Category: Gun Control

SAF, FPC, Louisiana Shooting Assn. Sue Over Handgun Ban

BELLEVUE, WA – The Second Amendment Foundation today filed a federal lawsuit challenging federal law that prevents young adults from purchasing and owning handguns.

SAF is joined by the Firearms Policy Coalition and Louisiana Shooting Association and two private citizens, Caleb Reese and Joseph Granich, both in the affected age group. The lawsuit was filed in U.S. District Court for the Western District of Louisiana. Plaintiffs are represented by attorneys Raymond M. DiGuiseppe of Southport, NC, Adam Kraut and Joseph Greenlee from Sacramento, CA, and John W. Dillon from Carlsbad, CA, and George J. Armbruster III from Lafayette, LA. Kraut is FPC’s Director of Legal Strategy and Greenlee is the group’s Director of Research. The case is known as Reese v. BATF.

Named as defendants are the federal Bureau of Alcohol, Tobacco, Firearms and Explosives and Acting Director Regina Lombardo, and Attorney General William Barr, in their official capacities.

Neither Reese or Granich have criminal records. Both are over age 18, and thus have reached what is generically called the age of majority, which means adulthood. Yet they are denied full rights under the Second Amendment to purchase and own handguns, according to the lawsuit, which states, “The Handgun Ban prevents (them) from purchasing handguns of the makes and models of (their) choice, with full manufacturer warranty and support…in violation of (their) constitutionally enumerated rights.”

“While both of these young men were able to vote in the recent national elections, and they can pursue other activities as legal adults, they are prevented by law from purchasing and using handguns,” said SAF founder and Executive Vice President Alan M. Gottlieb. “They can join the military and defend the nation, possibly at the risk of losing their lives. They can enter into contracts, start businesses, get married and even run for office. Preventing them from legally purchasing and owning handguns seems rather silly, and we believe their rights as adult citizens are being violated.” Read more

Gun Control

SAF, FPC Challenge New York City Carry Law in Federal Lawsuit

BELLEVUE, WA – The Second Amendment Foundation and Firearms Policy Coalition today filed a federal lawsuit against New York City regulations that essentially combine to ban average law-abiding citizens from carrying loaded handguns outside the home for personal protection. The case is known as Greco v. City of New York.

SAF and FPC are joined by George Greco, a private citizen in New York. Named as defendants are the City of New York and Police Commissioner Dermot Shea, in his official capacity. The complaint was filed in U.S. District Court for the Southern District of New York. Plaintiffs are represented by attorney David Jensen.

The lawsuit challenges the inability of ordinary law-abiding citizens to obtain licenses to carry handguns in New York City. While honest citizens have a fundamental right to bear arms for self-protection, the complaint explains, the New York Police Department requires applicants to provide a “proper cause,” which amounts to demonstrating a special or heightened need. As arbitrarily enforced, this requirement prevents average citizens from obtaining a carry permit, which violates their fundamental right to bear arms outside the home. Read more

Gun Control, Self Defense

SAF Files Federal Lawsuit Challenging Restrictive New Jersey Carry Laws

BELLEVUE, WA – The Second Amendment Foundation today filed a federal lawsuit challenging laws in the state of New Jersey that effectively prevent average law-abiding citizens from legally carrying loaded sidearms outside of their homes for personal protection.

Joining SAF are the Firearms Policy Coalition, New Jersey Second Amendment Society and two private citizens, Stanley Bennett and Michael Hucker. The lawsuit was filed in U.S. District Court for the District of New Jersey. Plaintiffs are represented by attorneys David Jensen of Beacon, NY., Raymond M. DiGuiseppe of Southport, NC and Adam Kraut of Sacramento, CA.

Named as defendants are Clayton Police Chief Andrew Davis, Guttenberg Public Safety Director Robert D. White, Guttenberg Police Officer-in-Charge Juan Barrera, State Police Supt. Patrick J. Callahan and Attorney General Gurbir S. Grewal. The lawsuit is known as Bennett v. Davis.

