Latest SAF ALERTS...This thread is for your information only; no comments/replies, please.

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SAF FILES APPELLATE BRIEF IN CHALLENGE OF ATF RULE ON FRAMES, RECEIVERS​ BELLEVUE, WA – The Second Amendment Foundation and its partners in a challenge of the “Final Rule” issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives redefining frames and receivers as firearms, have filed an appellee’s brief in the case, known as VanDerStok v. Garland. Joining SAF are Defense Distributed, and JSD Supply. They are represented by Houston, Texas attorney Chad Flores. The brief explains how ATF redefined the term “firearm” without any Congressional action. Last year, the agency announced a Rule expanding the definition of firearm to include unfinished firearm components and kits used in the process of manufacturing a firearm. SAF and its partners are asserting ATF violated the Administrative Procedures Act (APA). A federal district court judge agreed and concluded that ATF had acted in excess of its statutory authority, and granted summary judgment. SAF founder and Executive Vice President Alan M. Gottlieb recently promised the organization will pursue this case “vigorously” as it winds through the court system. “This case challenges the authority of the ATF to change rules and definitions of firearms without Congressional authority,” Gottlieb said. “We simply cannot allow any federal agency to make up its own rules as it goes along, without Congressional approval.” SAF Executive Director Adam Kraut said the foundation “expects to prevail on the portions of the Final Rule that we challenged.” “The district court entered a judgment deeming the Rule illegal and vacating it,” Kraut said, “and we are asking the Fifth Circuit to affirm the district court’s decision to issue relief based on the APA. By promulgating the Rule, ATF has appropriated authority reserved for Congress. Such a usurpation of power is antithetical to our system of government and must be stopped.” The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

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2023 GRPC Legal Speakers​ This year’s Gun Rights Policy Conference is less than a month away and the GRPC planning team is proud to announce that you will have the opportunity to hear from a number of the lawyers who are on the leading edge of firearms rights litigation. Some of the confirmed speakers include the following SAF attorneys: Bradley Benbrook - Lead counsel for the lawsuit that successfully challenged California’s fee shifting provision in Second Amendment lawsuits John Dillon - Counsel for lawsuit challenging California’s Assault Weapons Ban (won at trial - now on remand post Bruen), California’s ban on firearms purchases for young adults (18-20-year-olds) and more Chad Flores - Lead counsel for lawsuits challenging ATF’s Final Rule on frames and receivers and ATF’s brace ban Donald Kilmer - Counsel for lawsuits challenging bans on gun shows in California Edward Paltzik - Lead counsel for a challenge to Maryland’s Red Flag Law the inaugural case for SAF’s Capture the Flag initiative and many more! Attendance is free but pre-registration online at the SAF website is strongly encouraged. For those unable to attend, the conference will be available on multiple virtual platforms including YouTube and Facebook. We look forward to seeing you in Phoenix, Arizona on September 22nd - 24th!

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SAF SUES BOSTON POLICE COMMISSIONER OVER CARRY PERMIT PROCESSING DELAYS​ BELLEVUE, WA – The Second Amendment Foundation has filed a lawsuit in U.S. District Court against Boston, Massachusetts Police Commissioner Michael Cox, in his official capacity, over substantial and untenable delays in the police department’s processing of firearms license applications. SAF is joined by the Firearms Policy Coalition, Commonwealth Second Amendment and four private citizens, Leslie Good, Kenley Exume, Robert Cox and Rudolph White. They are represented by attorneys David Jensen, Jensen & Associates in Beacon, N.Y., and Jason A. Guida at Principe & Strasnick in Saugus, Mass. The lawsuit alleges the Boston Police Department’s licensing unit makes gun license applicants “wait for many months before it provides them with appointments” to be fingerprinted in order to complete their applications. The average delay appears to be in excess of six months, which directly delays the commencement of the background check process. According to the lawsuit, at the start of the COVID-19 pandemic in March 2020, the Licensing unit stopped processing or accepting applications for Firearm Identification (FID) cards or Licenses to Carry (LTC). When operations were finally resumed, there was a huge backlog of applicants who were placed on a waiting list, which quickly grew into the thousands. This process took months, and only then could they begin the licensing procedure, for which state law allows a maximum of 40 days. “In 2021 we sued over the delay and the case was ultimately settled at mediation,” recalled SAF founder and Executive Vice President Alan M. Gottlieb. “The wait list was to be eliminated by Oct. 31, 2021. However, this year the Licensing Unit is back to its same old foot dragging, making people wait for months to begin the application process. As a result, we’re back in court to make the department comply with the law.” “There is no plausible explanation for these delays,” said SAF Executive Director Adam Kraut. “We can only conclude the commissioner has adopted a policy or instituted a practice of delaying applications for many months, which amounts to deprivation of rights under color of law. We’re hoping the court provides a quick resolution to this practice and stops it cold.”

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SAF VICTORY: CALIF. CITY SUSPENDS ‘SENSITIVE AREAS’ ENFORCEMENT​ BELLEVUE, WA – The Second Amendment Foundation is celebrating a small but significant victory after the community of Los Gatos, in Santa Clara County, decided to suspend enforcement of an ordinance adopted earlier this year establishing several new “sensitive areas” where legal concealed carry is prohibited. Enforcement of the ordinance was put “on hold” after the law firm of Michel & Associates warned the city it would be sued on constitutional grounds if the new law was enforced. The law firm is representing SAF and the California Rifle & Pistol Association in this effort. “According to published reports,” said SAF founder and Executive Vice President Alan M. Gottlieb, “the town is waiting to see whether litigation against pending state legislation is resolved. That’s fine with us because it means this restrictive ordinance will not be enforced.” Designating areas as “sensitive places” where lawful concealed carry is prohibited is a strategy by gun prohibitionists to get around new guidelines set down in the 2022 Bruen ruling by the U.S. Supreme Court regarding concealed carry in public. “We are already challenging similar restrictions in New York, New Jersey, Maryland, Illinois, and elsewhere in California,” noted SAF Executive Director Adam Kraut. “Such regulations are clearly designed to circumvent the Supreme Court’s edict and we will oppose them wherever they appear. State and municipal governments cannot be allowed to flagrantly thumb their noses at the high court, no matter how much they dislike the right to bear arms.” The ordinance was to have taken effect Sept. 1, but with the threat of litigation, there will be no enforcement of the sensitive areas prohibition at certain locations, including some town property, places of worship and on public transportation. Gottlieb and Kraut consider this an important “first step” in the effort to stop these expansive interpretations of what constitutes a “sensitive place.”

