Category: Gun Control

SCOTUS Moots NY Gun Case, But Pending Cases Could Provide 2A Protection

BELLEVUE, WA – While the U.S. Supreme Court has mooted the New York State Rifle & Pistol Association’s challenge of a now-defunct handgun law in the City of New York, there is a possibility for an important Second Amendment ruling coming from one of four cases now pending before the high court, the Second Amendment Foundation said today.

The hint came in a concurrence on the court’s decision from Justice Brett Kavanaugh. While he shares concerns voiced by Associate Justice Samuel Alito that some state and federal courts may not be properly applying the principles of the Heller and McDonald rulings.

“The court should address that issue soon,” Justice Kavanaugh observed, “perhaps in one of the several Second Amendment cases with petitions for certiorari now pending before the Court.”

While SAF founder and Executive Vice President Alan M. Gottlieb was disappointed, but not surprised by the high court’s action on the New York Case, he is encouraged that one of SAF’s four cases now up for consideration by the Supreme Court may be granted a hearing.

“The Second Amendment Foundation currently has four cases pending before the Supreme Court that could serve that purpose,” Gottlieb said, “and we hope that one or all of these cases gets heard and gives notice to lower courts that they can no longer thumb their noses at the prior rulings that protect Second Amendment rights.” Read more

Gun Control

SCOTUS Asks San Jose for Response to SAF’s Rodriguez Gun Rights Case

BELLEVUE, WA – The U.S. Supreme Court has instructed the City of San Jose, California to respond to a writ of certiorari from the Second Amendment Foundation in the case of Lori Rodriguez, et al. v. City of San Jose , which involves the city’s confiscation of legally-owned firearms and the city’s refusal to return them.

“We’re encouraged by this development in the case,” said SAF founder and Executive Vice President Alan M. Gottlieb. “If the city thought they could just ignore this case and make it go away, they’re wrong.”

SAF is joined by the California Gun Rights Foundation on behalf of plaintiff Mrs. Rodriguez, who is legally qualified to own firearms in the state. Her firearms were seized seven years ago after her husband was taken to a hospital on a mental health issue. At the time, a San Jose police officer advised Rodriguez he had authority to seize all firearms in the residence, including those belonging solely to her, which were all locked in a California-approved safe. The guns were taken without a warrant, and over Rodriguez’s objection. Read more

Gun Control

SAF Sues Georgia County, Judge Asserting Deprivation of Rights

BELLEVUE, WA – The Second Amendment Foundation and Firearms Policy Coalition today filed suit in federal district court in Georgia, in a case alleging Cherokee County and Probate Court Judge Keith Wood have violated the constitutional rights of citizens by ordering that the county would not accept applications for Weapons Carry Licenses during the coronavirus outbreak.

The case names Georgia Gov. Brian Kemp, Georgia Department of Public Safety Commissioner Gary Vowell, Cherokee County, and Judge Wood, in their official capacities.

SAF and FPC filed the action in U.S. District Court for the Northern District of Georgia, Atlanta Division, on behalf of one of their members, Lisa Walters. According to the 16-page federal complaint, Walters’ husband contacted the probate court several days ago to inquire about her ability to obtain a carry license. The county informed Walters’ husband that the order to not accept license applications will remain in effect. Read more

Gun Control, Self Defense

SAF Joins Lawsuit Against Massachusetts Governor

BELLEVUE, WA – The Second Amendment Foundation today joined several partners in a federal lawsuit against Massachusetts Gov. Charlie Baker and two other Massachusetts officials, challenging their acts of eliminating all lawful channels of access to constitutionally protected arms and ammunition during the coronavirus emergency.

Partners in this action included the Firearms Policy Coalition (FPC), Commonwealth Second Amendment, Inc. (Comm2A), the Massachusetts Gun Owners Action League (GOAL), plus retailers and private citizens. The case is known as McCarthy v. Baker. Attorneys in this case are J. Steven Foley of Worcester, Jason A. Guida of Saugus and David Jensen of Beacon, N.Y.

“Closing gun stores and preventing citizens from exercising their Second Amendment rights is not the way to fight a viral pandemic,” said SAF founder and Executive Vice President Alan M. Gottlieb. “How ironic that rights groups must take the governor of Massachusetts to court over a Second Amendment issue as the 245th anniversary of the Battles of Lexington and Concord approaches. Government gun control is precisely the reason our ancestors stood together on April 19, 1775, and the Baker administration should seriously re-think its position.” Read more

Gun Control

Rights Groups Sue New Mexico Governor

BELLEVUE, WA – The Second Amendment Foundation, National Rifle Association and Firearms Policy Coalition today filed a federal lawsuit against New Mexico Gov. Michelle Lujan Grisham, challenging her order mandating the closure of lawful retail firearms businesses during the ongoing coronavirus pandemic.

Joining SAF, NRA and FPC are the New Mexico Shooting Sports Association, two businesses and three private citizens. They are represented by attorneys Patrick J. Rogers, Albuquerque; Cody J. Wisniewski, Lakewood, Colo.; Adam Kraut, Sacramento, Calif., and Michael T. Jean, Fairfax, Va. The complaint was filed in U.S. District Court for the District of New Mexico and is known as Aragon v. Grisham.

In addition to Gov. Grisham, also named as a defendant is Kathyleen Kunkel, secretary for the New Mexico Department of Health, both in their official capacities. The Department of Health is also a defendant.

