SAF “Rebuts AG Ferguson’s Falsehoods About Courts and Magazine Bans”

BELLEVUE, WA –– Washington Attorney General Bob Ferguson is playing fast and loose with the facts when he claims every court across the country has “either rejected or overturned” legal challenges against magazine bans, the Second Amendment Foundation said in response.

“A federal court in California declared that state’s magazine ban to be unconstitutional,” said SAF founder and Executive Vice President Alan M. Gottlieb. “That ruling was stayed, and the order has been appealed to the 9th US Circuit Court of Appeals, but it has yet to be overruled. Washington is in the 9th Circuit.”

Likewise, he noted, Oregon Measure 114—an extremist gun control law passed by voters two years ago, which contained a magazine ban—was also declared unconstitutional by a circuit court judge. That ruling has been appealed to the Oregon Supreme Court, but Gottlieb said the judge’s decision has also not been overruled

“We’re not sure why the media allows Ferguson to get away with such statements without some fact-checking,” Gottlieb questioned. Read more

Third Circuit Denies Rehearing in SAF PA Gun Rights Victory

The Third U.S. Circuit Court of Appeals has denied a petition for a rehearing in the Second Amendment Foundation’s victory in a case challenging Pennsylvania statutes that prohibit law-abiding young adults from carrying firearms for self-defense and prevents them from acquiring a state license to carry (LTCF) because of their age. The case is known as Lara v. Evanchick.

The petition for an en banc rehearing had been filed by attorneys representing the Commissioner of the Pennsylvania State Police. SAF is joined in the case by the Firearms Policy Coalition and three private citizens, including Madison M. Lara, for whom the case is named. They are represented by attorneys David H. Thompson, Peter A. Patterson and John D. Ohlendorf at Cooper & Kirk, Washington, D.C.

Writing for the majority, Circuit Judge Kent A. Jordan explained, “The petition for rehearing filed by appellant in the above-entitled case having been submitted to the judges who participated in the decision of this Court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the judges of the circuit in regular service not having voted for rehearing, the petition for rehearing by the panel and the Court en banc, is DENIED.” Read more

NSSF Celebrates Kentucky Second Amendment Privacy Act Passing into Law

NSSF®, The Firearm Industry Trade Association, celebrates Kentucky House Bill 357, informally called the Second Amendment Privacy Act, passing into law. This NSSF-supported law protects the privacy and sensitive financial information of people purchasing firearms and ammunition in Kentucky. The law was passed with an overwhelming majority by the Commonwealth’s General Assembly.

The law prohibits financial institutions from requiring the use of a firearm code, also known as a Merchant Category Code (MCC), from being assigned to designate firearm and ammunition purchases at retail when using a credit card. The law also forbids discriminating against a firearm retailer as a result of the assigned or non-assignment of a firearm code and disclosing protected financial information. Additionally, the law prohibits keeping or causing to be kept any list, record or registry of private firearm ownership. The law was sponsored by Kentucky state Reps. Derek Lewis and Michael Meredith, as well as state Sen. Jason Howell. Read more

SAF Files Reply Brief In Lawsuit Against NM Gov. Grisham

BELLEVUE, WA – The Second Amendment Foundation and its allies in a federal lawsuit against New Mexico Gov. Michelle Lujan Grisham’s prohibition of lawful carrying of arms in Albuquerque and surrounding Bernalillo County have filed an appellants reply brief with the 10th U.S. Circuit Court of Appeals.

The case is known as Fort v. Grisham, and is part of a consolidation of cases all challenging the governor’s arbitrary carry ban announced last year. SAF is joined by the New Mexico Shooting Sports Association, Firearms Policy Coalition and a private citizen, Zachary Fort, for whom the case is named. They are represented by attorneys Jordon P. George at Aragon Moss George Jenkins in Albuquerque, and David H. Thompson, Peter A. Patterson and Kate Hardiman at Cooper & Kirk in Washington, D.C. Read more

NSSF Praises Wyoming Gov. Mark Gordon for Protecting Second Amendment Privacy

WASHINGTON, D.C. — NSSF, The Firearm Industry Trade Association, praised Wyoming Gov. Mark Gordon for signing the NSSF-supported Second Amendment Financial Privacy Act, Senate File 105. This law protects the privacy and sensitive financial information of people purchasing firearms, firearm parts and ammunition in Wyoming.

