SAN FRANCISCO, CA (June 15, 2021) — This morning, counsel for Firearms Policy Coalition (FPC) filed an opposition to the State’s “emergency” motion to stay enforcement of the judgment in FPC’s Miller v. Bonta litigation, a landmark case holding that California’s ban on so-called “assault weapons” is unconstitutional under the Second Amendment. Today’s and other court filings, as well as statements on the case, can be viewed at AssaultWeaponLawsuit.com.
The Appellees’ opposition argues that the Appellants are recycling “their ‘greatest hits’ of ‘assault weapon’ myths in a crass effort to frighten the public and this Court to push for the ‘status quo’” when “[a]ll the status quo does is threaten and impede law-abiding citizens who seek better and safer firearms for self-defense and other lawful purposes, as is their right under the Second Amendment.”
Additionally, the opposition argues that “[a] stay is not a matter of right, even if irreparable injury might otherwise result to the appellant,” that the Appellants failed to show a strong likelihood of prevailing on the merits, that the district court correctly found that firearms classified as “assault weapons” were in common use under the Supreme Court’s Heller decision, that the District Court correctly found that California’s characteristics-based prohibitions were not a reasonable fit to the State’s objectives, that the State’s motion did not even raise a meaningful legal challenge to the District Court’s analysis, that Appellants failed to show the likelihood of irreparable harm, that a failure to enforce the judgment will result in constitutional injury to others and harm the public interest, and that the State’s motion to stay should be denied.
The State’s optional reply brief in support of its motion is due by 9:00 a.m. Pacific Time tomorrow.
Individuals who wish to support the Miller v. Bonta lawsuit can join the FPC Grassroots Army for just $25 or make a donation at JoinFPC.org.
Firearms Policy Coalition and its FPC Law team are the nation’s next-generation advocates leading the Second Amendment litigation and research space. Some FPC legal actions include:
- A challenge to California’s ban on so-called “assault weapons” (Miller v. Bonta) that resulted in a post-trial judgment and permanent injunction against the challenged regulations, the first such victory in United States history
- A challenge to California’s handgun “roster”, microstamping, and self-manufacturing ban laws (Renna v. Bonta)
- A challenge to California’s firearm purchase rationing ban (1-in-30 day limit) (Nguyen v. Bonta)
- A brief supporting certiorari in NYSRPA v. Bruen, which was granted by the U.S. Supreme Court
- A challenge to Minnesota’s ban on handgun carry by adults under 21 (Worth v. Harrington)
- A challenge to Illinois’ ban on handgun carry by adults under 21 (Meyer v. Raoul)
- A challenge to Georgia's ban on handgun carry by adults under 21 (Baughcum v. Jackson)
- A challenge to Tennessee’s ban on handgun carry by adults under 21 (Basset v. Slatery)
- A challenge to Maryland’s ban on handgun carry (Call v. Jones)
- A challenge to New Jersey’s ban on handgun carry (Bennett v. Davis)
- A challenge to New York City’s ban on handgun carry (Greco v. New York City)
- A challenge to Pennsylvania’s ban on handgun carry by adults under 21 (Lara v. Evanchick)
- A challenge to the federal ban on the sale of handguns and handgun ammunition to adults under 21 years of age (Reese v. ATF)
- A challenge to Maryland’s ban on so-called “assault weapons” (Bianchi v. Frosh)
Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. FPC Law (FPCLaw.org), the nation’s largest public interest legal team focused on the Right to Keep and Bear Arms, lead the Second Amendment litigation and research space.