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SAF SUES NM GOV. LUJAN GRISHAM OVER EMERGENCY CARRY BAN​ BELLEVUE, WA – The Second Amendment Foundation has filed a federal lawsuit against New Mexico Gov. Michelle Lujan Grisham and four other officials on the grounds that the governor’s “emergency order’ prohibiting open and concealed carry in Albuquerque and surrounding Bernalillo violates the Second and Fourteenth Amendments of the U.S. Constitution. Joining SAF are the New Mexico Shooting Sports Association, Firearms Policy Coalition and a private citizen, Zachary Fort, who resides in Bernalillo County. They are represented by Jordon George of Aragon Moss George Jenkins, LLP who has also filed a motion for a temporary restraining order and preliminary injunction. The lawsuit and motion were filed in U.S. District Court for the District of New Mexico. In addition to Gov. Lujan Grisham, defendants are Patrick M. Allen, cabinet secretary for the New Mexico Department of Health; Jason R. Bowie, cabinet secretary for the New Mexico Department of Public Safety, and W. Troy Weisler, chief of the New Mexico State Police. They are all sued individually and in their official capacities. “Despite her clams to the contrary,” said SAF founder and Executive Vice President Alan M. Gottlieb, “Gov. Grisham does not have the authority to ‘suspend’ the Second Amendment for an alleged public health emergency or any other reason. Neither do any of the other defendants, nor can they legally enforce such a suspension.” “Evidently,” added SAF Executive Director Adam Kraut, “Gov. Lujan Grisham believes she can disregard the constitution to further her own political views. We’re taking action to stop this unconstitutional exercise of power in its tracks, because it is a flagrant violation of the right of individual citizens to carry firearms in public for personal defense. “Our motion for a temporary restraining order and preliminary injunction will prevent the state from further causing injury to the plaintiffs and other citizens under this unlawful order,” Kraut added.

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CCRKBA is the sister organization of SAF.

CCRKBA: NEW MEXICO GOVERNOR’S ACTION A REMINDER TO VOTE​

Sep 12, 2023 | 0 comments

BELLEVUE, WA – The clearly unconstitutional edict against lawful firearms carry in Albuquerque and surrounding Bernalillo County, N.M. by Democrat Gov. Michelle Lujan Grisham is a stark reminder to all Second Amendment citizens they must register to vote, and then make sure they do vote to keep people with ideas like this out of public office, the Citizens Committee for the Right to Keep and Bear Arms said today.
Gov. Lujan Grisham announced a “public health emergency order” prohibiting open and concealed carry in the city and county, immediately drawing several legal challenges. However, the biggest challenge of all is getting New Mexico gun owners to vote, and if they are not registered at their current address, this should be a priority.

“We need every gun owner in New Mexico to vote in every election, and remember this outrage when they do,” said CCRKBA Managing Director Andrew Gottlieb. “While we are mindful of calls for the governor’s impeachment, gun owners in the state cannot just sit back and expect that to happen. Gov. Lujan Grisham clearly demonstrated her extremist perspective by stating she does not believe any constitutional right ‘is intended to be absolute.’ This kind of thinking may pass muster in a banana republic, but not in the United States.”
Already, the sheriff of Bernalillo County, the Albuquerque police chief and county district attorney have declared they will not enforce the governor’s order. Published reports indicate Lujan Grisham knows responsible gun owners are not the problem and have never been the problem. Yet she took this extreme measure, anyway, resulting in criticism from members of her own party, and even gun control zealot David Hogg.

“There is no way Gov. Lujan Grisham’s order can withstand constitutional scrutiny,” noted CCRKBA Chairman Alan Gottlieb. “Nevertheless, New Mexico voters must make her own this if she runs for re-election in 2026. In the meantime, voters can penalize her party with their votes next year, same as Democrats have been penalizing gun owners for decades, for crimes they didn’t commit. This would be karma in its purest form.”

 

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SAF SUES CALIFORNIA OVER ‘SENSITIVE PLACES’ LEGISLATION​ BELLEVUE, WA – The Second Amendment Foundation has filed a federal lawsuit in California seeking declaratory and injunctive relief from the freshly inked Senate Bill 2 (SB 2), which makes nearly every public place in the state a “sensitive place” and forbids the carrying of firearms even by citizens who have gone through the lengthy and expensive process of obtaining a concealed handgun license. SAF is joined by Gun Owners of America, Gun Owners Foundation, Gun Owners of California, the California Rifle & Pistol Association and eleven private citizens. Named as Defendant is California Attorney General Rob Bonta. The lawsuit was filed in U.S. District Court for the Central District of California, Southern Division. Plaintiffs are represented by attorneys C.D. Michel, Sean A. Brady and Konstadinos T. Moros at Michel & Associates in Long Beach, and Donald Kilmer, Law Offices of Don Kilmer, Caldwell, Idaho. “SB 2 is designed to frustrate and ultimately discourage individuals from exercising their right to bear arms by creating a patchwork of locations where Second Amendment rights may, or may not, be exercised,” noted SAF Executive Director Adam Kraut. “That is not how constitutional rights work. SAF is happy to add California to the list of states that we have sued for adopting so-called ‘Bruen Response Bills’ that make it impractical, if not impossible for people to exercise their rights by essentially making carry permits useless.” “Under SB 2,” said SAF founder and Executive Vice President Alan M. Gottlieb, “legally armed California citizens might be able to carry on some streets and sidewalks, and in a few private businesses that post signs allowing legal carry on their premises. Overall, however, SB 2 is a massive prohibition on legal carry throughout the Golden State, which runs counter to what the U.S. Supreme Court said in its Bruen ruling last year, and which Gov. Gavin Newsom and anti-gun-rights state lawmakers are desperately trying to get around.” “The right to keep and especially bear arms is under direct attack via SB 2,” Kraut observed. “California continues its trend of ignoring rights safeguarded by the Constitution. Such disregard cannot be allowed to go unchallenged.” The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

