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

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

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

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

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

BELLEVUE, WA – Attorneys representing the Second Amendment Foundation and fellow plaintiffs in a lawsuit against the California Department of Justice (DOJ) for arbitrarily delaying the state waiting period beyond 10 days during the COVID crisis have filed a respondent’s brief in the case, which is known as Campos v. Bonta.

The complaint was originally filed in August 2020. Joining SAF in the case are the California Gun Rights Foundation, San Diego Gun Owners PAC, Firearms Policy Foundation, Firearms Policy Coalition, Poway Weapons & Gear, Five Five Six, Inc., and three private citizens. They are represented by attorneys Bradley A. Benbrook and Stephen M. Duvernay, Benbrook Law Group in Sacramento.

The case centers around DOJ’s assertion during the COVID panic that it had the authority to extend the 10-day waiting period beyond what is allowed in state statute. In early April 2020, DOJ released a statement claiming that the statute gave it general authority to expand the statutory 10-day waiting period for all firearm transactions, up to 30 days. Citing reduced staffing due to the COVID-19 pandemic, DOJ “advised that background checks may no longer be performed during the initial 10-day waiting period.” DOJ allegedly delayed more than 220,000 transactions beyond the 10-day waiting period due to claimed administrative burden caused by pandemic staffing shortages. Read more

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BELLEVUE, WA – Attorneys for the Second Amendment Foundation and its partners in a long-running legal challenge of California’s magazine ban statute have filed a memorandum in support of their motion for summary judgment and opposition to the state’s counter-motion for a summary judgment. The case is known as Wiese v. Bonta, originally filed in 2017.

SAF is joined by the Calguns Foundation, Firearms Policy Coalition, Firearms Policy Foundation and several private citizens. They are represented by attorneys George M. Lee at Seiler Epstein LLP in San Francisco and Raymond M. DiGuiseppe at DiGuiseppe Law Firm in Southport, N.C. The case is in U.S. District Court for the Eastern District of California. Read more