The lawsuit challenges the Garden State’s restrictive gun laws relating to carrying loaded handguns outside of the home without a permit, along with the state’s regulatory scheme that makes it difficult for average citizens to apply for and receive a carry permit. Read more

Gun Control

NSSF: Biden-Harris Wants to Repeal PLCAA

NEWTOWN, Conn. – NSSF®, the trade association for the firearm industry, is focusing on former Vice President Joe Biden’s radical antigun campaign promise to repeal the industry-essential Protection of Lawful Commerce in Arms Act (PLCAA). The bipartisan law prevents activist lawyers and politicians from attacking the firearm industry with frivolous lawsuits that are designed to bankrupt manufacturers for the heinous crimes committed by individuals.

Democratic presidential candidate Joe Biden and his running mate U.S. Sen. Kamala Harris (D-Calif.) have sworn to eliminate the law that was passed with strong bipartisan support in Congress in 2005.

“Joe Biden and Senator Harris have promised to repeal this law for one single reason. They want to unleash a wave of baseless lawsuits filed by agenda-driven antigun groups and plaintiffs to tie up firearm manufacturers in legal proceedings and bankrupt them through court costs, judgments and penalties,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “The Biden campaign refuses to blame criminals that commit crimes and instead purposefully misleads the public into believing a responsible industry is at fault in order to achieve their gun control agenda. The Biden-Harris plan would allow harassing lawsuits that would be similar to suing Ford for a death caused by a drunk driver.”

Biden has repeated the false claim that firearm manufacturers cannot be sued. It is the same campaign tactic employed by Hillary Clinton in 2016, which Politifact labeled “false” four years ago. It is still just as false today. Read more

Gun Control

NSSF: Biden-Harris Would Weaponize ATF Against Firearm Retailers

NEWTOWN, Conn. – NSSF®, the trade association for the firearm industry, is focusing on former Vice President Joe Biden’s radical antigun campaign promise turn the Bureau of Alcohol. Tobacco, Firearms and Explosives (ATF) from its’ mission as the nation’s firearms regulatory bureau into a bludgeon to wield against firearm retailers to close off the means by which law-abiding Americans obtain firearms.

“The Biden-Harris ticket will weaponize the ATF against retailers to close them down for even minor clerical errors in inspections,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “This a promise Senator Kamala Harris made from the campaign stage. She has vowed to turn the ATF from an agency which assists family-owned firearm retail businesses to stay within the overwhelming labyrinth of federal and state laws and regulations to one that carries a heavy hammer and will shutter federally licensed retailers for minor administrative errors.”

“I will require that for any gun dealer that breaks the law, the ATF take their license,” said Sen. Harris in a 2019 presidential town hall event.

Currently, ATF Industry Operations Inspectors (IOI) conduct inspections of federally licensed firearm retailers to ensure compliance and educate retailers on firearm laws and regulations. It is common for IOIs to suggest improvements for minor violations to ensure compliance. Under the Biden-Harris plan, that would change from a teachable moment to improve administrative errors to one of license revocation. A single violation can be interpreted as breaking the law and the 1934 Gun Control Act allows ATF to revoke a federal firearm license for a single violation. Former Vice President Joe Biden agrees with this plan. He outlined on his campaign website his intent to restructure the ATF to become a constrictor on the lawful commerce of firearms.

The Biden-Harris campaign promises to return the ATF to what the nation experienced during the Obama-Biden administration when the bureau was embroiled in the ill-fated “Operation Fast and Furious” scandal that cost the life of U.S. Border Patrol Brian Terry. The ATF’s involvement was revealed to be under the direction of the Obama Administration’s Department of Justice when the bureau allowed illegally purchased firearms to cross the United States-Mexico border and failed to track them. Firearms from that bungled operation were recovered at crimes scenes on both side of the border, including a .50 caliber rifle recovered during the arrest of Mexican drug lord and cartel kingpin Joaquin “El Chapo” Guzman.

