Category: Gun Control

SAF, CCRKBA Join in Amicus Brief Challenging Maryland Gun Law

BELLEVUE, WA – The Second Amendment Foundation and Citizens Committee for the Right to Keep and Bear Arms have joined in an amicus (friend of the court) brief in a case challenging Maryland’s process to obtain a licenses to possess a handgun in one’s home, contending that this violates the Second Amendment.

SAF and CCRKBA are joined by the International Law Enforcement Educators and Trainers Association, International Association of Law Enforcement Firearms Instructors, Professors of second Amendment Law, Jews for the Preservation of Firearms ownership, Millennial Policy Center and Independence Institute. Their joint amicus brief opposes a motion for summary judgment by the defendants, and supports the plaintiffs’ cross motion for summary judgment.

The case was brought by Maryland Shall Issue, Inc.

“We’ve joined in this brief because Maryland’s licensing process is expensive and lengthy, and a right delayed is a right denied,” said SAF founder and CCRKBA Chairman Alan Gottlieb. “No citizen should have to jump through so many hoops simply to have a gun in their own home. There were no such requirements or regulations in Maryland at the time the Constitution was ratified, and the current regulatory scheme seems more intended to discourage responsible firearms ownership than guarantee that gun owners safely handle their firearms.

“The training requirement in Maryland imposes a burden on a citizen’s ability to exercise his or her Second Amendment rights,” he continued. “But evidently in Maryland, as in some other states, the government has arbitrarily decided to treat the Second Amendment right as a regulated privilege, and that simply cannot be allowed to stand.”

The 46-page amicus brief looks at the history of gun rights since colonial days. The brief was prepared by Maryland attorney Gregory M. Kline, with support from Joseph G.S. Greenlee at the Millennial Policy Center and David B. Kopel with the Independence Institute, both located in Denver.

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

Gun Control, Self Defense

NSSF Urges Immediate Kavanaugh Vote Following FBI Investigation

NEWTOWN, Conn. — The National Shooting Sports Foundation® (NSSF®) reconfirms its support for Judge Brett Kavanaugh and urges the United States Senate to act quickly to confirm Judge Kavanaugh to the Supreme Court.

Judge Brett Kavanaugh is among the most highly-qualified nominees ever to be considered for the United States Supreme Court. Upon completion of the FBI investigation and determination by that agency that there is no evidence that would disqualify him from a career of service, the National Shooting Sports Foundation calls for the United States Senate to act quickly and to vote to confirm Judge Kavanaugh to the nation’s highest court.

In July, NSSF backed President Trump’s nomination of Judge Kavanaugh. Since that time, Larry Keane, NSSF Senior Vice President and General Counsel, has explained Judge Kavanaugh’s history on firearm-related issues and the impact his seat would have in potential upcoming firearm-related cases that could reach the Supreme Court. Read more

Gun Control

SAF, Defense Distributed Add Defendants in Amended Lawsuit

BELLEVUE, WA – The Second Amendment Foundation and Defense Distributed have amended their lawsuit to include four more state and local officials, accusing them of “unconstitutional prior restraint” by attempting to prevent online sharing of 3-D firearms printing technology despite a Justice Department settlement of a lawsuit earlier this summer.

The lawsuit, filed in U.S. District Court for the Western District of Texas in Austin, now names New York Gov. Andrew Cuomo, Pennsylvania Gov. Thomas Wolf, Delaware Attorney General Matthew Denn, Pennsylvania Attorney General Josh Shapiro, along with original defendants, New Jersey Attorney General Gurbir S. Grewal and L.A. City Attorney Michael Feuer. A settlement between Defense Distributed and the U.S. Justice Department ending a lengthy legal action that would have allowed the Texas-based firm to post its 3-D printing information online, as of Aug. 1.

But the defendants, according to the amended complaint, “are so eager to abridge the Second Amendment’s right to keep and bear Arms that they are willing abridge the First Amendment as a means of doing so.” Read more

Firearms, Gun Control

Federal Court Enjoins Part of California Penal Code in SAF Case

BELLEVUE, WA – A federal district court has ruled that a section of the California Penal Code is unconstitutional and has issued an injunction against enforcement of a prohibition on the display of handguns or handgun placards that may be seen from the outside of a store in a case supported by the Second Amendment Foundation and two California gun rights groups.