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SAF WINS 1ST AMENDMENT CASE AGAINST CALIF. GUN ADVERTISING LAW​ BELLEVUE, WA – The Second Amendment Foundation has scored an important First Amendment victory before a federal appeals court panel in San Francisco which unanimously reversed a lower court’s denial of a preliminary injunction in a challenge of California’s law prohibiting advertising of firearms products in a way that may appeal to minors. At issue is California Business and Professions Code § 22949.80, which prohibits advertising of any “firearm-related product in a manner that is designed, intended, or reasonably appears to be attractive to minors.” Writing for the three-judge panel, District Judge Kenneth K. Lee noted, “California has many tools to address unlawful firearm use and violence among the state’s youth. But it cannot ban truthful ads about lawful firearm use among adults and minors unless it can show that such an intrusion into the First Amendment will significantly further the state’s interest in curtailing unlawful and violent use of firearms by minors. “But given that California allows minors to use firearms under adult supervision for hunting, shooting, and other lawful activities,” he continued, “California’s law does not significantly advance its purported goals and is more extensive than necessary. In sum, we hold that (the statute) is likely unconstitutional under the First Amendment...” Elsewhere, the judge observed, “In short, there are good reasons to believe the First Amendment subjects viewpoint-discriminatory commercial speech restrictions to strict scrutiny. “ “Just because politicians in California don’t agree with our pro-gun viewpoint, they have no right to gag us,” noted SAF founder and Executive Vice President Alan M. Gottlieb. “California has some of the strictest gun laws in the country regulating the exercise of the Second Amendment,” added SAF Executive Director Adam Kraut, “but this case shows how the state is determined to regulate the First Amendment as well. Thankfully, the appeals court has drawn the line.” SAF was joined by Junior Sports Magazines, Inc., the California Youth Shooting Sports Association, Redlands California Youth Clay Shooting Sports, California Rifle & Pistol Association, the CRPA Foundation, Gun Owners of California, and Raymond Brown. They are represented by attorneys Anna M. Barvir and Carl D. Michel of Long Beach, Calif., and Donald Kilmer of Caldwell, Idaho. The case is known as Junior Sports Magazines v. Bonta. The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

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COURT GRANTS TRO IN SAF NEW MEXICO GUN RIGHTS LAWSUIT​ BELLEVUE, WA – A federal judge has granted a temporary restraining order in a Second Amendment Foundation challenge of New Mexico Gov. Michelle Lujan Grisham’s Sept. 8 edict suspending the constitutionally-protected right to bear arms, in Albuquerque and surrounding Bernalillo County. District Judge David H. Urias issued the TRO, which extends to Oct. 3, when a hearing on the preliminary injunction request will be held. The TRO was effective immediately. SAF is joined in this action by the New Mexico Shooting Sports Association, Firearms Policy Coalition and a private citizen, Zachary Fort, who resides in Bernalillo County. They are represented by Jordon George of Aragon Moss George Jenkins, LLP. The lawsuit and motion for the TRO were filed in U.S. District Court for the District of New Mexico. In addition to Gov. Lujan Grisham, defendants in the lawsuit are Patrick M. Allen, cabinet secretary for the New Mexico Department of Health; Jason R. Bowie, cabinet secretary for the New Mexico Department of Public Safety, and W. Troy Weisler, chief of the New Mexico State Police. “We are delighted that the court wasted no time in clamping down on Gov. Lujan Grisham’s clearly unconstitutional suspension of Second Amendment rights,” said SAF founder and Executive Vice President Alan M. Gottlieb. “No governor has the authority to arbitrarily deny constitutional rights, especially on the flimsy argument this is a public health emergency.” Lujan Grisham ignited a firestorm with her order, which the local sheriff, police chief and district attorney all refused to enforce. It has also gotten her in hot water with other Democrats. “It should be no surprise that Governor Grisham’s order was subjected to a temporary restraining order,” said Adam Kraut, SAF’s Executive Director. “The order was so patently unconstitutional, even gun control advocates have been distancing themselves from her actions. We look forward to prevailing in this case as it continues.” \ The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

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SAF SUPPORTS SENATORS SEEKING DOJ INTERVENTION IN NEW MEXICO​ BELLEVUE, WA – The Second Amendment Foundation supports an official request by six United States Senators that U.S. Attorney General Merrick Garland and the Department of Justice act swiftly and take legal action against New Mexico Gov. Michelle Lujan Grisham’s unconstitutional edict suspending Second Amendment rights in Albuquerque and Bernalillo County. “Attorney General Garland should have acted immediately when Gov. Lujan Grisham announced her order last week,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Instead, Garland and the DOJ have remained silent while gun rights organizations, including SAF, had to carry their water by suing to protect the constitutional rights of American citizens. It was us, not Garland and the DOJ, who went to federal court and obtained a temporary restraining order against the governor, and the American public should be asking why. “The fact that Garland and the Biden DOJ have not taken any action is proof positive that Joe Biden has not upheld his oath of office,” Gottlieb continued. “Furthermore, Garland’s obvious hands-off reaction to the governor’s outrageous direct attack on the Second Amendment clearly illustrates why he was not confirmed by the Senate to serve on the U.S. Supreme Court.” In a letter to Garland Wednesday, Senators Lindsey Graham, Thom Tillis, Jon Cornyn, Tom Cotton, John Kennedy and Marsha Blackburn stated, “By preventing certain New Mexicans from exercising their constitutional rights to carry a handgun for self-defense outside the home, Governor Grisham is violating the Second Amendment, the Fourteenth Amendment, and Article IV of the Constitution. This is a chilling action, and it is imperative that your Department act immediately to show that this kind of unconstitutional abuse will not be tolerated in New Mexico or anywhere else in the United States.” “Attorney General Garland and the DOJ have been AWOL since this disgraceful episode erupted a week ago,” SAF Executive Director Adam Kraut observed. “There is no small irony in the fact that SAF and other gun rights organizations have once again had to defend the constitution while Garland and his boss have been so busy trying to erode it.” The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing, and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

