Category: Gun Control

Open Carry Issues to be on the Table

From Jim Shepherd…

With the District of Columbia v. Heller decision in 2008 and the McDonald v. Chicago decision in 2010, the United States Supreme Court reaffirmed the individual right to possess a firearm in the home for self-defense.

Since then, it’s been…crickets when it comes to the Second Amendment. Despite a wealth of contradictory lower court rulings creating potential Supreme Court review of everything from carrying guns in public to prohibitions on “assault weapons” or magazine limitations, the Roberts-led Court has essentially refused to take on Second Amendment cases.

It’s been the hope of the pro-Second Amendment groups that the confirmation of a third Trump-appointed Justice, Amy Coney Barrett, would compel Chief Justice Roberts to once again revisit the many open questions regarding the right to keep and bear arms. So far, that’s not happened.

So what’s ahead? What’s the potential for the Supreme Court being forced to hear Second Amendment cases, especially with a less-than-friendly administration poised to take occupancy of the White House?

Yesterday, I had the opportunity to participate in a webinar given by the Liberty & Law Center of the Antonin Scalia Law School of George Mason University. During that webinar, Professor Nelson Lund and Associate Professor Robert Leader discussed a variety of topics, from the idea of “strict scrutiny” as the standard of 2A case review to the potential for executive actions being used against guns and gun ownership because legislative actions have proven to be a dead end for anti-gun groups.

Lund, author of The Future of the Second Amendment in a Time of Lawless Violence, says politicians hold too-narrow a definition of “public safety” and it drives some of the more unreasonable positions against guns. Instead, he writes, “the most practically important Second Amendment issue that is ripe for Supreme Court resolution concerns the scope of the constitutional right to bear arms in public.” Read more

Gun Control

Gun Rights Groups Challenge Maryland Gun Ban in Federal Court

BELLEVUE, WA – The Second Amendment Foundation (SAF) and its sister organization, the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA), have filed a federal lawsuit challenging the state of Maryland’s ban on common semiautomatic rifles.

The lawsuit was filed today in U.S. District Court for the District of Maryland and captioned Bianchi, et al. v. Frosh, et al. Partnering with SAF and CCRKBA in the case are the Firearms Policy Coalition (FPC), a commercial business and several individual citizens.

Individual plaintiffs are Dominic Bianchi and David Snope of Baltimore County, and Micah Schaefer who resides in Ann Arundel County, where Field Traders, LLC, the commercial plaintiff, is also located.

Named as defendants are Maryland Attorney General Brian E. Frosh, State Police Secretary Col. Woodrow W. Jones III, and Sheriffs R. Jay Fisher of Baltimore County and Jim Fredericks of Ann Arundel County, in their official capacities. Plaintiffs are represented by attorneys Nicole J. Moss, David H. Thompson, Peter A. Patterson and John D. Ohlendorf with Cooper & Kirk PLLC in Washington, D.C., Raymond M. DiGuiseppe of North Carolina and Adam Kraut, director of FPC Director of Legal Strategy of Sacramento, Calif.

This makes the second federal challenge filed against Maryland gun laws in recent days. The earlier action challenges the state’s concealed carry law that makes it nearly impossible for average citizens to exercise their right to bear arms. At issue are Maryland’s laws that individually and collectively deny millions of people their fundamental right to keep and bear commonly-owned arms. That case is Call, et.al. v. Jones et. al.

“Maryland has instituted laws that ban scores of firearms simply because they look like other guns, and that cannot be allowed to stand,” said SAF founder and Executive Vice President Alan M. Gottlieb. “As we note in the lawsuit, the right to keep and bear arms includes, but is not limited to, the right of individuals to acquire, transport, possess, purchase, and receive common firearms for all lawful purposes, including self-defense. Maryland bans such firearms and there is no basis for such a ban, so we’re taking the state to court.” Read more

Gun Control

SAF, NRA File Appeal Brief in Federal Challenge of WA Gun Control Measure

BELLEVUE, WA – Attorneys representing the Second Amendment Foundation, National Rifle Association, two Washington state gun retailers and three private citizens have filed an appeal brief with the U.S. Ninth Circuit Court of Appeals in their challenge of gun control Initiative 1639, a measure adopted two years ago in the Evergreen State.

The 45-page brief asserts I-1639 “infringes the rights protected by the Second Amendment and enjoyed by law-abiding adults of all ages. The interstate sales ban violates the Interstate Commerce Clause.” A district court judge in Tacoma dismissed the case in August, and plaintiffs promptly filed notice of appeal with the Ninth U.S. Circuit Court in San Francisco.

The initiative prohibits young adults ages 18-20 from purchasing and owning so-called “semiautomatic assault rifles,” which it defined as literally any self-loading rifle, regardless of caliber. Tens of millions of semiautomatic rifles are in use today by law-abiding citizens of all ages for a variety of endeavors including hunting, competition, predator and varmint control, recreational shooting and personal/home protection. Read more

Gun Control

DC Project Officially Launches #TealFor2A

#TealFor2A

Campaign For Second Amendment Advocacy

TULSA, OK – – The #TealFor2A campaign is a collective movement spreading across America in support of the Second Amendment. The color teal represents a steadfast commitment to preserving the right to bear arms and reflects the shared mission of individuals and organizations fighting for gun rights. Spearheaded by the DC Project, #TealFor2A cause embraces the premise that there should be no compromise on the constitutional right to bear arms in the United States.

