Category: Gun Control

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

Federal Judge Declines Ruling, Sets Briefing Schedule in 2AF v New Jersey

Federal District Judge Michael A. Shipp met with both sides in the Second Amendment Foundation’s lawsuit challenging New Jersey Governor Phil Murphy’s order shutting down firearms dealers in the Garden State. In Kashinsky v. Murphy, the SAF is joined by the New Jersey Second Amendment Society in alleging violation of “civil rights under color of law” by shutting down firearms dealerships, preventing citizens and businesses from exercising their rights under the Second and Fourteenth Amendments. The Second Amendment Foundation’s Alan Gottlieb tells The Outdoor Wire Digital Network that Judge Shipp has set Friday, April 3 as the date for the state’s opposition brief to the suit with the SAF/NJSAS response four days later, Tuesday, April 4.
Gun Control

SAF Applauds Pennsylvania Governor’s About-Face on Gun Dealers

BELLEVUE, WA — The Second Amendment Foundation is applauding Pennsylvania Gov. Tom Wolf’s decision to recognize that gun dealers are essential to public safety, and has updated the list of life sustaining businesses to allow Keystone State gun owners to exercise their fundamental constitutional rights.

Wolf’s reversal came after the Pennsylvania state Supreme Court had ruled against an emergency legal challenge by several Second Amendment groups to the governor’s earlier order to close “non-life-sustaining” businesses due to the Coronavirus panic, but did not get to the merits of the case.

“Gov. Wolf’s change of heart is a welcome display of good sense and constitutional adherence,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Perhaps some other state governors could take a lesson from Wolf as they issue so-called ‘stay-at-home’ orders. SAF currently has a federal lawsuit against New Jersey, and we are working on lawsuits against Washington, Massachusetts and jurisdictions in California and North Carolina, among others. Read more

Gun Control

SAF Sues New Jersey Governor for Depravation of Rights

BELLEVUE, WA – In a move directly linked to the ongoing COVID-19 pandemic, the Second Amendment Foundation has filed a federal lawsuit against New Jersey Gov. Philip D. Murphy and State Police Supt. Patrick J. Callahan, asserting violation of civil rights under color of law by shutting down firearms dealerships in the Garden State, thus preventing citizens from exercising their rights under the Second and Fourteenth amendments.

Murphy and Callahan are being sued in their official capacities. The case, which was filed in the U.S. District Court for the State of New Jersey is known as Kashinsky v. Murphy.

Joining SAF in this action is the New Jersey Second Amendment Society, on behalf of Robert Kashinsky and Legend Firearms, a gun shop in the state. They are represented by noted civil rights attorney David Jensen.

Kashinsky sought to purchase a firearm for personal protection during the current crisis, but Murphy issued Executive Order 107 on March 21, which ordered all non-essential retail businesses closed to the public. The order does not include licensed firearms dealers on its list of “essential” businesses that may continue operating during the crisis.

“In order for New Jersey residents to purchase firearms,” noted SAF founder and Executive Vice President Alan M. Gottlieb, “they must go through a licensed firearms retailer and pass a background check. However, Murphy’s order was subsequently followed by a notice posted on the State Police website that the agency is no longer conducting background checks.

“Gov. Murphy cannot simply suspend the Second Amendment, and neither can Supt. Callahan,” he continued. “Yet, under this emergency order, that’s exactly what they’re doing. The Constitution, and federal law, don’t allow that. New Jersey may have been the first state to ratify the Bill of Rights, but they’re the last state to recognize it.”

The lawsuit seeks an injunction restraining the defendants and everyone acting on their behalf from enforcing Executive Order 107 “to the extent it operates to flatly prohibit the purchase and sale of firearms and ammunition.”

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 650,000 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

Gun Control
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