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SAF, GOTTLIEB SHIFT CIVIL RIGHTS LAWSUIT v. FERGUSON TO STATE COURT​ BELLEVUE, WA – The Second Amendment Foundation and founder Alan Gottlieb have moved their civil rights lawsuit against Washington Attorney General Bob Ferguson from federal court to Washington State court in a move the plaintiffs hope will bring a speedier resolution to their case. “We believe we will do better in the state courts, considering Ferguson’s loss before the state Supreme Court earlier this year in the long running Value Village case,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The state high court ruled unanimously that Ferguson’s office ‘improperly used Washington Consumer Protection and Charitable Solicitations Acts to suppress constitutionally protected speech with which he disagreed.’ “On the other hand,” he recalled, “we won unanimously before the state Supreme Court in our lawsuit against the City of Edmonds for violating Washington State’s long standing firearms preemption law. That was a legal action Ferguson’s office should have taken, but because of his clearly established anti-gun sentiments, the job of protecting Washington law fell to SAF.” Joining the lawsuit is the Citizens Committee for the Right to Keep and Bear Arms, SAF’s sister organization for which Gottlieb serves as chairman. Additional plaintiffs include the Center for the Defense of Free Enterprise, the Service Bureau Association, Merril Mail Marketing and Liberty Park Press. They are represented by attorneys Steven W. Fogg and Jack M. Lovejoy at Corr Cronin LLP in Seattle. In addition to Ferguson, the lawsuit also names three assistant AGs assigned to the Consumer Protection Division. All are being sued individually and in their official capacities. The lawsuit came after the Consumer Protection Division of the Attorney General’s office carried out an expansive and highly intrusive probe into the private affairs of SAF, CCRKBA, CDFE, SBA, LPP, MMM, Gottlieb and his family. It has served Civil Investigative Demands (“CIDs”) on each of the plaintiffs, including two on Gottlieb, citing the same consumer protection laws which the state Supreme Court ruled Ferguson and his office had abused in the Value Village case. “After much deliberation, we felt it was best to move this lawsuit to state court where the Washington Attorney General has already been held to account for abusing his office’s authority,” said SAF Executive Director Adam Kraut. “SAF has, and continues to, cooperate with the Attorney General’s Office by providing requested information, offering employees for depositions, and delivering updated documents before they are requested. We are ambivalent that the Washington Courts will put a swift end to the Attorney General’s continuing undue harassment stemming from his seeming desire to score cheap political points by copying one of his colleague’s tactics to bolster his otherwise unimpressive resume for his gubernatorial bid.” The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

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CCRKBA is the sister organization of SAF.

CCRKBA RIPS GUN PROHIBITION LOBBY FOR IGNORING ‘GOOD GUY’ INCIDENTS​

Sep 18, 2023 | 0 comments

BELLEVUE, WA – The Citizens Committee for the Right to Keep and Bear Arms says the gun prohibition lobby has once again lost all credibility for not recognizing the importance of armed self-defense by private citizens, because such cases do not support their anti-gun narrative.

“A perfect illustration happened a few days ago when a Georgia man shot an Ohio murder suspect during a home invasion in Fayette County,” noted CCRKBA Chairman Alan Gottlieb. “Such incidents provide proof that guns are used effectively by private citizens in self-defense situations, which the gun prohibition lobby repeatedly argues is a rarity. Research suggests that armed citizens use firearms in self-defense up to 1.7 million times a year.

“The gun ban lobby doesn’t want the public to know this,” he mused, “which should raise questions about what else they are hiding.”
The Georgia incident underscores the importance of an armed public, and the right of self-defense, which the gun prohibition lobby steadfastly ignores, or tries to downplay, said Gottlieb, co-author of “Good Guys with Guns.” The suspect, identified as Michael James Brooks II, was wanted in connection with the stabbing death of 77-year-old Emily Foster in Columbus, Ohio. He was also wanted for a carjacking in Ohio. The stolen vehicle was found outside the Georgia home where he was shot.

“Gun prohibitionists tend to favor leniency toward criminal suspects,” Gottlieb observed, “which only encourages more violent behavior when criminals figure out the legal system isn’t going to hold them accountable. Anti-gunners are quick to demand more gun controls to penalize law-abiding citizens every time some criminal misuses a firearm, rather than placing the blame solely on the perpetrator.
“When Elisjsha Dicken heroically killed a would-be mass shooter at a shopping mall in Indiana last year,” Gottlieb recalled, “the gun ban crowd was totally silent. Likewise, when armed citizens stopped a Texas church shooting in 2019, we heard nothing from anti-gunners. This scenario is repeated every time a private citizen acts legally and decisively in a life-threatening situation. After all, the gun prohibition lobby likes to justify every one of their extremist schemes by saying ‘if it saves just one life, it’s worth it.’ That logic runs both ways. If armed self-defense or intervention saves just one life, isn’t that also worthwhile? We’ll wait for an answer.”

