SAF Victory Again Shows Gun Rights Restoration Possible

BELLEVUE, WA — The Second Amendment Foundation has once again funded and won a small but significant federal court victory in a Pennsylvania case in which a federal judge ruled that a man convicted of a misdemeanor crime several years ago, but who has demonstrated that he “would present no more threat to the community” than an average law-abiding citizen, may not lose his Second Amendment rights under a federal gun control statute known as 922(g)(1).

Julio Suarez was convicted in Maryland 25 years ago of a misdemeanor for carrying a firearm without a license. Since then, he has led an exemplary life, but the conviction was enough to cost Suarez his ability to buy and keep a firearm for defense of his home and family. He’s been married for 20 years, fathered three children and has a government security clearance. He is also an elder of his local church.

Middle District Court Judge William W. Caldwell said in his 26-page opinion that Suarez “is no more dangerous than a typical law-abiding citizen and poses no continuing threat to society.”

SAF founder and Executive Vice President Alan Gottlieb said that “This case provides a building block upon which similar cases in which people are convicted of non-violent crimes might be challenged because they have lost their right to keep and bear arms as a result.”

“A person should not lose his or her constitutional rights for non-violent indiscretions that occur once in a lifetime,” added Attorney Alan Gura, who represented Suarez in this SAF-funded case. Read more

Pennsylvania town posts signs: “This is not a gun free zone”

This is not a gun free zone sign

Conoy Township has only a little over 3,000 people, but they may be getting some unusual attention.  From Lancaster, Pennsylvania’s LNP:

Conoy Township has a message for criminals who might be thinking about preying on its residents: This is not a gun-free zone.
And that’s exactly what visitors will see once all the signs are securely in place along every road leading into the township. . . .
Mohr said he came up with the idea and township supervisors unanimously approved the decision to create and post the signs last fall.
“Over the last six months we’ve seen more and more home invasions and petty crime, so we thought these signs would show people we take pride in what we own,” he said. . . .

SAF Sues DC Over “Good Reason” CCW Requirement

BELLEVUE, WA – The Second Amendment Foundation today filed a federal lawsuit challenging the District of Columbia’s highly restrictive concealed carry permit requirement that applicants provide a “good reason” before such a permit is issued, which violates the Second Amendment right to keep and bear arms.

The lawsuit was filed in U.S. District Court for the District of Columbia. SAF is joined by three private citizens, Brian Wrenn and Joshua Akery, both of Washington, D.C., and Tyler Whidby, a Florida resident who also maintains a residence in Virginia. The city and Police Chief Cathy Lanier are named as defendants.

The lawsuit asserts that “individuals cannot be required to prove a ‘good reason’ or ‘other proper reason’ for the exercise of fundamental constitutional rights, including the right to keep and bear arms.” All three individual plaintiffs in the case have applied for District carry permits and have been turned down by Lanier because they could not “Demonstrate a good reason to fear injury to person or property.” Read more

Paper on the politicization of the FBI forthcoming in the Academy of Criminal Justice Sciences

The abstract     

An FBI report released on September 16th, 2014 makes the assertion that active shooter attacks and deaths have increased dramatically since 2000 – both increasing at an annual rate of about 16 percent. As the headline in the Wall Street Journal stated: “Mass Shootings on the Rise, FBI says.”

But the FBI made a number of subtle and misleading decisions as well as outright errors. Once these biases and mistakes are fixed, the annual growth rate in homicides is cut in half. When a longer period of time is examined (1977 through the first half of 2014), deaths from Mass Public Shootings show only a slight, statistically insignificant, increase – an annual increase of less than one percent.

The FBI’s misleadingly includes cases that aren’t mass shootings – cases where no one or only one person was killed in a public place. While the FBI assures people that it “captured the vast majority of incidents falling within the search criteria,” their report missed 20 shootings where at least two people were killed in a public place. Most of these missing cases took place early on, biasing their results towards showing an increase.

The paper can be downloaded here

FDIC Reverses Course on “Operation Choke Point”

In a major development concerning NSSF’s leadership to halt discrimination in the provision of financial services and products to firearms related businesses due to “Operation Choke Point”, the top officials of the Federal Deposit Insurance Corporation (FDIC) on Wednesday admitted wrongdoing and said they would cease practices that had the effect of encouraging such disparate treatment.

U.S. Rep. Blaine Luetkemeyer (R-Mo.) released a statement after a meeting with Federal Deposit Insurance Corporation Chairman Martin Gruenberg and Vice Chairman Tom Hoenig discussing the agency’s involvement in Operation Choke Point.

Yesterday, the Congressman told NSSF, “After a year of mounting pressure from Congress and outside organization like the National Shooting Sports Foundation, top officials from the Federal Deposit Insurance Corporation finally acknowledged their involvement and wrongdoing in Operation Choke Point. While I am very pleased the FDIC will put in place new polices and change the culture at the agency, there is still work to be done, specifically with the Department of Justice. I am pleased the National Shooting Sports Foundation supports my legislation, the Financial Institution Customer Protection Act, and I have no doubt the foundation will remain steadfast in educating its members and continuing the fight in ending Operation Choke Point once and for all.”

The FDIC’s important admission immediately received the attention of the Heritage Foundation’s Daily Signal, which filed a comprehensive news story by news producer Kelsey Harkness (read it at: http://dailysignal.com/2015/01/28/exclusive-fdic-changes-tactics-response-operation-choke-point/).

Earlier this week, the firearms industry’s outspoken opposition to discriminatory financial services practices was the subject of major print and video coverage by the Daily Signal’s Harkness, who traveled to the SHOT Show to gauge industry response, including an exclusive interview with NSSF Senior Vice President and General Counsel Lawrence G. Keane. (http://dailysignal.com/2015/01/26/ready-aim-fire-choke-point-draws-heat-from-gun-industry/) Read more

Second Amendment Armory Announces Official On Line Store for SAF

Ft. Collins, CO – The Second Amendment Armory LLC proudly announced the grand opening of their new we store: www.the2ndamendmentarmory.com today – the Official Store, and a Bronze Level sponsor of the Second Amendment Foundation.

Each purchase through the Second Amendment Armory site supports the efforts of the Second Amendment Foundation to protect and restore our Second Amendment Rights – the right to keep and bear arms.

SAF represents the cutting edge of Second Amendment law and policy development with legal efforts including nearly thirty active state and federal lawsuits, their Legal Preemption Project and educational programs including the annual Gun Rights Policy Conference and multiple publications. Read more

SCOTUS Urged to Take Up San Francisco Gun Control Case

ROSEVILLE, CA – The Firearms Policy Coalition and 12 other state and national civil rights organizations filed a brief in the United States Supreme Court today for a lawsuit challenging a San Francisco gun control ordinance.

According to the plaintiffs’ petition for review, the city’s law “requires all residents who keep handguns in their homes for self-defense to stow them away in a lock box or disable them with a trigger lock whenever they are not physically carrying them on their persons.”

In the amicus (“friend of the court”) brief filed by attorneys Bradley Benbrook and Stephen Duvernay, the gun-rights groups argue that summary reversal of the Ninth Circuit Court of Appeals’ decision “is warranted because [it] is plainly contrary to Heller,” a landmark 2008 ruling that held the Second Amendment protects an individual-rather than a collective-right to keep and bear arms. But the groups also argue that the Supreme Court should hear the case in order to “clarify the standard governing Second Amendment challenges, and to confirm that courts must be guided by text and history rather than judicial interest balancing.” Read more

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