Gun Laws

SCOTUS Moots NY Gun Case, but Pending Cases Could Provide 2A Protection

Second Amendment FoundationWhile the U.S. Supreme Court has mooted the New York State Rifle & Pistol Association’s challenge of a now-defunct handgun law in the City of New York, there is a possibility for an important Second Amendment ruling coming from one of four cases now pending before the high court, the Second Amendment Foundation said today.

The hint came in a concurrence on the court’s decision from Justice Brett Kavanaugh. While he shares concerns voiced by Associate Justice Samuel Alito that some state and federal courts may not be properly applying the principles of the Heller and McDonald rulings.

“The court should address that issue soon,” Justice Kavanaugh observed, “perhaps in one of the several Second Amendment cases with petitions for certiorari now pending before the Court.”

While SAF founder and Executive Vice President Alan M. Gottlieb was disappointed, but not surprised by the high court’s action on the New York Case, he is encouraged that one of SAF’s four cases now up for consideration by the Supreme Court may be granted a hearing.   Continue reading

CSF Applauds CA Court’s Injunction in Ammo Restriction Case

On April 23, a federal court in California put a halt to California’s ammunition background check requirements declaring, “Accordingly, the Court enjoins the State of California from enforcing the ammunition sales background check provisions” found in the California Penal Code. The Court’s grant of this injunction is a strong win for all California sportsmen and women because the ammunition sales restrictions will prevent the State of California from enforcing the ammunition sales background checks through its now enjoined onerous and flawed system as the Rhode v. Becerra case continues to be litigated.

“This is a huge victory for California gun owners. Though we have several lawsuits pending at this time, none in my opinion are as important as Rhode v. Becerra. This case impacts every gun owner in California and establishes a precedent for California law makers to learn to respect federal law,” said Roy Griffith, Legislative Director of California Rifle and Pistol Association.   Continue reading

Supreme Court Dismisses Challenge to New York Gun Law

The U.S. Supreme Court on Monday refused to hear a challenge to a New York City law restricting the rights of handgun owners to carry their weapons outside the home.

The 6-3 decision sends the case back to the lower courts — a move that pleases gun control advocates who were afraid that the conservative-majority court would rule against them.

The case centered on the New York City gun licenses that let handgun owners carry their locked and unloaded weapons only from their homes to several shooting ranges within city limits.

Attorneys for the city argued that the law was a matter of public safety and did not infringe on the Second Amendment right to bear arms.

A group of gun owners, backed by Trump administration lawyers, challenged the law, arguing that it was too restrictive.

But after the Supreme Court agreed to hear the case, New York amended the law to allow people to carry their guns to places outside the city, including second homes, gun clubs, target shooting ranges and where hunting is allowed.

The court decided not to hear the case Monday, saying the changes to the law makes the challenge moot, and sent it back to the lower court for any further challenges and arguments.

Three conservative justices — Samuel Alito, Neil Gorsuch and Clarence Thomas — dissented.

“Petitioners got most, but not all, of the prospective relief they wanted,” Alito wrote, saying gun owners can still seek damages.

Gun control advocates are pleased the court decided not to rule on the case.

“Today’s decision rejects the NRA’s invitation to use a moot case to enact its extreme agenda aimed at gutting gun safety laws supported by a majority of Americans,” said Hannah Shearer, litigation director at the Giffords Law Center to Prevent Gun Violence.

But the National Rifle Association, the country’s premier gun rights group, said the court Monday accepted what the NRA calls New York City’s “surrender” and admission of wrongdoing. It calls on the city to reimburse the plaintiffs’ legal fees.

Federal Court Issues Preliminary Injunction in Rhode v. Becerra

Major Victory in Case Challenging Constitutionality of California’s Ammo Background Check Law

A major victory was secured on Thursday when a federal judge issued a preliminary injunction in the NRA-supported case, Rhode v. Becerra. The case challenges the constitutionality of a California law that puts draconian restrictions on ammunition acquisition and transfers as a result of Prop 63 and SB 1235 (2016).

As the court said, ‘The right to keep and bear arms is the insurance policy behind the right to life … a shield from the tyranny of the majority.’ California wasn’t just obstructing the people’s fundamental right to defend their families and lives—it was encouraging unlawful hostility toward an individual, Constitutional right,” said Jason Ouimet, executive director, National Rifle Association Institute for Legislative Action. “The NRA funded this case for the same reason the court struck down the laws: enough was enough.

The law required law-abiding citizens to undergo background checks when purchasing ammunition and for all transactions to occur in-person through a licensed ammunition vendor.

Thursday’s injunction means the law cannot be enforced while the case is active unless the decision is stayed.

NRA, SAF, FPC, et al. File Lawsuit Against Anti-Gun New Mexico Governor

Suit is Among Many filed in Fight Against Gun Store Closures During COVID-19 Pandemic

The National Rifle Association (NRA) and other pro-Second Amendment organizations filed a lawsuit in New Mexico today challenging anti-gun Gov. Michelle Lujan Grisham’s use of emergency powers and her COVID-19 statewide order to shut down firearm retailers and ranges.

Politicians imperil our families by declaring our fundamental right of self defense ‘non-essential’ while they free criminals,” said Jason Ouimet, executive director, National Rifle Association Institute for Legislative Action. “As always, the NRA and its membership will continue to fight every hypocrite who enjoys armed security while denying American families their essential access to firearms.

The NRA filed the suit in U.S. Distict Court with the Second Amendment Foundation, the Firearms Policy Coalition, the Mountain States Legal Foundation, and the New Mexico Shooting Sports Association.

Grisham has exploited this crisis to continue her attack on the rights of law-abiding citizens. Other Democratic colleagues of hers, in states such as Colorado, have deemed gun stores and ranges “essential” and protected residents’ right to purchase and own guns.

A copy of the lawsuit can be found here.

California Gun Rights Lawsuit: Part II

The National Rifle Association (NRA) joined other individuals, retailers, and gun rights groups in filing a federal lawsuit on Tuesday challenging local policies and enforcement practices that violate Second and Fourteenth Amendment rights.

Local governments aren’t promoting safety or “common sense” by targeting gun stores for closure; the closures only serve to disarm law-abiding families while criminals roam free,” said NRA-ILA Executive Director Jason Ouimet. “Because these closures violate our Second Amendment rights when we need them most, the National Rifle Association continues to fight such infringements in court alongside fellow Second Amendment groups.”​​

This is the second lawsuit the gun rights coalition has filed in California after a number of counties deemed firearm and ammuntion stores, as well as indoor and outdoor ranges, “nonessential.” The gun rights groups includes the Second Amendment Foundation (SAF), the California Gun Rights Foundation (CGF), and the Firearms Policy Coalition (FPC). A copy of the lawsuit can be found here.

Partners

Categories

Archives

R.K.B.A

Join NRA Save $10


GunLink is a proud member of NSSF