 

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SAF FILES REPLY BRIEF IN CHALLENGE OF DELAWARE GUN, MAGAZINE BAN​ BELLEVUE, WA — Attorneys representing the Second Amendment Foundation and its partners in a challenge of Delaware’s ban on so-called “assault weapons” and “large capacity magazines” have filed a reply brief with the U.S. Third District Court of Appeals in a consolidation of cases. SAF is involved in two of the three cases, known as Graham v. Jennings and Gray v. Jennings. SAF is joined by the Firearms Policy Coalition, DJJAMS LLC and individual citizens Owen Stevens and Christopher Graham, William Taylor, and Gabriel Gray. They are represented by attorneys Bradley P. Lehman at Gellert Scali Busenkell & Brown in Wilmington, Del., and David H. Thompson, Peter A. Patterson and William Bergstrom at Cooper & Kirk in Washington, D.C. In their brief, SAF and its fellow plaintiffs tell the court that Delaware’s law banning firearms and ammunition magazines, which are possessed by millions of Americans, is “flagrantly unconstitutional.” “Under binding Supreme Court precedent, the law-abiding citizens of this country have an absolute right to possess arms that are in common use,” stated SAF founder and Executive Vice President Alan M. Gottlieb. “Arms possessed by millions of citizens easily meet that description.” “So long as the Delaware ban remains in effect,” noted SAF Executive Director Adam Kraut, “people in that state are unable to fully exercise their Second Amendment rights. Delaware’s ban on magazines that can hold more than 17 rounds arbitrarily sets a limit to what the Legislature believes is ‘enough’ for self-defense. Unfortunately for the Legislature, the Second Amendment protects ‘all instruments that constitute bearable arms,’ and that not only applies to the magazines at issue, but the so-called ‘assault weapons’ as well. We look forward to vindicating the rights of Delawareans through our legal action.”

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CCRKBA is the sister organization of SAF.

CCRKBA CHAIR ‘APPALLED’ GUN GRABBERS WILL BE ON WHITE HOUSE PAYROLL​

Sep 20, 2023 | 0 comments

BELLEVUE, WA – The announcement that President Joe Biden will launch a White House “Office of Gun Violence Prevention” led by gun control proponents brought a scathing reaction from the head of one of the nation’s top grassroots gun rights organizations.
Alan Gottlieb, chairman of the 650,000-member Citizens Committee for the Right to Keep and Bear Arms, was quick to respond.

“I am appalled that Joe Biden is putting the gun prohibition lobby on the White House payroll,” Gottlieb said. “I know that many pro-gun rights members of Congress are working on legislation to prohibit funding for this obnoxious scheme.

“I wonder,” he mused, “how much of their time will be spent keeping guns out of Hunter Biden’s hands now that he has been indicted on gun charges?”

Gottlieb will be hosting this weekend’s 38th annual Gun Rights Policy Conference in Phoenix, Arizona. The event begins on Friday, ironically the same day President Biden is expected to announce this new gun control office. Reports in the national media say the effort will involve White House Staff Secretary Stefanie Feldman, who is described as “a longtime Biden aide with expertise on firearms issues.” Also reportedly on board are other gun control proponents including Greg Jackson, executive director of the Community Justice Action Fund, and Rob Wilcox, senior director for federal government affairs at Everytown for Gun Safety, according to a story in the Washington Post.

The Gun Rights Conference is co-sponsored by the Citizens Committee and the Second Amendment Foundation. It is typically attended by hundreds of grassroots gun rights activists from across the country, and also by many of the nation’s leading Second Amendment advocates.

Gottlieb noted the ironic timing of Biden’s upcoming announcement.

“As if we don’t already have a full agenda thanks to his anti-gun-rights policies,” Gottlieb quipped, “Joe Biden is definitely giving us something else to discuss this weekend.”

 

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LIVE STREAM The 2023 Gun Rights Policy Conference starts next Saturday, September 23rd in Phoenix, Arizona at 8 AM local time! While we would love to have you all join us in-person next weekend, we understand that is not possible for everyone. However, you don’t need to miss out on the amazing speaker line up that is scheduled. You can livestream the event right from the comfort of your own home on Facebook or YouTube and hear from many of the leaders in the Second Amendment community! Speakers include: Chuck Michel - President of California Rifle and Pistol Association Dr. John Lott - President of the Crime Prevention Research Center Mark Smith - YouTube’s Four Boxes Diner John Correia - Founder of Active Self Protection Tom Gresham - GunTalk Radio Tom Taylor - Sig Sauer and many more! We look forward to having you join us digitally for what is sure to be an exciting weekend of all things Second Amendment! For more information related to GRPC click here.

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Sharing is caring! Be sure to let your friends and family know about the 2023 GRPC livestream so they don’t miss out! The further we can spread education and awareness of Second Amendment issues, progress, and obstacles, the more successful the community will be in defending, restoring, and expanding our Right to Keep and Bear Arms!

 

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SAF CHEERS RULING OVERTURNING CAL. MAG BAN; WILL AFFECT OTHER STATES​ BELLEVUE, WA — The Second Amendment Foundation is cheering Friday’s 71-page ruling by a federal district court judge striking down, for the second time, California’s ban on so-called “high-capacity magazines,” and suggests this will affect similar ban in other states. U.S. District Judge Roger Benitez handed down the 71-page ruling, noting in his decision, “Removable firearm magazines of all sizes are necessary components of semiautomatic firearms. Therefore, magazines come within the text of the constitutional declaration that the right to keep and bear arms shall not be infringed. Because millions of removable firearm magazines able to hold between 10 and 30 rounds are commonly owned by law-abiding citizens for lawful purposes, including self-defense, and because they are reasonably related to service in the militia, the magazines are presumptively within the protection of the Second Amendment. There is no American history or tradition of regulating firearms based on the number of rounds they can shoot, or of regulating the amount of ammunition that can be kept and carried.” “We are delighted with this ruling,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The decision affects Washington Attorney General Bob Ferguson’s defense against a lawsuit challenging a similar ban in his state, which is also in the Ninth Circuit, as well as bans in other states. Ultimately, we expect this issue will have to be decided by the U.S. Supreme Court.” As explained by Judge Benitez, “Because the State did not succeed in justifying its sweeping ban and dispossession mandate with a relevantly similar historical analogue, California Penal Code § 32310, as amended by Proposition 63, is hereby declared to be unconstitutional in its entirety and shall be enjoined.” “This is the second time California has tried to defend this ban,” noted SAF Executive Director Adam Kraut, “and the second time Judge Benitez has ruled against the statute. California clearly does not get the message about the Second Amendment.” The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

