ThinkingAfield.org

BELLEVUE, Wash. —— The Second Amendment Foundation (SAF) is applauding an amicus brief submitted by the American Civil Liberties Union (ACLU) in a Second Amendment case which contends a man named Steven Duarte “did not forfeit his Second Amendment rights because of a past, nonviolent felony conviction.” The case is known as U.S. v. Duarte.

“This is a remarkable and refreshing approach by the ACLU,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The organization has produced a stunningly detailed amicus brief supporting the Second Amendment. While acknowledging its history of concerns regarding gun-related violent crime, in this case the ACLU properly criticizes federal law for permanently disarming people previously convicted of nonviolent offenses, including misdemeanors where a state legislature has imposed a sufficiently long possible prison sentence to result in a lifetime loss of Second Amendment rights. Thus, as the ACLU sagely observes, someone could be put in prison for ‘the most fleeting, innocuous, or merely constructive ‘possession’ of a firearm’.” Read more

Attorneys representing the Second Amendment Foundation (SAF) and Maryland resident Donald S. Willey have submitted an appellants’ brief to the Maryland Supreme Court in their federal challenge of that state’s so-called “red flag” law. The case is known as Willey v. Brown and was filed in U.S. District Court for the District of Maryland in August 2023.

Mr. Willey, a 64-year-old Marine Corps veteran, has been battling officials in Maryland’s Dorchester County over alleged di minimis nuisance and zoning infractions. Ultimately, Willey became the subject of an Extreme Risk Protective Order (“ERPO”) to have his firearms and ammunition confiscated, for allegedly making threats, which Willey steadfastly denied. Willey was forced to endure a humiliating involuntary mental health evaluation. The federal lawsuit alleges Willey’s constitutional rights were violated for nearly two weeks, after which his firearms were returned.

SAF and Mr. Willey are represented by attorneys Mark W. Pennak at Maryland Shall Issue in Baltimore, and by Edward A. Paltzik, Serge Krimnus and Meredith Lloyd at Bochner PLLC in New York.

While the federal case remains active, it hinges on the interpretation of Maryland state law, so the federal district court certified two questions of law for the Maryland Supreme Court to answer. Once the Maryland courts interpret/define “reasonable grounds” as used in the state’s ERPO law, the federal lawsuit will resume. Those questions are: Read more

Gun Owners of America (GOA) and Gun Owners Foundation (GOF) filed an amicus brief with the Supreme Court of the United States in support of the challenge to Maryland’s “Assault Weapons” Ban. GOA and GOF were joined by several groups in the filing, including Gun Owners of California, Tennessee Firearms Association, Virginia Citizens Defense League, and the Heller Foundation.

In the brief, GOA urges the Supreme Court to take the case, arguing that the 4th Circuit has intentionally tried to circumvent Bruen with their ruling to uphold Maryland’s ban, just as they have done previously in other landmark cases that eventually reached the Supreme Court. Additionally, the brief highlights how so-called “assault weapons” unquestionably meet the definition of bearable arms under Heller and Bruen.

Erich Pratt, GOA’s Senior Vice President, issued the following statement:

“Semi-automatic rifles have long been in the crosshairs of anti-gunners despite their soaring popularity, and under Heller and Bruen they are undoubtedly protected by the Second Amendment. Contrary to the political spin and temper tantrums of anti-gunners, these weapons are often Americans’ choice for self-defense – just ask our own Stephen Willeford.” Read more

The Second Amendment Foundation (SAF) and its partners have filed an amicus brief with the 11th U.S. Circuit Court of Appeals in a case involving a Florida postal worker who was indicted for possessing a firearm in a federal facility.

He was cleared by the federal district court, and now the government is appealing SAF and its partners are encouraging the 11th Circuit Court to uphold the district court ruling. The case is known as U.S. v. Ayala.

Joining SAF are the California Rifle & Pistol Association, Minnesota Gun Owners’ Caucus and Second Amendment Law Center. They are represented by attorneys C.D. Michel and Konstadinos T. Moros at Michel & Associates in Long Beach, Calif. Read more