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Two days after filing a federal lawsuit challenging a so-called “Red Flag” law in Maryland, the Second Amendment Foundation is announcing the launch of a new project to take subsequent legal actions against similar laws in several states.

This new initiative is called “Capture the Flag,” and it will focus on abuses and mis-application of “Extreme Risk Protection Order (ERPO)” statutes which have been adopted by 21 states and the District of Columbia.

“SAF’s ‘Capture the Flag’ initiative looks to challenge these laws that deprive individuals of their right to keep and bear arms, where appropriate, based on evidentiary standards that are constitutionally impermissible,” explained SAF Executive Director Adam Kraut, who is a practicing civil rights attorney.

Kraut said the project will initially focus on “Red Flag” laws in six states: California, Florida, Maryland, Massachusetts, New Jersey and Washington.

“SAF has been concerned about these statutes since they first started showing up,” noted SAF founder and Executive Vice President Alan M. Gottlieb. “We have already taken legal action against officials in Maryland for an egregious abuse of the law against a citizen in Dorchester County. But all of these laws should raise alarms because they prioritize citizen disarmament ahead of due process, and that can easily lead to deprivation of rights under color of law.” Read more

BELLEVUE, WA – The Second Amendment Foundation and its partners in a challenge of the “Final Rule” issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives redefining frames and receivers as firearms, have filed an appellee’s brief in the case, known as VanDerStok v. Garland.

Joining SAF are Defense Distributed, and JSD Supply. They are represented by Houston, Texas attorney Chad Flores.

The brief explains how ATF redefined the term “firearm” without any Congressional action. Last year, the agency announced a Rule expanding the definition of firearm to include unfinished firearm components and kits used in the process of manufacturing a firearm. SAF and its partners are asserting ATF violated the Administrative Procedures Act (APA). A federal district court judge agreed and concluded that ATF had acted in excess of its statutory authority, and granted summary judgment.

SAF founder and Executive Vice President Alan M. Gottlieb recently promised the organization will pursue this case “vigorously” as it winds through the court system.

“This case challenges the authority of the ATF to change rules and definitions of firearms without Congressional authority,” Gottlieb said. “We simply cannot allow any federal agency to make up its own rules as it goes along, without Congressional approval.” Read more

The Second Amendment Foundation and one of its members, Donald S. Willey, a 64-year-old Marine Corps veteran, have filed a federal lawsuit challenging the so-called “red flag” law enacted by the State of Maryland five years ago.

The lawsuit was filed in U.S District Court for the District of Maryland, Northern Division. Defendants are Maryland Attorney General Anthony G. Brown, Dorchester County, Dorchester County Planning and Zoning Director Susan E. Webb, and Dorchester County Sheriff James W. Phillips. All three are sued in their official capacities, and Webb is also being sued personally.

SAF and Willey are represented by attorneys Edward Andrew Paltzik and Serge Krimnus of the Bochner PLLC law firm in New York City.

According to the federal complaint, for almost two decades Dorchester County authorities have “relentlessly pursued Willey for de minimis nuisance and zoning infractions.” More than two years ago, Webb allegedly stepped up the effort by accusing Willey of operating an illegal business on his property, leaving his yard in poor condition and for an “unpermitted disturbance to a 100-foot tidewater buffer.” These complaints were ultimately withdrawn, resulting in a consent order regarding the alleged condition of Willey’s yard.

Earlier this year, one of Webb’s inspectors entered Willey’s property to conduct a compliance inspection, culminating with Webb issuing new notices for Willey to make other improvements. Several days later, Webb and one of her inspectors visited Willey’s property without advance notice, as required by the consent order. At that time, Webb allegedly berated Willey before “violently” affixing Notices of Violation to a fiberglass cover on his boat, damaging the boat cover. Read more