Category: Gun Control

Biden Announces Six “Initial Actions” to Address “Gun Violence”

With Vice President Kamala Harris and Attorney General Merrick Garland looking, President Joe Biden took to the White House Rose Garden to keep his campaign promise to anti-gun groups and issued six “initial actions” he says will combat gun violence. Labeling gun crimes a “public health crisis,” Biden insisted none of his actions “in any way impinges on the Second Amendment” calling Second Amendment proponents arguments “phony”.

Second Amendment organizations disagree. Biden stepped up that rhetoric, “no amendment to the Constitution is absolute.” Biden’s “initial actions” include directing the Justice Department to propose a rules to stop “ghost guns,” redefine pistol braces, propose action on community violence intervention, produce a pilot “red flag” law for all states, and issue to a report on gun trafficking.

If those weren’t enough, he announced his nomination of former ATF agent turned-anti-gun consultant David Chipman to head the ATF.

Gun Control

NSSF Condemns City of Gary, Ind., Scapegoating of Public Safety

NEWTOWN, Conn. – The National Shooting Sports Foundation®, the firearm industry trade association, strongly criticized the City of Gary, Ind., effort to revive its lawsuit against firearm manufacturers that seeks to hold members of the firearm industry legally responsible for the harm caused to the city by the actions of criminals who misuse firearms.

“The decision by elected officials in the City of Gary to try to breathe life back into this junk lawsuit after failing for two decades to litigate its case is unfathomable,” said Lawrence G. Keane, NSSF® Senior Vice President and General Counsel. “The city has ignored the basic tenets of enforcing law and holding criminals accountable for their misdeeds. Instead, they’ve chosen to squander citizen tax dollars to pursue baseless claims that have been repeatedly thrown out of court in similar cases when municipalities attempted lawsuit abuse tactics. The firearm industry has been proactive and responsible in preventing the criminal and negligent misuse of firearms. The same cannot be said of the City of Gary.” Read more

Gun Control

SCOTUS Denies Review to NJ AG in SAF-Defense Distributed Case

BELLEVUE, WA – The U.S. Supreme Court has denied a petition for certiorari from New Jersey Attorney General Gurbir Grewal in his effort to escape the jurisdiction of the Fifth U.S. Circuit Court of Appeals in the ongoing First Amendment case brought by Defense Distributed and the Second Amendment Foundation.

The Fifth Circuit had ruled unanimously that Grewal, because of his efforts to prevent distribution of materials related to the 3D printing of firearms, was subject to the jurisdiction of the Texas courts. Defense Distributed is headquartered in Texas.

“It’s not every day you beat a state attorney general at the Supreme Court,” observed SAF founder and Executive Vice President Alan M. Gottlieb, “especially when he had been supported by other anti-gun state attorneys general from New York, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia and Washington, and the District of Columbia. This is a huge victory.”

The Defense Distributed case has always been about the First Amendment, Gottlieb observed. He recalled how Grewal had moved to dismiss the SAF/Defense Distributed lawsuit filed in the Western District of Texas “for lack of personal jurisdiction.” But the Fifth Circuit appellate ruling placed Grewal’s efforts squarely under that circuit’s jurisdiction and the SCOTUS allowed that to stand.

“Anti-gun attorneys general need to be held accountable for threatening gun owners and the firearms industry,” Gottlieb stated, “and that includes efforts to prevent distribution of information relating to 3D printing. Grewal tried to enjoin national distribution of Defense Distributed’s files on the Internet.

“This is one of several cases against the State of New Jersey and Grewal in which SAF is involved,” he continued. “We’re also suing the state, with several other parties, over the state’s capricious carry laws and gun purchase permitting process.”

The next move in the SAF-Defense Distributed case is their injunction request at the Federal District court, where plaintiffs will pursue their injunction request. Read more

Firearms, Gun Control

CCRKBA: Poll Shows Voters Smarter Than Anti-Gun Democrats

BELLEVUE, WA – A brand new Rasmussen survey indicates that 64 percent of likely U.S. voters say “it’s not possible to completely prevent mass shootings,” and the Citizens Committee for the Right to Keep and Bear Arms says this is proof voters are smarter than Joe Biden and his anti-gun Democrat colleagues on Capitol Hill.

“We’re not surprised that a majority of likely voters have this one figured out better than Biden,” said CCRKBA Chairman Alan Gottlieb. “After Georgia and Colorado, fewer than one in four (23%) believe mass shootings can be completely prevented, and those voters must live in the same fantasy land as the president and his Congressional comrades.”

The Rasmussen survey shows 51 percent of voters don’t believe stricter gun control laws would help prevent mass shootings. Only 39 percent think tougher laws are the answer, the survey said. A majority (49%) also thinks the United States does not need stricter gun laws, the poll revealed, while 46 percent think the country needs tougher laws.

