GOA, GOF File Second Lawsuit Challenging California’s Bruen Response Law

Today, Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) joined Gun Owners of California (GOC) and several other plaintiffs in filing a second lawsuit challenging California’s concealed carry statutes.

The state’s latest revisions to their unconstitutional concealed carry policies were passed in response to the Bruen decision (which ended the state’s draconian “may-issue” policy). Among other provisions, SB 2 would:

  • Enact highly restrictive “sensitive locations” where concealed carrying would be prohibited, including all private property unless expressly permitted by the owner;
  • Require 16 hours of training;
  • Allow local authorities to require a psychiatric evaluation;
  • And significantly increase the costs associated with securing a permit.

In September, GOA and GOF filed their first suit against the law, which specifically challenged the draconian “sensitive location” prohibitions. Today’s lawsuit challenges the psychiatric evaluation, excessive fees, and extensive wait times currently imposed by several local police departments on Californians trying to secure a permit. Read more

SAF: Fed. Judge Strikes Handgun Sales Ban for 18-20 Yr. Olds in W.VA Case

BELLEVUE, WA – A federal district court judge in West Virginia has ruled that a federal law prohibiting handgun sales to 18-20-year-olds is “facially unconstitutional,” and granted a summary judgment in a case brought by the Second Amendment Foundation.

In a 40-page decision, U.S. District Chief Judge Thomas S. Kleeh with the Northern District of West Virginia wrote, “(B)ecause Plaintiffs’ conduct – the purchase of handguns – ‘fall[s] [within] the Second Amendment’s ‘unqualified command’ and the challenged statutes and regulations are not ‘consistent with the Nation’s historic tradition of firearm regulation,’ the Court FINDS 18 U.S.C. §§ 922(b)(1) and (c)(1) facially unconstitutional and as applied to Plaintiffs.” Read more

NSSF Rebukes Sens. King and Heinrich MSR Ban Bill

This proposed legislation is clearly unconstitutional…

NSSF®, The Firearm Industry Trade Association, flatly rejects the Gas-Operated Semi-Automatic Firearms Exclusion (GOSAFE) Act, which would ban the sale of Modern Sporting Rifles (MSRs) and most other semi-automatic rifles. This proposed legislation is clearly unconstitutional, as the U.S. Supreme Court held in Heller that entire classes of firearms cannot be banned from legal sale and possession by law-abiding citizens. The bill was introduced thursday by U.S. Sens. Angus King (I-Maine) and Martin Heinrich (D-N.M.).

“The legislation introduced by Senators King and Heinrich is openly defiant of the rights protected by the U.S. Constitution. There is no path forward for legislation of this nature that would deprive law-abiding citizens the ability to lawfully possess the firearm of their choosing and the full spectrum of their Second Amendment rights,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “This legislation is a knee-jerk reaction to a travesty for which the American public is still demanding answers as to why the Lewiston murderer, who clearly showed signs of mental instability and professed to violent threats, was allowed by state and federal agencies to continue to possess firearms. Depriving law-abiding citizens of their Constitutional rights for the criminal acts of a depraved individual doesn’t make our communities safer.”

The legislation introduced by Sens. King and Heinrich would ban the sale of commonly owned gas-operated, semiautomatic rifles that can accept detachable magazines. The bill would also place a federal limit on magazine capacity, a measure that the Centers for Disease Control and Prevention found had no appreciable effect on crime reduction during the 1994 Assault Weapons Ban.

The murderer in Lewiston, Maine, was identified by military authorities while training in New York as having shown signs of violent criminal intent and was involuntarily committed to a mental health facility by authorities for two weeks before being released. Federal law should have prohibited the possession of firearms but there was clearly a failure to properly report and act on this information. The murderer reportedly made threats of violent attacks against a National Guard facility in Maine. New York State Police were notified and reacted to the verbal threats made by the murderer, as well as Maine State Police. While the investigation is ongoing, it appears that neither the military nor either state law enforcement agency reported these instances to the FBI’s National Instant Criminal Background Check System (NICS).