The case involved Tracy Rifle and Pistol (TRAP), Ten Percent Firearms, Sacramento Black Rifle, Inc., and PRK Arms. SAF was joined in supporting the case by the Calguns Foundation and California Association of Federal Firearms Licensees. The lawsuit was filed some three years ago against then-Attorney General Kamala Harris and the chief of the state Department of Justice Bureau of Firearms. Harris has since been elected to the U.S. Senate.

The lawsuit asserted that Section 26820 of the California Penal Code violated the First Amendment rights of the gun shop operators because it stated, “No handgun or imitation handgun, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can readily be seen from the outside.” Read more

Gun Control

33rd Annual Gun Rights Policy Conference in Chicago

BELLEVUE, WA – Teen Second Amendment activist Kyle Kashuv, a student survivor of the tragic shooting at Marjory Stoneman Douglas High School in Parkland, Florida, will be a featured speaker at the 33rd annual Gun Rights Policy Conference, which will be held Sept. 21-23 in Chicago.

The conference will be held at The Hyatt Regency O’Hare, 9300 Bryn Mawr Avenue, Rosemont, IL 60018. It is co-sponsored by the Second Amendment Foundation (SAF) and Citizens Committee for the Right to Keep and Bear Arms (CCRKBA). Hundreds of Second Amendment activists and experts are expected to attend. Read more

Firearms, Gun Control, Self Defense

SAF, Defense Distributed Sue New Jersey A.G., Los Angeles City Atty.

BELLEVUE, WA – The Second Amendment Foundation and Defense Distributed took the necessary action of filing a federal lawsuit on Sunday against the New Jersey Attorney General and Los Angeles City Attorney, accusing them of “unconstitutional prior restraint” by attempting to prevent online sharing of 3-D firearms printing technology despite a Justice Department settlement of a lawsuit several days ago.

The lawsuit was filed in U.S. District Court for the Western District of Texas in Austin. Both New Jersey Attorney General Gurbir S. Grewal and L.A. City Attorney Michael Feuer sent letters threatening legal actions that the plaintiffs allege violate their First Amendment speech rights, according to court documents. A settlement between Defense Distributed and the U.S. Justice Department ending a lengthy legal action allows the Texas-based firm to post its 3-D printing information online, as of Aug. 1.
“What Grewal and Feuer are attempting is an unconstitutional exercise of prior restraint,” said SAF founder and Executive Vice President Alan M. Gottlieb. “They are trying to prevent Defense Distributed and its founder, Cody Wilson, from exercising free speech under color of law.”
“We have the right to publish this information,” added Wilson, “and now the New Jersey Attorney General and Los Angeles city attorney can pay for it.”
Wilson and SAF had been engaged in a lawsuit against the government for preventing the online publication of the 3-D technology. With the settlement announcement earlier this month, Wilson was preparing to resume the online availability of the information, but Grewal and Feuer both advised by letter that they would take action. Feuer also tweeted threats of legal action, the complaint notes.

Read more

Gun Control

9th Circuit Panel Rules Open Carry Falls Within Core of Second Amendment

A three judge panel of the 9th Circuit Court has ruled Hawaii’s limitation on the open carry of firearms to those ‘engaged in the protection of life and property’ violates the core of the Second Amendment and is void; the County may not constitutionally enforce such a limitation on applicants for open carry licenses.” Further, the opinion states, limitation on the open carry of firearms to those ‘engaged in the protection of life and property’ violates the core of the Second Amendment and is void; the County may not constitutionally enforce such a limitation on applicants for open carry licenses.”Second Amendment advocates say this decision will likely lead to an eventual hearing before the United States Supreme Court.