The law prohibits credit card processors from using firearm or firearm-related Merchant Category Codes (MCCs) when citizens make lawful retail purchases of firearms, firearm parts or ammunition with credit cards. The law also prohibits government or private entities from keeping any registry of privately-owned firearms or the owners of those firearms created or maintained through the use of a firearm-retailer specific MCC.

“Wyoming is showing, again, that ‘woke’ Wall Street gun control ideas won’t infringe on the rights of its citizens. Free exercise of Second Amendment rights can only be assured when leaders step in to guarantee those lawfully purchasing firearms and ammunition can do so without interference from financial institutions colluding with government agencies,” said Lawrence G. Keane, NSSF Senior Vice President & General Counsel. Read more

SAF Files Brief in Biden Admin. Pistol Brace Appeal

The Second Amendment Foundation has filed an Appellant’s Brief in 5th U.S. Circuit Court of Appeals in response to the Biden administration’s appeal of SAF’s lower court victory in its challenge of the administration’s “final rule” regarding pistol braces, seeking oral arguments apart from other cases with which the SAF case has been consolidated. The case is known as SAF v. ATF.

Joining SAF are Rainier Arms, LLC, and two individual citizens, Samuel Walley and William Green. They are represented by attorney Chad Flores at Flores Law in Houston, Texas. Defendants are the Bureau of Alcohol, Tobacco, Firearms, and Explosives and its director, Steven Dettelbach, in his official capacity; United States Department of Justice and Attorney General Merrick Garland. The case is on appeal from U.S. District Court for the Northern District of Texas.

“The Final Rule enacted in 2023 constitutes a marked departure from the BATF’s past position about whether brace-equipped pistols still constitute ‘pistols,’” noted SAF founder and Executive Vice President Alan M. Gottlieb. “As we explain in our brief, for over a decade, the agency took the position that brace-equipped pistols did not constitute short-barreled ‘rifles.’ Between 2012 and 2014 in particular, ATF issued no fewer than 17 classification letters about one specific arm brace or another, all opining that arm brace designs did not convert pistols into short-barreled rifles. But that suddenly changed under the Biden administration.” Read more

NRA Defends Freedom in U.S. Supreme Court Argument

The NRA’s commitment to freedom was on full display again this week.

On Monday, March 18, the Court heard oral arguments in the NRA v. Maria T. Vullo case, one of the nation’s most-important First Amendment matters. Vullo is the former financial regulator in New York who tried to “financially blacklist” the NRA in 2018.

The NRA argues that Vullo, at the behest of former New York Governor Andrew Cuomo, took aim at the NRA and used the regulatory power of the Department of Financial Services (DFS) to financially blacklist the NRA—coercing banks and insurers to avoid ties with the Association in order to suppress its pro-Second Amendment speech.

The NRA argues that Vullo’s actions were meant to silence the NRA by using “guidance letters,” backroom threats and other measures to cause financial institutions to “drop” the Association.

In response, on May 11, 2018, the NRA filed suit to enjoin the campaign and for money damages. After winning in the trial court, the NRA’s case was dismissed by the Second Circuit Court of Appeals in New York. Thereafter, the Association took its case to the highest court in the land. The NRA is joined by the ACLU, legal experts, constitutional scholars and 25 states in opposing Vullo’s actions.

ACLU National Legal Director and NRA counsel David Cole argued on Monday that Vullo and other New York officials abused their authority in violation of the First Amendment, telling the justices: “There’s no question on this record that they encouraged people to punish the NRA.” Cole said, “It was a campaign by the state’s highest political officials to use their power to coerce a boycott of a political advocacy organization because they disagreed with its advocacy.” Read more

GOA Files Appeal with PA Supreme Court in Challenge to Philly Gun Ban

Washington, D.C. — Late Friday, Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) filed a petition for allowance of appeal with the Supreme Court of Pennsylvania in their challenge to the City of Philadelphia’s ban on homemade firearms.

