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The Second Amendment Foundation (SAF) and its partners have filed an amicus brief with the Supreme Court urging the court hear Jamond M. Rush v. United States of America, a case challenging restrictions on short-barreled rifles (SBRs). It is SAF’s second Supreme Court amicus brief on this topic, following a similar brief filed in David Robinson Jr. v. United States of America.

SAF is joined in the amicus filing by the Second Amendment Law Center, California Rifle & Pistol Association and Minnesota Gun Owners Caucus.

“Similar to other circuit courts, the Seventh Circuit decided that U.S. v. Miller (1939) and its ruling allowing restrictions on short-barrel shotguns because they had no documented militia use, remains controlling and applicable to SBRs as well,” said SAF Director of Legal Research and Education Kostas Moros. “Our amicus brief makes several arguments as to why the Seventh Circuit’s analysis was flawed and why the Supreme Court should grant cert in this case. We are hopeful the Supreme Court will step in and correct courts reaching the wrong conclusion on this fundamental question, both as it pertains to SBRs and to other common arms.”

The brief explains that SBR’s are “arms” under the plain text of the Second Amendment. In order to then regulate them, it is the government’s burden to show a historical tradition of such regulation. Such a historical tradition simply does not exist, nor is there one supporting the taxation regime of the National Firearms Act. The brief also discusses how some circuit courts are getting basic questions about protected arms wrong and misapplying the Bruen analysis, which necessitates the Supreme Court’s intervention. Read more

GW:  Anyone remember when hurricane Katrina hit New Orleans and guns were actually confiscated during the “state of emergency” declaration by the mayor?  Just when guns are needed for self-protection, the gun grabbers want to disarm citizens.  Same in Pennsylvania.

BELLEVUE, Wash. —— The U.S. Supreme Court has distributed a Second Amendment Foundation (SAF) case, Madison Lara v. Commissioner Pennsylvania State Police, for conference to be held on Monday, Sept. 29.

The case seeks to vindicate the firearm carry rights of young adults by challenging Pennsylvania state law which prohibits them from carrying firearms during a declared state of emergency. Joining SAF in the case are the Firearms Policy Coalition and three individuals.

“We agree with the commonwealth that cert should be granted in this case, and this conference distribution is one step closer to that goal,” said SAF Director of Legal Operations Bill Sack. “We are hopeful that the Supreme Court steps in and puts to bed once and for all the question as to whether 18-20-year-olds are part of ‘the People’ who share the same Second Amendment rights as their older counterparts.”

Originally filed in 2021, the Third Circuit Court of Appeals has twice ruled in SAF’s favor. After the initial ruling, the commonwealth appealed to the U.S. Supreme Court which, in turn, remanded the case back to the Third Circuit to reconsider in light of the Court’s ruling in Rahimi. The Third Circuit determined that Rahimi had changed nothing about their analysis and once again ruled for SAF and the plaintiffs. After being denied en banc review by the Third Circuit, the commonwealth has once again petitioned the Supreme Court to hear the case.

“If you’re an adult, then you should be able to fully exercise your Second Amendment rights, period,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The Third Circuit has made the determination that 18-20-year-olds are members of ‘the People’ more than once, and we are hopeful the Supreme Court will follow suit and determine that adults under 21 have the same rights as other American adults.”

For more information visit SAF.org.

The Second Amendment Foundation (SAF) and its partners have petitioned the U.S. Supreme Court for review in Viramontes v. Cook County, SAF’s challenge to the Cook County, Ill., ban on so-called “assault weapons.”

Originally filed in 2021, the case was put “on hold” during which time the Supreme Court handed down the 2022 Bruen decision, and the Illinois legislature passed the nearly identical statewide ban on “assault weapons,” which SAF has also challenged, in Harrel v. Raoul. SAF is joined in Viramontes by the Firearms Policy Coalition and two private citizens.

“The Supreme Court has indicated its interest in addressing assault weapons bans within the next term or two, and we think this case is a solid vehicle for that review,” said SAF Director of Legal Operations Bill Sack. “As Justice Thomas rightly pointed out in his dissent from denial in Snope, the longer SCOTUS delays, the longer millions of Americans are subject to these unconstitutional, categorical bans of the some of the most popular arms in America.”

As noted in the petition: “Cook County’s ‘assault weapons’ laws restrict many perfectly ordinary and common firearms, like the AR-15 rifle. These firearms are not distinct from other rifles in their design or their function. Indeed, the very term ‘assault weapon’ is a political slogan masquerading as a meaningful designation, designed to exploit ‘the public’s confusion over fully automatic machine guns versus semi-automatic’ firearms.”

“The idealogues in Cook County wrongfully think that the AR-15, and similar firearms, are not appropriate for self-defense,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The disenfranchisement of an entire population of residents is an absolute infringement on their Second Amendment rights. We’ve fought this case for far too long and it’s time for the Supreme Court to step in and determine that bans on the AR-15 are unconstitutional.” Read more

NSSF®, The Firearm Industry Trade Association, sent a letter to the Federal Trade Commission’s (FTC) Chairman Andrew Ferguson urging the FTC to support President Donald Trump’s Executive Order Protecting Second Amendment Rights by conducting a thorough review of relationships and activities by the Biden FTC with non-governmental organizations (NGOs) that propagated “whole of government” infringements on Second Amendment rights.

Gun control groups were welcomed to the Biden White House, including through the now-defunct White House Office of Gun Violence Prevention, that built a reciprocal relationship to attack Second Amendment rights and the firearm industry that makes exercising those rights possible. As part of a coordinated “lawfare” campaign, gun control NGOs aligned with the Biden administration coordinated to publish a series of misleading “complaints” urging the FTC to investigate and a take legal action against truthful and constitutionally-protected firearm advertising.

“Countering President Biden’s ‘whole of government’ effort to infringe the Second Amendment necessitates a whole of government response by this administration,” wrote Lawrence G. Keane, NSSF Senior Vice President and General Counsel, to Chairman Ferguson. “Likewise, the particular focus from the Biden Administration and NGOs on co-opting the Biden-era FTC for their unconstitutional agenda, necessitates decisive action from the current Commission.”

Specifically, NSSF urged the FTC to take the following actions to implement President Trump’s Executive Order: Read more