“As one might expect,” Gottlieb observed, “Democrats by a 77 percent margin favor stricter gun control laws, but 71 percent of Republicans are against tougher laws, and so are 60 percent of Independent voters, according to the survey. Read more

Gun Control

SAF, Partners Challenge NJ Gun Laws in Federal Lawsuit

BELLEVUE, WA – The Second Amendment Foundation today filed a federal lawsuit challenging the constitutionality of the state’s restrictive gun laws, alleging in a 28-page complaint that “New Jersey laws…unconstitutionally restrict the acquisition of firearms.”

SAF is joined by the Association of New Jersey Rifle & Pistol Clubs, Inc., the New Jersey Second Amendment Society, the Coalition of New Jersey Firearms Owners, the Firearms Policy Coalition, Bob’s Little Sport Shop, Inc., and three private citizens. They are represented by attorneys David H. Thompson, Peter A. Patterson and Joseph O. Masterman at Cooper & Kirk, PLLC in Washington, D.C., Daniel L. Schmutter at Hartman & Winnicki, P.C. in Ridgewood, N.J. and David D. Jensen at David Jensen & Associates, Beacon, N.Y.

The lawsuit is known as Kendrick v. Grewal.

Named as defendants in the complaint, which was filed in U.S. District Court for the District of New Jersey, are New Jersey Attorney General Gurbir S. Grewal, State Police Supt. Patrick J. Callahan, Bridgeton Police Chief Michael Giamari, Harrison Township Police Chief Ronald A. Cundey and Glassboro Police Chief John Polillo, in their official capacities.

“This legal action has been a long time coming, ever since Carol Bowne of Berlin Township was murdered in her own driveway in 2015 while waiting for her firearm permit to be processed,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The hoops one must go through and waits one must endure, plus the fees attached has resulted in a complicated process that delays approval far beyond what existing state law allows. Read more

Gun Control

California Forced to Comply in Sharp v. Becerra Rifle Registration Case

BELLEVUE, WA – After two years of litigation over a botched computer program to register so-called “assault weapons” in California, a settlement has been reached between the state and all parties involved, the Second Amendment Foundation revealed.

The case is known as Sharp v. Becerra. In 2016, the California Legislature created a new “assault weapon” classification requiring registration. But there was a problem with the online registration process that prevented gun owners from actually complying before the July 1, 2018 deadline, so a lawsuit was filed by several parties including SAF, the Firearms Policy Coalition, Calguns Foundation, Firearm Policy Foundation and the Madison Society Foundation, along with several private citizens.

“Under this agreement,” said SAF founder and Executive Vice President Alan M. Gottlieb, “California must reopen the registration process for all individuals who possessed eligible firearms, and reimburse all plaintiffs. California DOJ is required to announce the re-opened registration period and provide notice to other known gun rights groups and law firms. This requirement especially applies to every person who called or emailed the DOJ to complain about being unable to register before or after the original deadline. The department must also conduct a public outreach campaign to notify the public about the reopened registration period.

“It’s fair to say our lawsuit prevented guns from being banned and confiscated, and their owners from being prosecuted,” he stated. Read more

Gun Control

SAF Applauds CO Judge’s Ruling Striking Down Boulder Gun Ban

BELLEVUE, WA – The Second Amendment Foundation is applauding a ruling by a Boulder, Colorado District Judge striking down a Boulder city ordinance that outlawed possession, sale or transfer of semi-automatic sporting rifles and magazines capable of holding more than 10 rounds.

“This wasn’t our case,” noted SAF founder and Executive Vice President Alan M. Gottlieb, “but it was the right decision by Judge Andrew Hartman. He ruled against the city ordinance because it violated Colorado’s state preemption law, which prohibits such local ordinances as the one in Boulder. Anti-gun politicians and organizations target such laws because they require uniformity in state gun laws and prevent the creation of legal minefields designed to trip up law-abiding citizens.”

Gottlieb is also delighted that the media alluded to a landmark U.S. Supreme Court ruling in June 2010 that incorporated the Second Amendment to the states via the 14th Amendment. This was a SAF case known as McDonald v. City of Chicago, which nullified that city’s long-standing ban on handguns.

Judge Hartman’s ruling is another victory for state preemption, Gottlieb noted, coming soon after a Washington State Court of Appeals panel ruled unanimously in a SAF lawsuit that the City of Edmonds acted illegally when it adopted a so-called “safe storage” requirement a few years ago. SAF and the National Rifle Association challenged that restriction and a similar one in the City of Seattle. Washington has one of the earliest preemption statutes, which has been used as a model for similar laws in other states.

In Colorado, Judge Hartman wrote, “The Court has determined that only Colorado state (or federal) law can prohibit the possession, sale, and transfer of assault weapons and large capacity magazines…the State of Colorado has passed laws that are effectively a scheme preempting local governments from enacting municipal firearms and magazine possession ordinances.” Read more

Gun Control

SAF Sues Illinois State Police for Failure to Process CCL Applications

BELLEVUE, WA – The Second Amendment Foundation has filed a federal lawsuit today against the head of the Illinois State Police and the agency’s Firearms Services Bureau chief, alleging they have allowed the agency to indefinitely deny state residents their right to carry by failing to process Concealed Carry Licenses in violation of state law. The case is known as Luce v. Kelly.

