prohibit the Internal Revenue Service from arming its agents

Ernst is calling her measure the “Why Does the IRS Have Guns Act.”

“That’s really a very good question,” said CCRKBA Chairman Alan Gottlieb. “Why has the IRS spent millions of dollars on weapons and ammunition since the start of the coronavirus pandemic three years ago? According to a published report, the agency spent $2.3 million on ammunition, another $1.2 million on ballistic shields, $243,000 on body armor, nearly $475,000 on Smith & Wesson rifles and $463,000 on Beretta tactical shotguns.

“One has to wonder whether IRS agents are working for the taxpayers, or preparing to go to war against them,” he mused. “The worst thing people should ever face from the IRS is an audit, not a firing squad.” Read more

Gun Control

NSSF Commends Texas Governor for Supporting 2A Rights, Protecting Privacy Rights of Gun Owners

 

 

WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, praised Texas Gov. Greg Abbott after he signed into law legislation to safeguard the personal financial information of Texas gun owners and those making firearm industry-related purchases while using a credit card at gun retailers. Gov. Abbott enacted the financial privacy protections by signing into law HB 2837, the Second Amendment Financial Privacy Act.

The new law takes effect Sept. 1, 2023, and ensures that financial institutions and credit card companies are prohibited from using a Merchant Category Code (MCC) to track and share customers’ private financial information when they purchase firearms, ammunition and related equipment and accessories at firearm retail stores. The law also protects gun owners from political and financial retaliation for exercising their Second Amendment rights and safeguards against the possible creation of a “back-door” firearm ownership registry.

“Governor Greg Abbott has done it once again and fulfilled his duties to ensure Texans know their Second Amendment rights won’t fall victim to a radical ‘woke’ antigun agenda that seeks to weaponize the credit cards in gun owners’ wallets,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “Americans exercising their right to legally purchase firearms, ammunition and other related accessories should never be concerned that their lawful and everyday purchases could be used against them by private financial service providers or government authorities simply for exercising their Second Amendment rights. The firearm retailer MCC was suspiciously created to do just that and to track names and financial data by including it in a government-accessible watchlist. Gov. Abbott put the Second Amendment barricades up for Texas gun owners by signing this critical legislation into law. Gun owners should worry about what’s in their wallet, not who’s in their wallet.” Read more

Gun Control

NSSF Welcomes U.S. Sen.Graham’s FFL Protection Act

WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, welcomes the introduction of the Federal Firearms Licensee (FFL) Protection Act, introduced by U.S. Sen. Lindsey Graham (R-S.C.), along with 22 co-sponsors. The bill would strengthen and enhance criminal penalties for thefts of firearms from federally licensed firearm retailers. This legislation sends a strong message to those violent criminals engaging in these illicit activities and helps provide for safer communities, assists law enforcement and protects the livelihoods of firearm retailers.

“This is what true gun safety legislation looks like. Senator Graham’s FFL Protection Act sends an unequivocal message to criminals intent on burglarizing and robbing firearm retailers that the safety of America’s communities is nonnegotiable,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “This legislation sends a strong message to violent criminals engaging in these illicit activities that there will be accountability and consequences for their crimes. This legislation assigns the responsibility for the crime where it belongs – with the criminal. Senator Graham has been a staunch advocate of holding criminals accountable and protecting firearm retailers. This legislation does both. This legislation is a real solution that will make our communities safer.” Read more

Gun Control
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