NSSF Files Amicus Brief for Challenge to Colorado’s Age-Based Gun Ban

WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, filed an amicus brief with the U.S. Court of Appeals for the 10th Circuit that challenges Colorado’s age-based gun ban. Colorado’s Gov. Jared Polis signed a law last year that denies Second Amendment rights to adults under the age of 21, unconstitutionally denying their right to lawfully purchase any firearm.

NSSF argues in the amicus brief in Polis v. Rocky Mountain Gun Owners that Colorado’s law unconstitutionally denies the Second Amendment right to adult citizens between the ages of 18 to 20 to legally obtain a firearm at retail. Colorado’s law effectively institutes an age-based gun ban, denying the Constitutional right to keep and bear arms to adults fully-vested in the full spectrum of their civil liberties. No such restriction would ever be considered for any other right protected by the U.S. Constitution. Colorado’s law relegates the Second Amendment to a second-class right.

The U.S. District Court Judge Philip A. Brimmer ruled the law was unconstitutional in August. Colorado’s Gov. Polis appealed that decision to the 10th Circuit. Read more

NSSF Hails Bicameral Letter Protecting Lake City Army Ammunition Plant from Political Intrusion

NSSF®, The Firearm Industry Trade Association, praised a bicameral letter signed by over 100 Members of Congress and U.S. Senators warning the Secretary of the Army not to risk military readiness to appease gun control special interests.

The letter to Secretary of the Army Christine E. Wormuth warned that succumbing to political pressure from New York Attorney General Letitia James to end the commercial utilization of ammunition produced at the Lake City Army Ammunition Plant in Independence, Mo., could have potentially devastating effects on military readiness. A Defense Department contract allows the plant to maintain peak readiness of machinery and skilled personnel by funding the cost through commercial utilization. Previously, the U.S. Army found machines that had been mothballed and a reduced skilled labor force when the U.S. military and allied nations needed ammunition produced at peak levels to sustain the War on Terror.

“Ensuring our military forces are equipped with the ammunition they need to defend our nation should never be a political football for gun control special interests or the politicians supporting their radical agenda,” said Lawrence G. Keane, NSSF Senior Vice President & General Counsel. “The short-sighted and ham-fisted attempt to force gun control policies at the expense of military readiness is unfathomable to most. Fortunately, our nation’s military readiness is a priority for over 100 Members of Congress and U.S. Senators who signed this letter urging the Army Secretary to put military readiness ahead of special-interest partisan politics.” Read more

SAF, Partners Petition SCOTUS for Review in Challenge of Gun Ban

Attorneys representing the Second Amendment Foundation and its partners in a federal challenge of the Illinois ban on modern semi-auto firearms and “large-capacity magazines” have filed a petition with the U.S. Supreme Court, seeking certiorari in the case of Harrel v. Raoul.

SAF is joined by the Illinois State Rifle Association, Firearms Policy Coalition, Inc., C4 Gun Store, LLC, Marengo Guns, Inc., and a private citizen, Dane Harrel, for whom the case is named. The federal complaint was originally filed in January 2023. They are represented by attorneys David Thompson, Peter Patterson, and Will Bergstrom of Cooper & Kirk, PLLC and David Sigale in Wheaton, Ill.

“Clearly,” said SAF founder and Executive Vice President Alan M. Gottlieb, “the Illinois gun and magazine bans are unconstitutional under principles set down in the 2008 Heller ruling and the 2022 Bruen decision. In both of those opinions, the high court said the Second Amendment protects firearms in common use. It is indisputable that modern semiautomatic rifles and magazines holding more than ten cartridges are in common use by tens of millions of U.S. citizens, so such a ban is, in the court’s own words, ‘off the table.’” Read more

NSSF Petitions SCOTUS To Overturn Illinois Ban on Semiautomatic Firearms, Standard Magazines

NSSF®, The Firearm Industry Trade Association, petitioned the U.S. Supreme Court in Barnett v. Raoul, to consider the Constitutionality of Illinois’ ban on over 1,000 models of firearms including Modern Sporting Rifles (MSRs) and standard-capacity magazines.

NSSF argues that the U.S. Court of Appeals for the Seventh Circuit erred in its judgment upholding the state’s ban on the purchase and possession of more than 1,000 previously lawful semiautomatic rifles, pistols and shotguns – including the most popular semiautomatic rifle in America. The state’s ban on these firearms, and standard-capacity magazines, violates the Second Amendment of the U.S. Constitution. Read more

SAF, CCRKBA Ask SCOTUS to Review Maryland Semi-Auto Ban

The Second Amendment Foundation and Citizens Committee for the Right to Keep and Bear Arms have once again petitioned the U.S. Supreme Court to grant certiorari in their continuing challenge of Maryland’s ban on so-called “assault weapons.”

SAF and CCRKBA are joined in this petition by the Firearms Policy Coalition, Field Traders, LLC, and three private citizens, David Snope, Micah Schaefer and Dominic Bianchi, for whom the case is titled. The case is known as Bianchi v. Frosh. The Supreme Court in late June 2022 granted certiorari in the case, and vacated the earlier ruling by a lower federal court and then remanded the case back to the Fourth Circuit for further action based on guidelines established in the 2022 Bruen ruling.

