Category: Gun Control

SAF, Grass Roots NC and FPC Sue NC Sheriff Over Pistol Permit Holds

BELLEVUE, WA – The Second Amendment Foundation, Firearms Policy Coalition and Grass Roots North Carolina today filed a federal lawsuit against Wake County, N.C. Sheriff Gerald M. Baker for refusing to accept new applications for pistol purchase permits or concealed handgun permits until April 30, using the COVID-19 outbreak as justification.

The complaint was filed in U.S. District Court for the Eastern District of North Carolina, Western Division. The organizations are joined by Kelly Stafford, a Wake County resident. Plaintiffs are represented by attorneys Ed Green, Raymond M. DiGuiseppe, and Adam Kraut.

“A public health emergency doesn’t suspend or nullify the right to keep and bear arms,” said SAF founder and Executive Vice President Alan M. Gottlieb. “During times of emergency is when a citizen needs the ability to obtain the means of self-defense, and Sheriff Baker’s decision stands directly in the way of that.” Read more

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Gun Groups Sue Cal. Gov, LA Sheriff

BELLEVUE, WA – Four leading gun rights organizations today filed a lawsuit in federal court against California Gov. Gavin Newsom and Los Angeles County Sheriff Alex Villanueva, alleging both state and local policies and enforcement practices violate the Second and Fourteenth Amendment rights of their citizens.

Joining in the lawsuit are the Second Amendment Foundation, National Rifle Association, California Gun Rights Foundation and Firearms Policy Coalition. The complaint was filed in U.S. District Court for the Central District of California. A copy of the complaint may be read here.

“California’s attack on fundamental rights in times of emergency must be stopped in its tracks,” observed SAF founder and Executive Vice President, Alan Gottlieb. “This case is part of our mission to win firearms freedom one lawsuit at a time. And more, the lawsuits we are filing across the country are making a large number of other states, counties, and cities think twice before closing down essential gun stores.”

“Twenty-eight years ago, the LAPD had to withdraw their officers to protect their safety,” added CGF Chairman, Gene Hoffman. “We hope that the stay-home orders will mean that our public servants will not become infected in this pandemic, but the Constitution guarantees that everyone has a right to acquire arms and defend themselves should law enforcement not be able to respond before it’s too late. No petty autocrat can be allowed to suspend the Bill of Rights.” Read more

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Federal Judge Declines Ruling, Sets Briefing Schedule in 2AF v New Jersey

Federal District Judge Michael A. Shipp met with both sides in the Second Amendment Foundation’s lawsuit challenging New Jersey Governor Phil Murphy’s order shutting down firearms dealers in the Garden State. In Kashinsky v. Murphy, the SAF is joined by the New Jersey Second Amendment Society in alleging violation of “civil rights under color of law” by shutting down firearms dealerships, preventing citizens and businesses from exercising their rights under the Second and Fourteenth Amendments. The Second Amendment Foundation’s Alan Gottlieb tells The Outdoor Wire Digital Network that Judge Shipp has set Friday, April 3 as the date for the state’s opposition brief to the suit with the SAF/NJSAS response four days later, Tuesday, April 4.
Gun Control

SAF Applauds Pennsylvania Governor’s About-Face on Gun Dealers

BELLEVUE, WA — The Second Amendment Foundation is applauding Pennsylvania Gov. Tom Wolf’s decision to recognize that gun dealers are essential to public safety, and has updated the list of life sustaining businesses to allow Keystone State gun owners to exercise their fundamental constitutional rights.

Wolf’s reversal came after the Pennsylvania state Supreme Court had ruled against an emergency legal challenge by several Second Amendment groups to the governor’s earlier order to close “non-life-sustaining” businesses due to the Coronavirus panic, but did not get to the merits of the case.

“Gov. Wolf’s change of heart is a welcome display of good sense and constitutional adherence,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Perhaps some other state governors could take a lesson from Wolf as they issue so-called ‘stay-at-home’ orders. SAF currently has a federal lawsuit against New Jersey, and we are working on lawsuits against Washington, Massachusetts and jurisdictions in California and North Carolina, among others. Read more

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SAF Sues New Jersey Governor for Depravation of Rights

BELLEVUE, WA – In a move directly linked to the ongoing COVID-19 pandemic, the Second Amendment Foundation has filed a federal lawsuit against New Jersey Gov. Philip D. Murphy and State Police Supt. Patrick J. Callahan, asserting violation of civil rights under color of law by shutting down firearms dealerships in the Garden State, thus preventing citizens from exercising their rights under the Second and Fourteenth amendments.

Murphy and Callahan are being sued in their official capacities. The case, which was filed in the U.S. District Court for the State of New Jersey is known as Kashinsky v. Murphy.

Joining SAF in this action is the New Jersey Second Amendment Society, on behalf of Robert Kashinsky and Legend Firearms, a gun shop in the state. They are represented by noted civil rights attorney David Jensen.

Kashinsky sought to purchase a firearm for personal protection during the current crisis, but Murphy issued Executive Order 107 on March 21, which ordered all non-essential retail businesses closed to the public. The order does not include licensed firearms dealers on its list of “essential” businesses that may continue operating during the crisis.

“In order for New Jersey residents to purchase firearms,” noted SAF founder and Executive Vice President Alan M. Gottlieb, “they must go through a licensed firearms retailer and pass a background check. However, Murphy’s order was subsequently followed by a notice posted on the State Police website that the agency is no longer conducting background checks.

“Gov. Murphy cannot simply suspend the Second Amendment, and neither can Supt. Callahan,” he continued. “Yet, under this emergency order, that’s exactly what they’re doing. The Constitution, and federal law, don’t allow that. New Jersey may have been the first state to ratify the Bill of Rights, but they’re the last state to recognize it.”