Joining SAF are the Illinois State Rifle Association and four private citizens. Named as defendants are ISP Director Brendan F. Kelly and Firearms Services Bureau Chief Jarod Ingebrigtsen in their official capacities. Plaintiffs are represented by attorneys David G. Sigale of Wheaton, Illinois and Gregory A. Bedell of Chicago. The lawsuit was filed in U.S. District Court for the Northern District of Illinois, Eastern Division.

“Illinois was the last state in the country to establish a licensed concealed carry program because we sued them in federal court and won,” SAF founder and Executive Vice President Alan M. Gottlieb recalled. “The legislature passed a law requiring the ISP to either approve or deny an application within 90 days if the applicant supplies fingerprints, or 120 days if fingerprints are not submitted. Read more

Gun Control

NSSF Applauds Sen. Cramer’s ‘Fair Access to Banking Act’

NEWTOWN, Conn. – The NSSF®, the firearm industry’s trade association, applauded U.S. Sen. Kevin Cramer’s (R-N.D.) introduction of the Fair Access to Banking Act. The much-needed legislation will pick up where the Fair Access to Financial Services Banking Rule left off, which was proposed by the Office of the Comptroller of the Currency until the Biden administration “paused” publication of the finalized rule.

The bill was introduced with 26 cosponsors and expands upon the work begun in the last Congress by Sen. Cramer’s introduction of S. 821, Freedom Financing Act. The Fair Access to Banking Act would require banks to provide access to services, capital, and credit based on the objective risk assessment of individual customers, rather than subjective broad-based decisions affecting whole categories or classes of customers.

The Fair Access to Banking Act would stop corporate banks from picking winners and losers based on executives’ personal politics. It also protects banks from outside pressure by special interest groups seeking to use the banks as a political weapon to advance their agenda. Read more

Gun Control

Democrats Poised for an End Run around Constitution

By Glen Wunderlich

Charter Member Professional Outdoor Media Association (POMA)

If you are a firearms owner, it’s time to pay the piper, if Democrats get their way.

Congresswoman Sheila Jackson Lee (D-Texas) has introduced a gun control measure, H.R. 127, requiring gun owner licensing, psychological evaluations, retroactive gun registration and separate licensing for modern sporting rifles.  The bill would require the owner of any firearm to supply the Bureau of Alcohol, Tobacco, Firearms and Explosives with the make, model and serial number of every gun he or she owns – and that includes guns people may have owned for years. They would also have to report the identity of any person to whom, and any period of time during which, the firearm will be loaned to that individual.

The licensing requirement mandates that the license applicant undergoes a criminal background check, and then submits to a psychological evaluation to determine whether the person is psychologically unsuited to possess a firearm. Successful licensees must show they have an insurance policy which will cost $800.

“H.R. 127 is a constitutionally-challenged monstrosity,” Alan Gottlieb of the Citizens Committee for the Right to Keep and Bear Arms stated. “It ignores the fact that the Second Amendment protects a fundamental right to keep and bear arms, not some strictly-regulated government privilege. Government cannot require a psychological evaluation to exercise a right enumerated in the Constitution.”

CNN’s Anderson Cooper questioned the president on the campaign trail in 2019, asking “To gun owners out there who say a Biden administration means they’re going to come for my guns…” “Bingo!” President Biden interrupted, “You’re right, if you have an assault weapon … The fact of the matter is they should be illegal. Period.”

With President Biden’s announcement of his gun control plan that includes an MSR ban that would mean nearly 20 million MSR-owning Americans would become criminals. That doesn’t sound like “unifying the country,” especially when millions of those MSR owners are in communities where law enforcement budgets have been cut, leading to spikes in crime.

However, the firearm industry provides “Real Solutions” from the National Shooting Sports Foundation, including partnerships with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and local law enforcement to include:

*Partnering with 15,000 law enforcement agencies to distribute 40 million firearm safety kits, including locking devices, for safe firearm storage through Project ChildSafe®.

*Fixing the FBI’s background check system by changing the law in 16 states and in Congress to increase reporting of disqualifying adjudicated mental health records.

*Partnering with the ATF to prevent illegal firearm straw purchases and warning it is a crime punishable by 10 years in prison and a $250,000 fine.

*Improving security at firearm retailers, with ATF, to deter criminals from stealing firearms.

*Matching ATF reward offers up to $5,000 to bring criminals to justice that steal firearms.

*Preventing firearm suicides with the American Foundation for Suicide Prevention and Department of Veterans Affairs.

It’s difficult to comprehend how government would be able to enforce provisions of HB 127 but such lunacy of elitist officials will further divide this nation.  The choice is simple:  Threaten millions of law-abiding Americans and tax them into submission for exercising their God-given right to self-defense or hold criminals responsible for their behavior.

Gun Control
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