The lawsuit “challenges Defendants’ mandatory shuttering of lawful retail firearms businesses.”

“By arbitrarily, capriciously—and unconstitutionally—targeting those who lawfully sell firearms and ammunition, New Mexico is depriving citizens of their natural and fundamental right to keep and bear arms,” the complaint alleges. Read more

Gun Control

CCRKBA: Rising Crime During Pandemic = Increased Gun Sales

BELLEVUE, WA – Reports of increased crime as the coronavirus pandemic continues underscore the renewed public interest in gun ownership, and the necessity of gun shops and shooting ranges where genuine gun safety is practiced and taught, the Citizens Committee for the Right to Keep and Bear Arms said today.

“Fortunately,” said CCRKBA Chairman Alan Gottlieb, “most of the crime now being reported involves commercial burglary of unoccupied businesses, but how long before the people responsible ramp things up? People, many of whom have never before owned a gun, now want that means of personal safety, for themselves, their families and their homes.

“That’s why it makes no sense to close down gun shops and shooting ranges as ‘non-essential’ while the coronavirus emergency continues,” he explained. “Gun sales are in record territory, and ordering gun stores to shut down is simply wrong.

Published reports say burglaries are up in cities such as San Jose and Seattle, both in states where governors have arbitrarily decided gun stores are “non-essential,” Gottlieb noted. Reports from New Jersey and New York have revealed police are not immune to COVID-19 infection, and some experts are saying the country could be entering the worst phase of the pandemic in the next two weeks.

“Combine all of these circumstances,” Gottlieb observed, “and it is understandable why more people want to become gun owners. They are concerned about becoming crime victims, and about police agencies lacking the manpower to respond quickly, or even at all.

“Using the current emergency as an excuse to close gun shops amounts to giving the gun control agenda a higher priority than public safety,” he asserted. “Where else but a gun shop and local range can new gun owners learn about firearms safety, including safe storage? Where else can they purchase gun locks and gun safes, and receive competent instruction about responsible gun ownership?

“Saying gun stores are not essential in times of emergency isn’t common sense, it’s nonsense,” Gottlieb stated. “Such mandates don’t keep people safe, they keep people vulnerable. The irony is that state officials pushing this foolishness have their own armed security. Can you say hypocrite?”

With more than 650,000 members and supporters nationwide, the Citizens Committee for the Right to Keep and Bear Arms (www.ccrkba.org) is one of the nation’s premier gun rights organizations. As a non-profit organization, the Citizens Committee is dedicated to preserving firearms freedoms through active lobbying of elected officials and facilitating grass-roots organization of gun rights activists in local communities throughout the United States.

Firearms, Gun Control

SAF Rips “Everytown” Close Gun Shops Memo

Second Amendment Foundation
BELLEVUE, WA – The Second Amendment Foundation today responded to a memorandum issued by ‘Everytown Law,’ an arm of Michael Bloomberg’s Everytown for Gun Safety gun prohibition lobbying group, calling the document “totally biased” and written solely to support the emergency closure of American gun stores, using the COVID-19 crisis as an excuse.

According to the memo, Everytown objects to lawsuits—filed by SAF and other groups—to protect retail firearms stores as “essential businesses” on the grounds that gun rights groups are “seeking…for Second Amendment rights to become super-rights, receiving a level of protection no other constitutional right enjoys.” Read more

Gun Control

Groups Seek ‘Show Cause’ Order in California Gun Case

BELLEVUE, WA – A coalition of gun rights groups including the Second Amendment Foundation is asking for a temporary restraining order (TRO) and an order to “show cause” in a motion for their federal case against California authorities who have ordered a shutdown of retail gun shops in connection with the COVID-19 outbreak.

Joining SAF are plaintiffs Adam Brandy, Jonah Martinez, Daemion Garro, DG2A Enterprises Inc., d.b.a. Gun World, Jason Montes, Weyland-Yutani LLC d.b.a. Match Grade Gunsmiths, Alan Kushner, The Target Range, Tom Watt, A Place To Shoot, California Gun Rights Foundation, National Rifle Association and Firearms Policy Coalition, Inc. They are represented by California attorneys George M. Lee, San Francisco and John W. Dillon of Carlsbad, and Raymond M. DiGuiseppe of Southport, N.C.

The case is known as Brandy, et.al. v. Villanueva, et.al. It was filed in U.S. District Court for the Central District of California.

Plaintiffs are asking the court to enjoin California authorities, including Gov. Gavin Newsom and Los Angeles County Sheriff Alex Villanueva from closing or compelling the closure of retail firearm and ammunition businesses on the grounds they are “non-essential businesses” under Executive Order N-33-20, the “Safer at Home Order for Control of COVID-19.” They are also requesting the Court to issue an Order to Show Cause why a preliminary injunction should not issue, granting Plaintiffs preliminary and permanent injunctive relief as sought herein.

The action comes after officials in other states, including New Jersey, Delaware, Pennsylvania and Wake County, N.C. backtracked on orders to close gun stores, and are now allowing those “essential businesses” to remain open. Over the weekend, the Department of Homeland Security and Cybersecurity and Infrastructure Security Agency released new guidelines that declare “Workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges” to be part of the essential workforce. Read more

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

Gun Control

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

Gun Control
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