Since being remanded, the case was fully briefed and argued before a three-judge panel for the Fourth Circuit. Inexplicably, over a year after argument was held and with no panel opinion issued, the Fourth Circuit sua sponte elected to hear the case en banc, further delaying the exercise of a fundamental right and seemingly to prevent publication of an opinion that favors the plaintiffs. Seeking certiorari before judgment is an extraordinary remedy reserved for cases of imperative public importance.

“It is clear to us this case must be decided by the Supreme Court,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The type of modern semiautomatic rifle banned in Maryland is in common use across the country, and is the most popular rifle in America. Yet, the Fourth Circuit and other courts of appeals have strained credulity to uphold such bans in the wake of the high court’s ruling in Bruen. This issue must be resolved.” Read more

CCRKBA Submits Amicus Brief in Cal. Gun Show Ban Case

The Citizens Committee for the Right to Keep and Bear Arms has submitted an amicus brief to the Ninth U.S. Circuit Court of Appeals supporting the federal lawsuit filed against California’s effort to ban gun shows at the Orange County Fairgrounds, and more broadly, state-owned property.

CCRKBA is joined by the Independence Institute. They are represented by attorneys David Kopel at the Independence Institute and Joseph G.S. Greenlee at Greenlee Law in McCall, Idaho. The case is known as B&L Productions v. Gavin Newsom. A lower court granted plaintiffs a preliminary injunction, and CCRKBA and the Independence Institute are asking that the Ninth Circuit affirm the lower court ruling. Read more

GOA, GOF File Lawsuit on Behalf of Newsmax’s Carl Higbie and Other Plaintiff’s Seeking NY Concealed Carry Permits

Washington, D.C. — Today, Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) filed a federal lawsuit in the Northern District of New York, challenging the state’s blanket ban on out-of-state residents being able to obtain a concealed carry permit or to have New York honor out-of-state permits.

GOA and GOF are representing several individual plaintiffs who reside in neighboring states and hold their own state’s license to carry concealed weapons. TV Host and Second Amendment Advocate Carl Higbie is one of the individual plaintiffs. Read more

CCRKBA to Maryland: ‘Stop Blaming Gun Owners, Dealers for Crime’

The Citizens Committee for the Right to Keep and Bear Arms said Maryland gun owners have every right to oppose new gun control legislation, Senate Bill 488, being pushed as the new solution to violent crime, because all it does is penalize the wrong people.

“The claims by proponents of the Gun Industry Accountability Act, including Gov. Wes Moore, that this legislation will prevent criminals from committing crimes border on the preposterous,” said CCRKBA Chairman Alan Gottlieb. “Also, the notion that creating a Center for Firearm Violence Prevention will do anything besides build another bureaucracy is, at best, wishful thinking.” Read more

Judge Grants Prelim Injunction, TRO In SAF Public Housing Gun Ban Case

A federal judge in New York has granted a temporary restraining order and preliminary injunction to the Second Amendment Foundation and its partners in a challenge of a public housing authority gun ban in Cortland, N.Y. The case is known as Hunter v. Cortland Housing Authority.

U.S. District Judge Glenn T. Suddaby handed down the 29-page decision, which enjoins the defendants and their officers, agents, servants, employees and attorneys “from, taking any action to enforce, or otherwise require any person or entity to comply with the firearms ban as set forth in the ‘Tenant’s Obligations’” in the standard lease agreement pending final resolution of the case.

SAF is joined by three public housing residents, Elmer Irwin, Doug Merrin and Robert Hunter, the latter for whom them case is named.

“This is not the first time SAF has litigated a public housing case,” noted SAF Executive Director Adam Kraut, “which have all been about the same thing, a Second Amendment violation. We have won cases in Illinois and Tennessee, and by now, it would seem that public housing authorities should have gotten the message that constitutional rights do not end at the front door. We will continue pursuing such cases as they come to our attention because people do not give up their rights simply because they live in subsidized housing.” Read more

NSSF Filed an Amicus Brief in Support of the Challenge by Michael Cargill in Garland v. Cargill

WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, filed an amicus brief with the U.S. Supreme Court in support of the challenge by Michael Cargill in Garland v. Cargill. Cargill challenges that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) overstepped its authority when officials there published a Final Rule that criminalized the possession of “bump stocks” by classifying them as “machineguns.”

“No matter what their intent is, ATF does not have the authority to supersede Congress by writing their own criminal law,” said Lawrence G. Keane, NSSF Senior Vice President & General Counsel. “Drafting criminal law through the rule-making process has become a dangerous habit of the Executive Branch that threatens the separation of powers and threatens to relegate the rights guaranteed by the U.S. Constitution as secondary to the whims of bureaucratic authorities. This dangerous precedent must be challenged or we risk surrendering our rights to the administrative state.” Read more

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