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