NSSF championed the FIX NICS Act, which compelled federal agencies and incentivized state authorities to submit all disqualifying records to FBI NICS. The law was named after NSSF’s FixNICS® initiative to change the law in 16 states and in Congress to get all disqualifying records submitted to FBI NICS to ensure firearms remain out of the hands of those who cannot be trusted to possess them. The FIX NICS Act was signed into law by President Donald Trump after the U.S. Air Force failed to submit disqualifying records of the murderer in Sutherland Springs, Texas, who should have been disqualified from purchasing firearms before his crimes. The failure of the U.S. Air Force to follow the law and submit several instances of disqualification resulted in the background check system being incomplete.

There are over 24.4 million MSRs in circulation since 1990, which are used daily for lawful purposes, including self-defense, hunting and recreational target shooting.

For more information, visit nssf.org.

Fifth Circuit Panel Grants Motion on ATF Final Rule Demand

The Fifth Circuit panel ruled that the Bureau of Alcohol, Tobacco, Firearms and Explosives’ Final Rule is illegal.

BELLEVUE, WA – The Fifth Circuit Court of Appeals has issued an order granting a motion by plaintiffs in the battle over the reclassification of frames and receivers to issue the court’s mandate immediately, allowing the case to return to the district court for a new remedy.

The Fifth Circuit panel ruled that the Bureau of Alcohol, Tobacco, Firearms and Explosives’ Final Rule is illegal. Circuit Judge Kurt D. Englehardt wrote, “An agency cannot label conduct lawful one day and felonious the next—yet that is exactly what ATF accomplishes through its Final Rule. Accordingly, the judgment of the district court is affirmed to the extent it holds unlawful the two challenged portions of the Final Rule, and vacated and REMANDED as to the remedy.” The case is known as VanDerStok v. Garland.

“As we noted when the ruling came down, the ATF clearly exceeded its authority by arbitrarily changing the rules,” said Alan M. Gottlieb, founder and executive vice president of the Second Amendment Foundation, which intervened as a plaintiff in the case. “By granting our motion to issue the mandate immediately, the Fifth Circuit ruling allows us to return to the district court for a new remedy ruling right away, as opposed to weeks or months from now. The Fifth Circuit’s ruling sends a message to the agency and the Biden administration that its animosity toward gun owners and the Second Amendment does not empower the executive branch to change the law on a whim.”

SAF Executive Director Adam Kraut said Circuit Judge Kurt D. Englehardt’s ruling chastising the ATF for attempting to do the job of Congress “sent a message to the agency to stay in its own lane.”

As noted by Judge Engelhardt in the ruling, “Only Congress may make the deliberate and reasoned decision to enact new or modified legislation regarding firearms based on the important policy concerns put forth by ATF and the various amici here. But unless and until Congress so acts to expand or alter the language of the Gun Control Act, ATF must operate within the statutory text’s existing limits.”

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 720,000 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

SAF Seeks En Banc Hearing on Illinois Gun Ban

BELLEVUE, WA – Attorneys for the Second Amendment Foundation and its partners in one of three federal court actions challenging the ban on so-called “assault weapons” and their magazines in Illinois have filed a petition for rehearing before an en banc panel of the Seventh U.S. Circuit Court of Appeals.

The consolidated cases are known as Harrel v. Raoul, Barnett v. Raoul and Federal Firearms Licensees of Illinois v. Raoul. SAF is a plaintiff in the Harrel case, along with the Illinois State Rifle Association, Firearms Policy Coalition, C4 Gun Store and a private citizen, Dane Harrel, for whom the case is named. They are represented by attorneys Mark L. Shaw, Jennifer Craigmile Neubauer and Michael A. Danfore of Waukegan, Ill., and C.D. Michel and Anna M. Barvir of Long Beach, Calif, along with David Sigale of Wheaton, Ill., and David H. Thompson, Peter A. Patterson and William V. Bergstrom of Washington, D.C.

