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.
SAF Sues Georgia County, Judge Asserting Deprivation of Rights
The Second Amendment Foundation and Firearms Policy Coalition today filed suit in federal district court in Georgia, in a case alleging Cherokee County and Probate Court Judge Keith Wood have violated the constitutional rights of citizens by ordering that the county would not accept applications for Weapons Carry Licenses during the coronavirus outbreak.
The case names Georgia Gov. Brian Kemp, Georgia Department of Public Safety Commissioner Gary Vowell, Cherokee County, and Judge Wood, in their official capacities.
SAF and FPC filed the action in U.S. District Court for the Northern District of Georgia, Atlanta Division, on behalf of one of their members, Lisa Walters. According to the 16-page federal complaint, Walters’ husband contacted the probate court several days ago to inquire about her ability to obtain a carry license. The county informed Walters’ husband that the order to not accept license applications will remain in effect.
The case is known as Walters v. Kemp. Plaintiffs are represented by attorney Adam Kraut of Sacramento, Calif., John R. Monroe of Dawsonville, Ga., and Raymond M. DiGuiseppe of Southport, N.C. Continue reading
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.
SAF Rips “Everytown” Anti-Gun Rights Memo Backing Gun Shop Closures
The Second Amendment Foundation today responded to a memorandum issued by ‘Everytown Law,’ an arm of Michael Bloomberg’s Everytown for Gun Safety gun prohibition lobbying group, calling the document “totally biased” and written solely to support the emergency closure of American gun stores, using the COVID-19 crisis as an excuse.
According to the memo, Everytown objects to lawsuits—filed by SAF and other groups—to protect retail firearms stores as “essential businesses” on the grounds that gun rights groups are “seeking…for Second Amendment rights to become super-rights, receiving a level of protection no other constitutional right enjoys.”
“Well I have news for them,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The Second Amendment is a super right. That’s why it’s in our Bill of Rights. It protects all of our other rights.”
The Everytown memo also argues against gun stores being singled out “for special treatment, and be allowed to remain open even in the face of the most severe public-health crisis this country has faced in over 100 years is legally flawed and should be rejected by the courts.”
“The only thing flawed here is Everytown’s memo,” Gottlieb observed. “Constitutional rights are not subject to a public health crisis. Our rights are enshrined in the Constitution to protect them from just this sort of political treachery disguised as legal research. This memo is totally biased and one-sided, and is further proof that they know we are winning this battle.”
For the past two weeks, SAF and other groups have been waging successful legal battles in several states to prevent or reverse gun shop closures, and defend those important local businesses as “essential” during national emergencies, including a pandemic such as the Coronavirus outbreak.
“We’ve been winning,” Gottlieb said, “which means they’re losing. People rushed to gun stores, many for the first time. Everytown wants to stop that by shutting those shops down. Closing gun stores won’t cure the Coronavirus, and they know it. But if Everytown can convince people it’s okay to suspend the Second Amendment during one emergency, they’ll try to erase it entirely the next time we face a crisis. We will not allow that to happen.”