SAN FRANCISCO (December 4, 2020) — Today, attorneys David H. Thompson, Peter A. Patterson, John D. Ohlendorf, and Haley N. Proctor of the preeminent constitutional appellate firm Cooper & Kirk PLLC filed an opening brief for Firearms Policy Coalition and its members, as well as Second Amendment Foundation, in the appeal of the district court’s denial of a preliminary injunction in Jones v. Becerra, a case challenging California’s age-based ban on firearms purchases by adults under the age of 21. The brief can be found at FPCLegal.org.
“Contrary to the State of California’s policy preference, Second Amendment rights are not limited to adults over 21 years old,” explained Adam Kraut, FPC’s Director of Legal Strategy. “We do not and could not deprive these adults of First, Fourth, and Fifth Amendment rights, and the Second Amendment right to keep and bear arms is no different, especially when we examine the text of the Constitution and our nation’s history and tradition.”
“The Jones case and our other lawsuits challenging age-based bans are about fighting for the rights of America’s young adults, protecting the rights and liberties of future generations, and restoring the Second Amendment for all individuals,” said FPC President Brandon Combs. “The rights of young people are incredibly important to FPC and our Republic, and FPC has made fighting for them a priority in our broader strategy to advance individual liberty and freedom. We hope that the Ninth Circuit will reverse the district court and remand this case with instruction to enter a preliminary injunction, as our plaintiffs are entitled.”
Yesterday, FPC filed a petition for writ of certiorari in the case of Holloway v. Barr, and has other cases moving through various courts of appeal and up to the Supreme Court. Holloway is the first Second Amendment cert. petition filed since Justice Barrett joined the high court, and raises a similar question as that in her dissent in the Seventh Circuit’s Kanter v. Barr decision.
Firearms Policy Coalition and its FPC Law team are the nation’s next-generation advocates leading the Second Amendment litigation and research space, having recently filed several major federal Second Amendment lawsuits including challenges to the State of Maryland’s ban on “assault weapons” (Bianchi v. Frosh), the State of Pennsylvania’s and Allegheny County’s carry restrictions (Cowey v. Mullen), Philadelphia’s Gun Permit Unit policies and practices (Fetsurka v. Outlaw), Pennsylvania’s ban on carry by adults under 21 years of age (Lara v. Evanchick), California’s Handgun Ban and “Roster” laws (Renna v. Becerra), Maryland’s carry ban (Call v. Jones), New Jersey’s carry ban (Bennett v. Davis), New York City’s carry ban (Greco v. New York City), the federal ban on the sale of handguns and handgun ammunition by federal firearm licensees (FFLs) to adults under 21 years of age (Reese v. BATFE), and others, with many more cases being prepared today. To follow these and other legal cases FPC is actively working on, visit the Legal Action section of FPC’s website or follow FPC on Instagram, Twitter, Facebook, YouTube.
Firearms Policy Coalition (firearmspolicy.org) is a 501(c)4 nonprofit organization. FPC’s mission is to protect and defend constitutional rights—especially the right to keep and bear arms—advance individual liberty, and restore freedom through litigation and legal action, legislative and regulatory action, education, outreach, grassroots activism, and other programs. FPC Law is the nation’s largest public interest legal team focused on Second Amendment and adjacent fundamental rights including freedom of speech and due process, conducting litigation, research, scholarly publications, and amicus briefing, among other efforts.
The Jones case is another important lawsuit that is part of FPC’s comprehensive strategy to defend freedom, advance individual liberty, and restore the Constitution and its guarantees for individuals throughout the United States. Individuals who wish to support the lawsuit can do so at JoinFPC.org and www.firearmspolicy.org/jones.
NOTICE -- POTENTIAL PLAINTIFFS NEEDED!
FPC is urgently seeking individual and FFL plaintiffs for a number of lawsuits that are being prepared to challenge laws and policies that infringe on fundamental rights, including (but not limited to):
- Laws and policies that prevent individuals from purchasing and/or possessing so-called “assault weapons” (semi-automatic firearms with standard characteristics) and “high-capacity” magazines (standard magazines that hold more than 10 rounds)
- Laws and policies that prevent 18-20-year-old young adults (under age 21) from obtaining handguns from FFLs and carry loaded, operable arms in public for self-defense
- Laws and policies that prevent individual adults (over the age of 18) from carrying loaded handguns and other arms outside of their home
- Laws and policies that prevent individuals from acquiring and/or possessing handguns and other arms without first acquiring a “purchase permit”
- Laws and policies that prevent individuals from acquiring or possessing firearms due to a conviction for a non-violent crime, or mental health adjudication that did not involve an involuntary commitment
- Laws that prevent honorably discharged veterans from acquiring or possessing firearms because they have been classified as “a mental defective” due to the agency’s determination that they “lack the mental capacity to contract or manage his or her own affairs” because they need assistance managing VA benefits and have a fiduciary
If someone you know meets the criteria above, or if you would be interested in participating in litigation as a supporting FFL, please contact us:
- On the web at www.firearmspolicy.org/hotline
- By email at potentialplaintiffs[at]fpchq.org
- By phone at (855) 252-4510 (FPC Legal Action Hotline available 24/7/365)
If you would like to support FPC’s Call case and many other pro-Second Amendment lawsuits, legal action, and research, please chip in $5, $10, $25, or whatever you can at https://www.firearmspolicy.org/donate or Join the FPC Grassroots Army at JoinFPC.org.