The lawsuit seeks an injunction restraining the defendants and everyone acting on their behalf from enforcing Executive Order 107 “to the extent it operates to flatly prohibit the purchase and sale of firearms and ammunition.”

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.

Contact: Alan Gottlieb (425) 454-7012

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SAF: Illinois Gov. Sets Example

BELLEVUE, WA — The Second Amendment Foundation today applauded Illinois Gov. J.B. Pritzker for including firearm and ammunition suppliers on the list of “essential businesses and operations” that will remain open during the Prairie State’s “Shelter-In-Place” emergency due to the ongoing COVID-19 Coronavirus emergency.

“When an anti-gun Democrat governor declares that essential businesses include firearm and ammunition suppliers and retailers for the purposes of safety and security, that is a really big deal,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Every governor should copy the Illinois example when issuing ‘shelter-in-place’ and business closure orders in the face of the Coronavirus.”

Three other states are already under sweeping emergency orders as the nation copes with the Coronavirus pandemic. They are New York, Pennsylvania and California.

“Depending upon how long this emergency continues,” Gottlieb observed, “many Americans may find themselves facing situations where they will need to be their own first responders. Gov. Pritzker obviously understands this, and we encourage the governors of all other states to recognize this isn’t an issue of party politics but of personal and community safety.” Read more

Gun Control

SAF to NOLA Mayor: “We Sued City Once, We’ll Do It Again”

BELLEVUE, WA — The Second Amendment Foundation today warned New Orleans Mayor Latoya Cantrell against suspending or limiting the sale of firearms and ammunition under her recently proclaimed State of Emergency due to Covid-19.

Under provisions of her proclamation, the “Emergency Authority” is empowered, if necessary, “to suspend or limit the sale, dispensing or transporting alcoholic beverages, firearms, explosives, and combustibles.”

But SAF founder and Executive Vice President Alan M. Gottlieb is telling Mayor Cantrell, “Wait a minute!”

“Following Hurricane Katrina, we sued the city when then-Mayor Ray Nagin’s administration began confiscating firearms from law-abiding citizens for no good reason. The federal court ordered the city to cease confiscations.

“We sued New Orleans then, and we’ll do it again,” Gottlieb vowed. “The presence of a nasty disease does not suspend any part of the Bill of Rights, no matter what some municipal, state or even federal politician may think. Read more

Gun Control

CCRKBA: State of Emergency Should Not Infringe on Citizens’ Second Amemdment Rights

BELLEVUE, WA – The Citizens Committee for the Right to Keep and Bear Arms cautions law enforcement agencies that the coronavirus emergency should not be an excuse to suspend the process required for the issuance or renewal of concealed carry permits or licenses by any law enforcement agency.

“We’ve received reports from members and concerned citizens, especially in Washington State, that local law enforcement agencies are suspending license or permit application services, including the taking of fingerprints,” said CCRKBA Chairman Alan Gottlieb. “That’s unreasonable because the right to bear arms shouldn’t be subject to administrative delays. Read more

Gun Control

SAF Sues Connecticut Over Mag Limit

BELLEVUE, WA – The Second Amendment Foundation and Connecticut Citizens Defense League have filed suit in Federal District Court challenging the State of Connecticut’s prohibition on ammunition magazines holding more than ten rounds, or loading more than ten cartridges into a so-called “high capacity magazine.”

The lawsuit is filed on behalf of Connecticut residents Susan Ross and Domenic Basile. Plaintiffs are represented by noted civil rights attorney David Jensen of New York.

Named as defendants are Connecticut State Police Col. Stavros Mellekas; Commissioner James C. Rovella of the state Department of Emergency Services and Public Protection, and Chief State’s Attorney Richard J. Colangelo, Jr., all in their official capacities. The case is known as Ross v. Mellekas.

The lawsuit alleges state violations of the Second and Fourteenth amendments. Since 2013, Connecticut statute has prohibited individuals from having magazines containing more than ten rounds of ammunition. Violations of the statute can be prosecuted as Class D felonies.

Ross owns a pistol with an original-capacity magazine that can hold 17 cartridges and Basile has pistols that hold 15 rounds in their magazines. Both are licensed to carry for personal and family protection, yet they justifiably worry that they could be prosecuted for carrying fully-loaded defensive sidearms under the state law. Read more

Gun Control

CCRKBA: Everytown Endorsement of Biden Sends Message for Gun Owners

‘EVERYTOWN’S BIDEN ENDORSEMENT IS ALL GUN OWNERS NEED TO KNOW,’ SAYS CCRKBA

BELLEVUE, WA — The campaign endorsement of former Vice President Joe Biden by Everytown for Gun Safety—the gun prohibition lobbying group bankrolled by anti-gun billionaire Michael Bloomberg—is “All gun owners need to know about the man who wants to be their next president,” the Citizens Committee for the Right to Keep and Bear Arms said today.

The Associated Press reported Everytown’s endorsement on the eve of “mini-Super Tuesday” primary elections in a half-dozen states, including Michigan, Mississippi, Missouri and Washington.

“There’s nothing subtle about this endorsement,” said CCRKBA Chairman Alan Gottlieb. “Everytown President John Feinblatt told the Associated Press that Biden’s gun control record is clear. Biden supported the Brady Bill in 1993, he opposed the Protection of Lawful Commerce in Arms Act, and he’s backed every gun control measure to ever come along.

“On top of that,” Gottlieb continued, “embracing gun ban extremist Beto O’Rourke recently in Texas was clearly a warning that if he’s elected president, Biden will make good on his threats to make radical gun control a top priority.” Read more

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