“In our petition,” said SAF founder and Executive Vice President Alan M. Gottlieb, “we note how the three-judge appellate panel essentially thumbs its nose at the Supreme Court’s ruling in Bruen. Without explanation, the 2-1 appeals panel majority arbitrarily found that modern semiautomatic rifles are apparently not protected by the Second Amendment even though they clearly are protected, primarily because they are in common use and are not considered ‘dangerous or unusual’ arms. The three-judge panel opinion cannot be allowed to stand.” Read more

NRA America’s 1st Freedom: The NRA Will Not Be Silenced

Now on A1F.com: The U.S. Supreme Court agreed to hear a case the state of New York didn’t want the Court to accept, as state officials don’t want to be held accountable for using their regulatory authority in a blatant attack on the NRA’s First Amendment rights.

Find this and other articles related to your right to keep and bear arms at A1F.com.

Contact: Brook Chiasson

bchiasson@nrahq.org

(703) 267-1327

SAF: New Maine Revelations Show Authorities Failed the Public

New revelations in the aftermath of the mass shooting which took 18 lives in Maine provide growing evidence authorities failed when they might have prevented the deadly attack, the Second Amendment Foundation is noting, while criticizing calls for a slate of new, restrictive gun control laws.

The Boston Globe reported that the killer was involuntarily committed to a mental hospital in July, and an article in Reason noted the man’s family told police of their concerns about his mental state five months before the Lewiston rampage. Instead of focusing on these failures, anti-gunners from President Joe Biden on down the scale have dragged out their well-worn and repeatedly rejected gun control agenda as a response, SAF said.

“Biden and his fellow gun prohibitionists literally jumped at the opportunity to exploit another tragedy to push gun control schemes which would not have prevented the mayhem,” said SAF founder and Executive Vice President Alan Gottlieb. “They want background checks, which the killer passed. They call for waiting periods, but the gun recovered by police was legally purchased months ago, weeks after his family contacted authorities and prior to his hospital confinement.

“Contrary to what Michael Bloomberg’s Everytown group is saying about so-called ‘weak gun laws’ in Maine,” he added, “this case, like so many in the past, is revealing a failure by local authorities to act on reliable information and utilize existing laws. As a result, some Maine Democrats are now hinting at a new spate of gun restrictions which will accomplish nothing except to penalize honest citizens and erode their Second Amendment rights.” Read more

Biden’s Gun-Control Master Plan

Now on A1F.comThe Biden administration is telling us they want to disarm law-abiding American citizens, but, as you’ll see in this investigation at A1F.com, they are also doing all they can to avoid any substantive debate about their desired policies. The political implications exposed in this feature should interest every gun owner.

Find this and other articles related to your right to keep and bear arms at A1F.com. Read more

Federal Judge Grants Preliminary Injunction in SAF Gun Show Case

“Here, the Court finds sufficient evidence that SB 264 and SB 915 have a viewpoint-discriminatory purpose…”

BELLEVUE, WA – A federal judge in California has granted a preliminary injunction in a Second Amendment Foundation challenge of two California statutes prohibiting gun shows at the Orange County Fairgrounds and on state-owned property, while denying a requested stay to allow the state time to file an appeal.

“This a huge victory for both the First and Second Amendments,” said SAF founder and Executive Vice President Alan M. Gottlieb. “We believe the court has sent a clear message to the State of California, Governor Gavin Newsom and Attorney General Rob Bonta that the constitution trumps their personal animus toward gun owners and the Second Amendment.” Read more

Government and its Good Intentions

“Good intentions will always be pleaded for every assumption of authority.  It is hardly too strong to say that the Constitution was made to guard the people against the dangers of good intentions.  There are men in all ages who mean to govern well, but they mean to govern.  They promise to be good masters, but they mean to be masters.”…Daniel Webster.

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