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FEDERAL JUDGE GRANTS PARTIAL INJUNCTION IN MARYLAND CASE​ BELLEVUE, WA – A U.S. District Court judge in Maryland has granted in part a motion for a preliminary injunction in two cases—including one involving the Second Amendment Foundation—challenging Maryland’s “sensitive places” law, which is supposed to take effect Sunday. The case, known as Novotny v. Moore, was filed earlier this year against the law, which places broad restrictions on where a legally-licensed private citizen may carry a firearm for personal protection. The decision by Judge George L. Russell, III consolidates the Novotny case with another action known as Kipke v. Moore. Under the judge’s order, Maryland is enjoined from enforcing laws restricting the carrying of firearms in locations selling alcohol, private buildings or property without the owner’s consent, and within 1,000 feet of a public demonstration. However, he left intact the prohibitions on carry in health care facilities, school grounds, government buildings, museums, state parks and state forests, casinos, mass transit facilities, stadiums, racetracks, and amusement parks. “This is certainly a good sign from the court,” said SAF Executive Director Adam Kraut. “We look forward to pursuing this case to a favorable conclusion.” “We’re encouraged by Judge Russell’s order,” added SAF founder and Executive Vice President Alan M. Gottlieb. “Maryland is one of a handful of states that have adopted new statutes designed specifically to get around the U.S. Supreme Court’s ruling in the 2022 Bruen case, by spreading a very wide blanket over areas where lawful concealed carry is prohibited. This is a signal that sort of legislative waltzing is in trouble.” SAF is joined in the case by Maryland Shall Issue, the Firearms Policy Coalition and three private citizens, all of whom possess “wear and carry permits,” including Susan Burke of Reisterstown, Esther Rossberg of Baltimore, and Katherine Novotny of Aberdeen, for whom the lawsuit is named. They are represented by attorneys David H. Thompson and Peter A. Patterson at Cooper & Kirk in Washington, D.C., Mark W. Pennak at Maryland Shall Issue in Baltimore, and Matthew Larosiere from Lake Worth, Fla.

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SAF FILES BRIEF SUPPORTING MOTION FOR P.I. IN CA GUN LAW CHALLENGE​ BELLEVUE, WA – Attorneys representing the Second Amendment Foundation and its partners in a lawsuit challenging newly-signed California Senate Bill 2—a gun control measure designed to make it impossible to legally carry firearms in most places—have filed a brief supporting their motion for a preliminary injunction. SAF is joined in the case by Gun Owners of America, Gun Owners Foundation, California Rifle & Pistol Association, Gun Owners of California, the Liberal Gun Club and nine individuals. The case is known as May v. Bonta. The “Memorandum of Points and Authorities” was filed in U.S. District Court for the Central District of California, Southern Division. They are represented by attorneys Chuck Michel, Michel & Associates, and Don Kilmer, Law Offices of Don Kilmer. In their brief, the plaintiffs argue, “California is defying the U.S. Supreme Court’s findings and order that the Second Amendment includes a right to carry arms in public for self-defense. The state has passed laws with unprecedented restrictions curtailing where that right may be exercised. These atextual, ahistorical, and unconstitutional restrictions serve to constrict the right of bearing of arms in public into a mere parchment guarantee that effectively nullifies the right. California has hijacked the Supreme Court’s “sensitive places” dicta to impose criminal penalties on almost all instances of the peaceable, public carry of firearms.” “California is trying to dance around the Supreme Court’s Bruen ruling in the same manner that lawmakers in New York, New Jersey and a few other states have attempted,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The new law simply makes it virtually impossible to carry anywhere outside the home. The state cannot be allowed to get away with this.” “The State of California is playing a game of chicken with the Supreme Court,” added SAF Executive Director Adam Kraut. “Ignoring Bruen’s directive, California has chosen to expand areas it deems to be a ‘sensitive place’ to encompass locations that lack any modicum of historical evidence showing that such would have been acceptable at the time of the Founding. We expect to prevail in this action.”

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SAF SUBMITS SCOTUS AMICUS BRIEF IN TEXAS GUN RIGHTS CASE​

BELLEVUE, WA – The Second Amendment Foundation has submitted an amicus brief to the U.S. Supreme Court in a complicated case known as United States v. Rahimi challenging a civil restraining order disarmament provision. The brief relies on last year’s ruling in New York State Rifle & Pistol Association v. Bruen to argue that the total disarmament is not analogous to the Founding era regulations, calling into question the constitutionality of such provisions.

SAF’s interest in this case is based on the fact that many firearms owners in this country suddenly find themselves subject to civil restraining orders, which deny them their fundamental constitutional right to keep and bear arms in a manner that does not comport with the Second Amendment’s text, as informed by history.

“As our brief explains,” noted SAF Executive Director Adam Kraut, “laws mandating total disarmament, in the relevant historical period, were related to disarming loyalists to preserve the integrity of our newly-formed government. The current federal law governing how gun owners’ rights are treated in relation to civil restraining orders lacks any well-established historical analogue.”

Historically, at the time of the Founding, any laws that disarmed an entire category of people were limited to those individuals who remained loyal to the crown because they posed a threat to the success of the patriot cause in the Revolutionary War. Many of these people were literally considered to be enemy combatants and the total disarmament was viewed in the context of a war and the survival of a fledgling nation. Today’s laws that disarm private citizens subject to civil restraining orders must be considered in a peacetime context, where national security is not an issue.

“Our specific interest in this case focuses solely on current laws and how they may, or may not, comport with historic precedent from the Founding era,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Under Bruen, the government must affirmatively prove that its firearm regulation is part of the historical tradition that delimits the outer bounds of the right to keep and bear arms.”

SAF is represented by attorneys Edward A. Paltzik and Meredith Lloyd of Bochner PLLC in New York.

 

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SAF RECOGNIZES ROBERT COTTROL AS ‘SCHOLAR OF THE YEAR’​ The Second Amendment Foundation has honored George Washington University professor and author Robert Cottrol, Ph.D. with its prestigious “Scholar of the Year” award…read more.