What is the DC Project?
The DC Project affirms that firearms safety and violence prevention are achieved through education, not legislation; it encourages the preservation of America’s gun culture and highlights the diversity and rising demographic of female gun owners through ongoing advocacy because gun rights are women’s rights. According to Dianna Muller, Founder of the DC Project, “We believe that self-defense is a human right and that we are our own first responders. We understand the importance of preserving the right to protect ourselves. Members of our foundation regularly stand before legislators and lawmakers on the frontlines of this battle to protect this crucial right and make their voices heard through education. Stand with us by donating to the DC Project and wear the color teal to let others know you support the rights of responsible gun owners too.”

Get Involved, Wear Teal, and Be Heard
Share the campaign by using the hashtag #TealFor2A on social media, wear teal, and share the DC Project’s social media messaging. “Research who you are electing and learn their stance on the Second Amendment, then get out there and vote,” Muller said. Read more

Gun Control

Biden and Gun Control

By Larry Keane

Former Vice President Joe Biden declared election victory, even as President Donald Trump continues to challenge results in several states. Runoffs are slated for both U.S. Senate seats from Georgia, which could decide the balance of power in Washington, D.C. and whether agendas get an unquestioned green light or hit roadblocks.

The Biden camp is already forming the presidential transition team and increased gun control is on the table. While everyone is trying to read the political tea leaves to predict what will happen, the firearm industry is taking a pragmatic approach.

When it comes to gun control, take Biden at his word.

He’s given plenty of public comment to know exactly what he wants to do if he’s unchecked. It’s nothing short of ending Second Amendment rights and reducing them to a nanny-state privilege that’s closely monitored and meted out piecemeal to a select few. It also means the firearm industry would be decimated through harassing litigation, overburdening regulation and a bevy of laws that won’t improve public safety but would render law-abiding Americans vulnerable to criminals.

‘The Enemy’

Biden made it crystal clear his thoughts on firearm manufacturers at the onset of the Democratic presidential primary race in July 2019.

“Our enemy is the gun manufacturers, not the NRA, the gun manufacturers,” Biden said. Read more

Gun Control

SAF Files Federal Lawsuit Challenging Maryland Concealed Carry Ban

BELLEVUE, WA – The Second Amendment Foundation was joined by several other gun rights organizations today in a federal challenge of Maryland’s prohibitive concealed carry regulations that essentially ban average state residents from exercising their right to bear arms for personal protection under the Second Amendment.

Joining SAF in this legal action are the Firearms Policy Coalition, the Citizens Committee for the Right to Keep and Bear Arms, Maryland Shall Issue, Inc. and three private citizens. Named as defendants are State Police Secretary Woodrow Jones III and Maryland Attorney General Brian Frosh, in their official capacities. The case is known as Call, et.al. v. Jones et. al. SAF and CCRKBA are represented by the Washington, DC law firm Cooper & Kirk.

The lawsuit asserts Maryland’s requirement that applicants for carry permits must provide documented evidence of concrete threats or recent assaults to obtain a permit, otherwise known as the “good and substantial reason” excuse for not approving the application.

“Anti-gun Maryland officials have been using this dodge for years,” said SAF founder and Executive Vice President Alan M. Gottlieb. “By setting this arbitrary standard, state bureaucrats have been routinely denying Maryland citizens their right to bear arms. The state cannot be allowed to continue this discriminatory practice because it essentially gives public officials the power to deny someone’s fundamental, constitutionally-protected rights on a whim.” Read more

Gun Control, Self Defense

Gun Rights Groups Sue California Over Ban on Firearms ‘in Common Use’

BELLEVUE, WA – The Second Amendment Foundation and Citizens Committee for the Right to Keep and Bear Arms today filed a federal lawsuit against the State of California in a challenge of its recently-expanded ban via its so-called “Roster” laws.

Joining SAF and CCRKBA are the Firearms Policy Coalition and San Diego County Gun Owners along with two private businesses and nearly a dozen individuals. Named as defendants are California Attorney General Xavier Becerra and Luis Lopez, director of the state Department of Justice, Bureau of Firearms, in their official capacities. The lawsuit was filed in U.S. District Court for the Southern District of California. Plaintiffs are represented by attorneys Raymond M. DiGuiseppe of Southport, NC and Michael P. Sousa of San Diego. The case is known as Renna, et.al. v. Calif. Attorney General Xavier Becerra, et.al.

Under California’s “Roster” scheme, law-abiding Golden State citizens are prevented from buying and, or self-building thousands of handgun models that are available anywhere else in the country. Under the state’s “Unsafe Handgun Act,” the state can arbitrarily ban handguns that are perfectly legal to own anywhere outside of California. Plaintiffs’ attorneys contend this is an unconstitutional ban. Read more

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
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