Gun Control, Self Defense

Gun Control Tanks as Midterm Election Issue

Gallup’s July survey found that the number of Americans who cited guns or gun control as the most important problem facing America had returned to levels similar to before the shooting in Parkland, Fla. This month, just two percent of Americans say guns and gun control are the most important problem. It was only a few short months ago that a record number of Americans cited guns as the most important problem (April, 13%).
Guns aren’t mentioned at all in the Gallup article on the July survey – not even in the section about “Americans’ Views of the Top Problem Facing the U.S.” Perhaps even more tellingly, it was not one of the top five most important problems cited by Democrats. You’ll only find the data on guns/gun control if you download the full trend file and turn to the last page.

After Parkland, we were told that “the gun control movement has reached a tipping point ” and that “this time it’s different.”

But the real difference might simply have been the intensity with which the agenda-driven media pursued the issue when they believed there was an opportunity to generate momentum behind it.

The fortunate truth is that Parkland-type incidents remain extremely rare. And as time passes, details emerge that refute the false idea that gun control could stop the few that actually do occur.  In the case of Parkland, these included details on the missteps of local law enforcement and the FBI and missed opportunities for early intervention and even for response at the scene.

However many Americans see guns and a perceived lack of gun control as a problem facing the country, few consider it the most important. Economic issues, immigration, government, healthcare, and the political environment all rate higher, as well they should.

The rarity of such events makes the ones that do occur seem that much more awful. It is understandable the nation becomes riveted for a time. But knee jerk reactions promote neither safety nor good policy. And to their credit, Americans increasingly understand this as cooler heads prevail.

Source: NRA-ILA
Gun Control

SAF, NRA Sue Seattle Over Storage Ordinance That Violates State Law

BELLEVUE, WA – The Second Amendment Foundation and National Rifle Association today filed a lawsuit against the City of Seattle and Mayor Jenny Durkan over adoption of a so-called “safe storage” requirement, alleging that it violates Washington State’s 35-year-old preemption statute, and is therefore unenforceable.

Also named as defendants are the Seattle Police Department and Chief Carmen Best.
State law prohibits cities, towns and counties or other municipalities from adopting gun regulations that exceed state authority. The state legislature has sole authority to adopt gun laws including, but not limited to, registration, licensing, possession, purchase, sale, acquisition, transfer, discharge and transportation of firearms.
“The City of Seattle has been trying to erode state preemption almost from the moment it was passed back in 1985,” recalled SAF founder and Executive Vice President Alan M. Gottlieb. “When the city tried to ban guns from city parks facilities under former mayors Greg Nickels and Mike McGinn, SAF and NRA joined forces with other organizations to stop it, under the state preemption statute. We should not have to repeatedly remind Seattle that they are still part of Washington State and must obey the law.”
Joining SAF and NRA in the lawsuit are two Seattle residents, Omar Abdul Alim and Michael Thyng. They are both firearm owners.
Gun Control

Gun Owner Groups Win Lawsuit Against City of Columbus, Ohio

COLUMBUS, OH – A Columbus Common Pleas Court today granted a permanent injunction against the City of Columbus forbidding it from enforcing its ban against bump stocks.

Buckeye Firearms Foundation and Ohioans for Concealed Carry lodged the suits soon after the ordinance was passed by City Council.

In a strongly worded final judgement, Cain dismantled the argument put forth by Columbus that it had the right to pass the ordinance against so-called bump stocks or trigger enhancers despite the fact that Ohio state law expressly forbids cities from passing their own firearms laws.

Judge Cain wrote in the ruling, “Columbus’ logic doesn’t work. It is clear that a bumpstock is a component of a firearm. Since this is so, the Bump-Stock Ban forbids something that state law allows, i.e. ownership of firearm components. The BumpStock Ban is in conflict with R.C. 9.68.”

“This is exactly what we expected,” said Dean Rieck, Executive Director of Buckeye Firearms Association. “We told the city that it could not pass any gun laws. But they ignored us and did it anyway. This victory is not a surprise, but it should be a warning to other cities in Ohio. Buckeye Firearms Association will not tolerate infringements against the Second Amendment and will take action against any city that passes unconstitutional laws.” Read more

Gun Control
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