SAF HONORS DAN MITCHELL WITH DISTINGUISHED SERVICE AWARD​ The Second Amendment Foundation has honored Washington State firearms retailer and gun rights activist Dan Mitchell, proprietor at Vancouver’s Sporting Systems, with its annual “Distinguished Service” award…read more.

SAF HONORS GLENN REYNOLDS AS 2023 ‘DEFENDER OF CONSTITUTION’​ Glenn Harlan Reynolds, described in a biography as “one of the most prolific scholars on the University of Tennessee faculty,” is being honored by the Second Amendment Foundation with the 2023 “Defender of the Constitution” Award…read more.

SAF HONORS ATTORNEY MARK BARNES WITH 2023 GLOBAL LEADERSHIP AWARD​ Mark Barnes, a well-known attorney in the firearms community with national and international connections, has been recognized for his efforts by the Second Amendment Foundation, which honored him with the Global Leadership Award for 2023…read more.

SAF RECOGNIZES ATTORNEY MARK SMITH AS ‘RAY CARTER BLOGGER OF THE YEAR’​ The Second Amendment Foundation has honored constitutional attorney Mark Smith, host of the “ Four Boxes Diner ” podcast and New York Times bestselling author, as the recipient of this year’s “Ray Carter Blogger of the Year” award in recognition of his energetic work explaining and defending the right to keep and bear arms…read more.

 

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SAF VICTORY: FED. JUDGE DECLARES CALIFORNIA SEMI-AUTO BAN UNCONSTITUTIONAL​ BELLEVUE, WA – The Second Amendment Foundation is celebrating a victory in California as a U.S. District Court judge has declared the state’s decades-old ban on so-called “assault weapons” to be unconstitutional. Federal Judge Roger T. Benitez’ ruling will almost certainly be appealed to the Ninth U.S. Court of Appeals in San Francisco, but for the moment, SAF and its partners in the lawsuit known as Miller v. Bonta are celebrating a victory. SAF is joined in the case by the San Diego County Gun Owners Political Action Committee, California Gun Rights Foundation, Firearms Policy Coalition and four private citizens, including James Miller, for whom the case is named. They are represented by attorneys George M. Lee at Seiler Epstein, LLP and John W. Dillon at the Dillon Law Group, APC. In his 79-page decision, Judge Benitez writes, “Falling back on an old, recycled justification, the State says that its ban should stand because a person can have as many other rifles, shotguns, and pistols as one wants…Heller demolished that argument. The same argument – that a handgun ban might be justified because government- approved alternatives are available – was rejected in Heller and it is rejected here. Heller said quite clearly that it is no constitutional answer for government to say that it is permissible to ban some guns so long as other guns are allowed. This is not the way American Constitutional rights work. It is not permissible for a state to ban some books simply because there are other books to read, or to close synagogues because churches and mosques are open. In their normal configurations, the so-called “assault weapons” banned in California are modern firearms commonly-owned by law-abiding citizens for lawful purposes across the nation. Under Heller, McDonald, Caetano, and Bruen, they may not be banned.” “We’ve known all along the state ban could not hold up under constitutional scrutiny,” said SAF founder and Executive Vice President Alan M. Gottlieb, “and we were encouraged by last year’s Supreme Court ruling in the Bruen case, which rejected the notion of ‘interest balancing’ when it comes to Second Amendment challenges. Judge Benitez came down on the side of the Constitution and history.” “Judge Benitez has once again affirmed what we have argued since the beginning of this case,” SAF Executive Director Adam Kraut stated. “California’s ban on so-called ‘assault weapons’ is, and always has been, unconstitutional. Despite the Supreme Court’s clear directive as to how these challenges are to be examined, the State of California did everything conceivable in an attempt to interject interest-balancing into the analysis. The Court, as required, ignored these attempts and correctly concluded that based on the text of the Second Amendment, as informed by this nation’s history and tradition, such arms are constitutionally protected. We are pleased with the Court’s decision and are proud to have vindicated the rights of millions of Californians.”

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YOUR WEEKLY UPDATE ON EVERYTHING SAF RELATED​

SAF VICTORY!​ FED. JUDGE DECLARES CAL. SEMI-AUTO BAN UNCONSTITUTIONAL​ The Second Amendment Foundation is celebrating a victory in California as a U.S. District Court judge has declared the state’s decades-old ban on so-called “assault weapons” to be unconstitutional. Read more…

SAF UNVEILS NEW, IMPROVED WEBSITE​ The Second Amendment Foundation (SAF) has unveiled a redesign of its website, saf.org, which significantly increases functionality and vastly improves the user experience. In addition to an overall improved page flow and updated look, the new design provides visitors quick access to detailed information and educational programs. Read more…

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SAF NEWS​

SAF FILES OPPOSITION BRIEF TO BONTA MOTION FOR SUMMARY JUDGEMENT The Second Amendment Foundation has filed its opposition to a motion by California Attorney General Rob Bonta for summary judgment in a December 2020 case challenging the state’s one-handgun-per-month limit. The case is known as Nguyen v. Bonta. Read more… SAF’S DAVE WORKMAN NAMED TO ‘JOE TARTARO HALL OF FAME’ Dave Workman, veteran journalist and editor-in-chief of The Gun Mag.com—the Second Amendment Foundation’s official firearms news publication—has been named to SAF’s Joseph P. Tartaro Hall of Fame. The award was given during the recent Gun Rights Policy Conference. Read more… SAF SAYS CALIFORNIA GUN BAN RULING SHOULD AFFECT WASHINGTON LAW Thursday’s ruling by U.S. District Judge Roger T. Benitez, which struck down California’s ban on so-called “assault weapons” should have a direct impact on a similar ban in Washington, because both states are in the U.S. Ninth Circuit Court, the Second Amendment Foundation says. Read more…

Did you know that you may be able to double the impact of your generous donation to SAF? Check out our latest program - Double the Donation - to see if your employer will match your contribution and double the impact to help secure, restore and expand your Second Amendment rights. Visit the Matching Gifts page to find out if your employer participates.