In a very confusing, fractured decision, a four judge “majority” of the Commonwealth Court voted to uphold Philadelphia’s ordinance that prohibited the manufacturing of homemade firearms stating that it did not violate Pennsylvania’s firearms preemption law.

Judge Ellen Ceisler wrote for the majority that Philadelphia’s ordinance did not regulate “firearms” but instead “merely prohibits the conversion of unfinished frames or receivers into firearms, as well as the use of certain manufacturing processes to create firearms from scratch, and bars the purchase, sale, or transfer of certain kinds of parts and machinery for purposes of those activities.”

“Judge Ceisler and the majority’s decision in the Commonwealth Court are clearly in error,”said Dr. Val Finnell, Pennsylvania Director for Gun Owners of America. “One cannot assert that the Pennsylvania General Assembly has preempted the entire field of firearms regulation and claim in the same breath that the City of Philadelphia’s ordinance does not regulate firearms, per se.” Read more

SAF Files Brief Supporting Permanent Injunction on Medical Marijuana 2A Ban

BELLEVUE, WA — Attorneys representing the Second Amendment Foundation and two individual plaintiffs in a federal lawsuit challenging the federal ban on gun ownership by medical marijuana users have filed a brief supporting their motion for a preliminary injunction in the case.

The brief was filed in U.S. District Court for the Western District of Pennsylvania. SAF is joined by Warren County, Pa., District Attorney Robert Greene, who has served in that office since 2013 and currently possesses a medical marijuana ID card under Pennsylvania law and James Irey, a veteran who was recommended medical marijuana but has refrained from obtaining a card as it would deny his ability to exercise his Second Amendment rights. They are represented by attorneys Adam Kraut, who serves as SAF’s executive director, and Joshua Prince of Bechtelsville, Pa. Defendants are Attorney General Merrick Garland, FBI Director Christopher Wray and ATF Director Steven Dettelbach, and the U.S. Government.

The lawsuit challenges restrictions contained in 18 U.S.C. §§ 922(g)(3), (d)(3), and all related laws, regulations, policies, and procedures, including, but not limited to, 27 C.F.R. §§ 478.32(a)(3), (d)(3) which prohibit firearms purchases and possession by persons who use marijuana or other controlled substances. Read more

Firearm Manufacturer Defendants File Motion for Judgement on the Pleadings in City of Gary Lawsuit

Defendants in the City of Gary public nuisance lawsuits are moving to end nearly quarter of a century of legal maneuverings after Indiana Gov. Eric Holcomb signed HB 1235 into law last week. Today the defendants filed a joint motion for judgement on the pleadings with the court. Indiana’s law that reserves the right to seek legal action against the firearm industry to state authorities, instead of municipalities, went into immediate effect when it was signed March 15.

“The time has come to end this legal charade. The City of Gary has had nearly 25 years to present a case for their frivolous claims and hasn’t been able to do so. That’s because there was no substance to their outlandish claims,” said Lawrence G. Keane, NSSF Senior Vice President & General Counsel. “Indiana’s new law allows the firearm industry, the state of Indiana and the City of Gary, to end this legal fishing expedition. The defendants in this case are ready to move on and resign this case to the same category as the many others like it from that era over two decades ago. This case is, and always was, frivolous, an abuse of the legal system and a losing strategy to bypass state and federal legislatures to implement special-interest gun control policy through the courts instead of through the elected bodies that represent the will of the people.”

The City of Gary, Ind., first filed their claims in 1999, as part of a coordinated effort by 40 big city mayors who conspired together through the U.S. Conference of Mayors with lawyers from the gun control group Brady United (formerly known as the Brady Center), and trial lawyers.

All these municipal lawsuits have either been dismissed by the courts, e.g., Atlanta, Chicago, New York, Los Angeles, San Fransico, Detroit and St. Louis, or simply dropped by several cities, e.g., Boston, Cincinnati and Camden. Many of these municipal lawsuits were dismissed based on state preemption laws enacted between 1999 to 2001 and upon which H.B. 1235 is modeled. Read more

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