Former Vice President Biden has perpetuated the false narrative that the Obama-Biden administration was scandal-free. Operation Fast and Furious is but one of many that never received a full accounting. Read more

Gun Control

NSSF: Biden Would Ban and Criminalize the Modern Sporting Rifle

NEWTOWN, Conn. – NSSF®, the trade association for the firearm industry, is focusing on former Vice President Joe Biden’s radical antigun campaign promise to ban, register and confiscate the most popular selling centerfire rifles – the modern sporting rifle – sold in America today. Biden borrowed a page from the failed campaign of Robert Francis “Beto” O’Rourke to craft an agenda that would hobble Constitutionally-protected rights for law-abiding Americans.

“Joe Biden’s gun grab isn’t original, but is it is shockingly honest that they admit the end game. His campaign promise to confiscate guns rips the mask off the lie told by gun control for decades,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “Yes, they are coming for your guns. The Biden-Harris campaign literally spelled out how they would do this and would violate their oath to uphold and defend the Constitution, but instead destroy it.”

The Biden-Harris gun control agenda proposes to ban the sale and manufacture of modern sporting rifles, or what the campaign terms “assault rifles” or “weapons of war.” In fact, these firearms are just semiautomatic firearms that uses 100-year-old technology and have been sold commercially since the early 1960s. Semiautomatic firearms expend one round for each squeeze of the trigger, unlike the military’s automatic firearms that continue to fire automatically while the trigger is depressed. The Biden campaign is purposefully conflating the similar appearances of AR-15s and the military’s M-16 and M-4 rifles to confuse the American public.

Biden proposes that all 18 million-plus modern sporting rifles in circulation would be registered in the same onerous manner as automatic firearms and regulated under the 1934 Gun Control Act. That would require current owners to register these rifles with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), pay a $200 tax, submit fingerprints, photos, and complete duplicitous background checks for firearms they already passed a background check to purchase. They would also be subjected to random and unannounced ATF inspection of their firearm and would be registered in a federal watchlist of firearm owners. Further, permits regulated under the 1934 NFA are already backlogged by more than nine months.

The Biden campaign has a plan for those who would choose not to comply. Those individuals would be given two options: be forced to sell the property to the U.S. government using their own tax dollars to do so or face forcible confiscation by law enforcement authorities. Conservative estimates would require $9-18 billion of taxpayer funds to subsidize this gun confiscation scheme.

The Biden-Harris gun control plan would also ban the manufacture and sale of so-called “high capacity” magazines. His campaign website grossly compares hunting to the horrific murder of children, claiming the federal government protects ducks more than kids. This disgusting comparison is as wrong as it is appalling. Murder is illegal, plain and simple. The value of human life is undeniably greater than that of animals. That’s why the industry opposes these limits because in a moment of crisis when defending one’s own life, arbitrary magazine capacity limits put law-abiding Americans at a disadvantage to criminals who, by definition, disobey laws. Read more

Gun Control

SAF Joins Amicus to Supreme Court in Arizona Rights Case

BELLEVUE, WA – The Second Amendment Foundation has joined in an amicus brief to the U.S. Supreme Court in a case involving an Arizona man’s motion to dismiss an indictment charging with two counts of being a felon in possession of firearms, on the grounds that non-violent felony convictions should not serve as a reason for lifetime loss of Second Amendment rights.

SAF joins the Firearms Policy Foundation, Firearms Policy Coalition, California Gun Rights Foundation and Madison Society. Their brief was written by Sacramento attorney Joseph G.S. Greenlee.

The case involves a man named Israel Torres. In 2004 and 2010, he pleaded guilty to aggravated driving under the influence charges, each of which is a felony under Arizona statute. The crimes are punishable by more than one year in prison, thus disqualifying Torres from exercising Second Amendment rights. He challenged the prohibition, arguing that the crimes for which he was convicted were not felonies at the time of the Founding.