 

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SAF VICTORY: FEDERAL JUDGE GRANTS PRELIMINARY INJUNCTION IN SAF GUN SHOW CASE​

BELLEVUE, WA – A federal judge in California has granted a preliminary injunction in a Second Amendment Foundation challenge of two California statutes prohibiting gun shows at the Orange County Fairgrounds and on state-owned property, while denying a requested stay to allow the state time to file an appeal.

“This a huge victory for both the First and Second Amendments,” said SAF founder and Executive Vice President Alan M. Gottlieb. “We believe the court has sent a clear message to the State of California, Governor Gavin Newsom and Attorney General Rob Bonta that the constitution trumps their personal animus toward gun owners and the Second Amendment.”

He was joined by SAF Executive Director Adam Kraut, who observed, “It is refreshing to see a California court correctly apply the law in a challenge that involves firearms. Judge Holcomb’s opinion catalogues the unconstitutionality of California’s law in an exacting manner, finding it violates the First and Second Amendments, as well as the Equal Protection Clause of the Fourteenth Amendment. The State’s attempt to ban gun shows on state property could not rightfully withstand constitutional scrutiny and we are pleased with the Court’s decision.”

In his opinion, U.S. District Judge John W. Holcomb wrote, “Here, the Court finds sufficient evidence that SB 264 and SB 915 have a viewpoint-discriminatory purpose. Legislative history shows that the goal of the two statutes is to end gun shows in California, and, while the opinions and statements of legislators are not dispositive of viewpoint discrimination…those statements are circumstantial evidence that the statutes disfavor the lawful commercial speech of firearm vendors.”

SAF is joined in the case by B&L Productions (Crossroads of the West), the California Rifle & Pistol Association, Asian Pacific American Gun Owners Association, the Second Amendment Law Center and four private citizens. They are represented attorneys Don Kilmer in Idaho and C.D. Michel, Anna M. Barvir and Tiffany D. Cheuvront at Michel & Associates in California.

 

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YOUR WEEKLY UPDATE ON EVERYTHING SAF RELATED​

SAF VICTORY SAF VICTORY: FEDERAL JUDGE GRANTS PRELIMINARY INJUNCTION IN SAF GUN SHOW CASE A federal judge in California has granted a preliminary injunction in a SAF challenge of two California statutes prohibiting gun shows at the Orange County Fairgrounds and on state-owned property, while denying a requested stay to allow the state time to file an appeal. Read more…

SAF NEWS CALIFORNIA INJUNCTION BREAKDOWN SAF Projects Manager, Bill Sack, highlights California gun show case details

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SAF: NEW MAINE REVELATIONS SHOW AUTHORITIES FAILED THE PUBLIC New revelations in the aftermath of the mass shooting which took 18 lives in Maine provide growing evidence authorities failed when they might have prevented the deadly attack, the Second Amendment Foundation is noting, while criticizing calls for a slate of new, restrictive gun control laws. Read more… SAF RIPS MASSACHUSETTS HIGH SCHOOL OVER GUN ‘TOWN HALL’ EVENT The Second Amendment Foundation is calling a visit by Democrat Congresswoman Katherine Clark to a Massachusetts high school earlier this week a “partisan effort to indoctrinate students toward voting for anti-gun-rights politicians.” Read more… SAF CITES WARNING SIGNS, GUN-FREE POSTING IN MAINE MAYHEM The Second Amendment Foundation contends there were significant warning signs which should have prevented the suspected mass killer in Lewiston, Maine, from having a firearm, and also notes the places where two fatal attacks occurred were essentially “gun-free zones,” making them easy targets. Read more…

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SAF WEEKLY UPDATE​ SAF VICTORY! FIFTH CIRCUIT COURT SAYS ATF’S FINAL RULE ON RECEIVERS IS ILLEGAL A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has ruled unanimously that the Final Rule promulgated by the Bureau of Alcohol, Tobacco, Firearms and Explosives on firearms receivers is illegal, and has remanded the case back to the district court for reconsideration. Read more…

SAF NEWS SAF AMICUS BRIEF SUPPORTS CHALLENGE OF HAWAII ‘SENSITIVE PLACES’ LAW The Second Amendment Foundation has filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit supporting the challenge of Hawaii’s “sensitive places” statute, which places broad prohibitions on where legally armed private citizens may carry firearms for personal protection. Read more… ILLINOIS ASSAULT WEAPONS BAN UPDATE Recently, the 7th Circuit vacated the preliminary injunction in SAF’s challenge to Illinois’ AWB and ban on standard capacity magazines. Take a minute to listen to Bill Sack bring you up to speed on what you need to know in Harrel v. Raoul.

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SAF FILES RESPONSE BRIEF IN CHALLENGE TO PA SHERIFF’S WARRANTLESS SEARCHES Attorneys representing the Second Amendment Foundation and its partners in a challenge to the Montgomery County Sheriff’s effort to conduct warrantless searches and seizures from licensed firearms retailers in the county have filed a brief in response to objections by the defendants, in support of an application for summary relief. Read more…

FEELING THIRSTY?​ If you’re looking to have a drink this weekend, why not support SAF in the process? 2A Bourbon donates $2 of every bottle sold back to SAF. So kick back, enjoy an Old Fashioned and support a great cause all in one glass! Learn more

INVESTIGATIVE JOURNALISM PROJECT​ The Bureau of Alcohol, Tobacco, Firearms and Explosives will set a record this year. ATF agents have already put more gun dealers out of business than ever before, and there are still two months left. Read more

CASE OF THE WEEK SCHMIDT v. PARIS On May 22, 2023, Montgomery County Sheriff Kilkenny, working in conjunction with CeaseFire PA, announced that he would begin conducting inspections of county firearms dealers to ensure compliance with Pennsylvania law. These inspections would require that dealers allow the Sheriff to conduct warrantless searches of their businesses, seize license holders or employees for up to two hours, compel them to answer any questions posed, provide documentation, and a threat to revoke a PA License to Sell Firearms (LTSF) for refusing to comply with these demands. The announcement was the first ever in Pennsylvania. Read more…

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