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.
NRA, SAF, CGF, FPC, Others Sue California
Coalition Files Federal Lawsuit Against Los Angeles Sheriff Villanueva, California Gov. Gavin Newsom Over Constitutional Violations
Today, the National Rifle Association (NRA) joined individuals, retailers, and other gun rights groups in filing a federal lawsuit challenging state and local policies and enforcement practices that violate Second and Fourteenth Amendment rights. 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.
“Municipalities who target lawful gun stores for closure aren’t promoting safety—by weaponizing their politics to disarm you and your loved ones, these shameless partisans are recklessly promoting a gun-control agenda that suffocates your self-defense rights when you need them most,” said NRA-ILA Executive Director, Jason Ouimet. “NRA members recognize these unlawful power-grabs for what they are, and the National Rifle Association is proud to stand and fight alongside fellow Second Amendment groups who recognize it, as well.”
“California’s attack on fundamental rights in times of emergency must be stopped in its tracks,” observed SAF founder and Executive Vice President, Alan Gottlieb. “This case is part of our mission to win firearms freedom one lawsuit at a time. And more, the lawsuits we are filing across the country are making a large number of other states, counties, and cities think twice before closing down essential gun stores.” Continue reading
SAF: Shootings Again Prove Failed Logic of CA Gun Control
The school shooting near Los Angeles and Sunday’s multiple homicide in Fresno are more examples of the failure of extremist California gun control, the Second Amendment Foundation said today.
Two students were murdered at Saugus High School last Thursday by a teenager who could not legally carry a handgun, and four people died at a residential gathering Sunday evening when unidentified gunmen opened fire. But anti-gun-rights California lawmakers have spent years adopting increasingly restrictive gun control laws that were sold to the public as schemes to prevent such horrendous crimes.
“With each new gun control law,” noted SAF founder and Executive Vice President Alan M. Gottlieb, “California citizens were assured that the new restrictions were necessary to stop deadly crimes. But the only people to suffer the consequences are law-abiding gun owners and innocent victims.
“The Saugus school shooting should convince any rational person that lawmakers in Sacramento have perpetuated a fraud,” he observed. “They’ve known all along that their gun control agenda was only going to prevent honest citizens from exercising their Second Amendment rights. Criminals, regardless of their age, have never been prevented from committing deadly crimes by California’s extremist gun laws.
Within hours of the school shooting, anti-gun Democrats were renewing their push for so-called “universal background checks” and a ban on so-called “assault weapons,” despite the fact that the alleged teen gunman couldn’t legally have the gun he used, which was a .45-caliber pistol, not a rifle. Continue reading
Constitutional Carry OK in Oklahoma
The National Rifle Association’s Institute for Legislative Action (NRA-ILA) welcomes Oklahoma as the newest constitutional carry state. Constitutional carry, now the law in 16 states across the country, allows law-abiding citizens to carry concealed firearms without first getting government permission to do.
The NRA-backed law, which takes effect Friday, Nov. 1, fully recognizes the constitutional right of law-abiding gun owners to carry a firearm openly or concealed without a permit.
“Government exists for the people, not the other way around. This law honors the right of law-abiding Oklahomans to defend themselves and their loved ones without begging for the government’s permission beforehand,” said Jason Ouimet, executive director, NRA-ILA. “The NRA fights for law-abiding gun owners because we recognize that our freedoms are fundamental and natural, not government-given.”
For nearly 10 years, the NRA has worked closely with the Oklahoma Second Amendment Association to make constitutional carry a reality in Oklahoma.
“After 112 years, constitutional carry returns the fundamental right to self-defense to every law-abiding Oklahoman,” said Don Spencer, president, Oklahoma Second Amendment Association. “By eliminating financial barriers imposed by government permitting schemes, constitutional carry ensures that law-abiding, but economically disadvantaged Oklahomans can always protect themselves in times of crisis.” Continue reading
NRA Supported Case Calls for Suspension of Illinois’s FOID Act
Grassroots Illinois-based Second Amendment organization Guns Save Life filed an important NRA-supported case challenging the very foundations of Illinois gun law. Following an early adverse ruling the group filed an expedited appeal asking the Illinois Supreme Court to put aside the lower court’s ruling and suspend the state’s Firearm Owner’s Identification (FOID) Act. NRA has supported and been involved in this case as they are in cases all over the state. The FOID Act requires law-abiding Illinois citizens to obtain and pay for a license from the State before they are allowed to posses or purchase any firearms and ammunition.
“Law-abiding citizens should not be required to obtain government approval before exercising a constitutionally protected right,” said Chris W. Cox, executive director of NRA’s Institute for Legislative Action.
The case of one Guns Save Life member, mentioned in the organization’s complaint, shows how drastically the FOID Act infringes on that right. In compliance with the Act, the member recently sought to renew his FOID card. But the police denied his application and revoked his card, claiming to have “suddenly” found a battery conviction in his record. The problem is he has no such conviction, and the courts have no record of one. Nevertheless, because he no longer had a FOID card, he was forcibly disarmed.
Yesterday’s motion asks for a temporary restraining order and preliminary injunction to put the Act on hold while litigation is underway.
“Illinois is one of only two states to impose such extreme gun control restrictions upon law-abiding citizens,” continued Cox. “The men and women of the National Rifle Association are pleased to join Guns Save Life in this fight to protect the Second Amendment rights of Illinois gun owners.”
I Want to Purchase a Firearm; How Does This Work?
How long does it take? How does the process work?
For seasoned firearm purchasers, the buying process can be an easy, familiar process but for new buyers the process might seem complicated or overwhelming. Fear not, the process is actually easy and straight forward.
Gun laws, of course, vary by state with a dozen and a half or so states requiring some form of waiting period and other states requiring special licenses or registration of firearms. However, one thing is universally true – when you buy a firearm from a licensed dealer, you must fill out some paperwork and, generally, go through a background check process (sometimes called a “Brady Check”).
One of the most frequent questions I hear from new purchasers at the gun counter, right up there with (and sometimes ahead of) cost and features, is how the process works and how long it takes.
Since most states (including ours) do not have additional waiting periods or extra licensing or registration, we will not address those things here and will, instead, focus on the standard nationwide process. Continue reading