In their amicus argument, SAF and its partners note, “There is no tradition of disarming peaceable citizens. Nor is there any tradition of limiting the Second Amendment to ‘virtuous’ citizens. Historically, nonviolent criminals who demonstrated no violent propensity were not prohibited from keeping arms. Indeed, some laws expressly allowed them to keep arms. Read more

Gun Control

NSSF: Biden Gun Control Would Choke Gun Sales

NEWTOWN, Conn. – NSSF®, the trade association for the firearm industry, is shining a spotlight on former Vice President Joe Biden’s radical antigun campaign promise to end gun sales as America knows it. His far-left driven agenda would end Second Amendment rights to lawfully acquire, keep and bear firearms by individuals by dismantling the Constitutionally-protected commerce in arms.

“The single greatest threat to gun rights in America is Joe Biden. The single greatest safeguard against his agenda is an educated and engaged voter in the voting booth,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “Joe Biden blatantly called the firearm industry ‘the enemy’ from the debate stage. His agenda to restrict the lawful means for Americans to exercise their Second Amendment right is a grave danger to our God-given rights and our civil liberties. All Americans must understand the unconstitutional overreach he would enact to obliterate firearm businesses across America.” Read more

Gun Control

NSSF Releases 2020 Congressional Report Card

NEWTOWN, Conn. – NSSF®, the trade association for the firearm industry, released its 2020 Congressional Report Card, grading all 431 U.S. Representatives and 100 U.S. Senators on key legislation that was of critical importance to the firearm and ammunition industry, Second Amendment rights of law-abiding citizens and America’s hunters and target shooters. Four seats in the U.S. House of Representatives remain vacant.

“This scorecard is of vital importance to voters as we head into November elections. This tells voters exactly where their lawmakers stand on issues they care about like recreational shooting and hunting and the right to keep and bear arms,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “The unparalleled firearm sales this year reflect the importance of ensuring lawmakers continue to protect and support the industry that makes it possible for Americans to exercise their Second Amendment rights. This nonpartisan scorecard reflects the voting record of each legislator. These grades indicate their public voting record as well as the weight and importance of these lawmakers sponsoring and co-sponsoring key legislation, their work on committees, letters signed to support issues and leadership to stand for our industry.”

NSSF awarded 17 U.S. Senators and 97 U.S. Representatives the highest rating of “A+.” This includes U.S. Sens. Steve Daines (R-Mont.), Cory Gardner (R-Colo.), Lindsey Graham (R-S.C.), David Perdue (R-Ga.) and Thom Tillis (R-N.C.). Congressman Collin Peterson (D-Minn.) was also among the lawmakers awarded the highest rating.

Grades are meant to analyze the level of support of each lawmaker during the 116th Congress and do not constitute an endorsement or opposition to a candidate’s election. The entire report, including the list of key legislation that comprised the scores, is available here. Read more

Firearms, Gun Control

CCRKBA: Biden Exploits L.A. Deputies’ Ambush to Push Infringement

Right to Keep and Bear Arms

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‘BIDEN EXPLOITS AMBUSH OF L.A. DEPUTIES TO PUSH ANTI-GUN AGENDA,’ SAYS CCRKBA

BELLEVUE, WA – Democrat Joe Biden’s disgusting attempt to exploit the ambush of two Los Angeles County Sheriff’s deputies to push his anti-gun agenda illustrates the intellectual dishonesty of the gun prohibition mindset, the Citizens Committee for the Right to Keep and Bear Arms said today.

The two deputies were shot at close range by an unidentified gunman who can be seen on video raising a handgun to open fire. Yet, the former vice president wasted no time tweeting about “weapons of war” while declaring, “We need to ban assault weapons and high-capacity magazines.” Neither an “assault rifle” or high capacity magazine visibly were used in the crime.

“Just when you thought Joe Biden’s lifelong crusade against firearms couldn’t go any lower, he grabs a shovel and starts digging,” said CCRKBA Chairman Alan Gottlieb. “This illustrates the bankruptcy of the gun prohibition movement. They’ll use a horrific tragedy as a starting point to push their own agenda, which typically has no factual relation to the incident they’re exploiting. Read more

Gun Control
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