Below are links and information about some important lawsuits and briefs to defend and advance YOUR RIGHTS!
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SOME RECENT LEGAL ACTIONS & BRIEFS
September 4, 2019 - United States Supreme Court
- Brief in support of petition for writ of certiorari (PDF); related News Release
FPC and its fellow amici filed a brief explaining that “the exercise of the right to keep and bear arms has always had a relationship to military use of arms,” hence the Second Amendment’s prefatory clause preventing the elimination of the militia. Indeed, throughout the colonial and founding eras, government mandated that most of the free population (often including women) acquire and keep the arms most suitable for militia service.
The brief provides the history and purpose of the PLCAA, and describes the decades of abusive lawsuits brought by anti-gun cities and states intended to bankrupt the firearms industry. The brief draws parallels between the abusive suits designed to destroy the firearms industry and the abusive suits brought by civil rights opponents throughout the Civil Rights movement, designed to destroy free speech in the Jim Crow South. Just as the Supreme Court halted the abusive lawsuits against the press in the 1960s, Congress enacted the PLCAA to end the abusive lawsuits against the firearms industry.
FPC’s coalition amicus brief encourages the Supreme Court to restore the PLCAA’s protections of fundamental, individual human rights.
FPC is joined by amici law professors and Second Amendment scholars Randy Barnett (Georgetown), Royce Barondes (Missouri), Robert Cottrol (George Washington), Nicholas Johnson (Fordham), Joyce Malcolm (George Mason), George Mocsary (Southern Illinois), Joseph Olson (Mitchell Hamline), Glenn Reynolds (Tennessee), Eugene Volokh (UCLA), and Gregory Wallace (Campbell), as well as advocacy organizations Firearms Policy Foundation, Cato Institute, Independence Institute, Madison Society Foundation, and California Gun Rights Foundation (formerly The Calguns Foundation).
August 29, 2019 - United States Supreme Court (Petition for Certiorari)
- Guedes, et al. v. Attorney General William Barr, et al.
- Federal challenge to the government's unlawful ban on "bump-stock" devices
- Petition for certiorari argues that the “Court should grant the Petition for three reasons: (1) the decision below conflicts with multiple decisions of [the Supreme] Court by elevating Chevron deference above the rule of lenity as applied to ambiguous criminal statutes; (2) the decision improperly finds Chevron deference to be unwaivable; and (3) the decision so grossly interprets Chevron deference as to raise the question whether Chevron should be overruled.”
- Related news release here
August 15, 2019 - S.Dist. Cal. Federal District Court
- Miller, et al. v. Calif. Attorney General Xavier Becerra, et al.
- Federal Second Amendment challenge to the State of California's ban on so-called "assault weapons"
- News release
August 8, 2019 - E. Dist. Pennsylvania Federal District Court
August 1, 2019 - United States Supreme Court
- FPC and FPF are joined by SAF and CGF in a Supreme Court brief in support of certiorari in Cheeseman v. Polillo, which seeks to overturn New Jersey's "justifiable need" (i.e., "good cause") requirement that is a de facto ban on law-abiding individuals' fundamental, individual Second Amendment right to carry outside their home.
July 11, 2019 - Federal 3rd Circuit Court of Appeals
- FPC and FPF are joined by SAF, FOAC, and MSF in 3rd Circuit Court of Appeals brief in the appeal of USA v. Hunt-Irving supporting appellant's Second Amendment as-applied challenge.
July 1, 2019 - Federal 3rd Circuit Court of Appeals
- FPC and FPF are joined by SAF, FOAC, and MSF in 3rd Circuit Court of Appeals brief in the appeal of Holloway v. Att'y Gen'l Barr, et al. supporting plaintiff-appellee's Second Amendment as-applied challenge to federal lifetime ban.
July 1, 2019 - District of California Federal District Court (Southern District, San Diego)
- Federal Second Amendment challenge to the State of California’s ban on firearm purchases by legal, law-abiding adults over the age of 18 but under the age of 21.
June 25, 2019 - Federal 6th Circuit Court of Appeals
- Cato Institute, FPC file amicus brief in 6th Circuit Court of Appeals in the appeal of GOA, et al. v. Attorney General Barr, et al. supporting appellant's challenge to Trump Bump-Stock Ban
June 21, 2019 - Federal 9th Circuit Court of Appeals
- Cato Institute and FPC file joint amicus brief in the appeal of U.S. v. Bronsozian, a case concerning a conviction for failing to pay a tax for a "machinegun" that cannot be paid due to other statutes, arguing that as the Supreme Court has repeatedly found, a tax must be a tax. For a government of enumerated powers to function, those powers must be clearly defined. The fact that a case involves guns—even unpopular guns—is not a reason to smudge the taxing power into a grant to do whatever the government wants.
June 17, 2019 - U.S. Supreme Court
- FPF, et al. submit application to U.S. Supreme Court, Circuit Justice Roberts for extension of time to file a petition for writ of certiorari in Guedes, et al. v. BATFE (bumpstock ban challenge)
June 13, 2019 - Federal 10th Circuit Court of Appeals
- Cato Institute, FPC file amicus brief in 10th Circuit Court of Appeals in the appeal of Aposhian v. Attorney General Barr, et al. supporting appellant's challenge to Trump Bump-Stock Ban
June 3, 2019 - Colorado Supreme Court
- FPC/FPF file amicus brief in Colorado Supreme Court in support of right of Coloradans to magazines over 15 rounds in capacity
May 31, 2019 - Illinois Supreme Court
- FPC/FPF file coalition brief in Illinois Supreme Court arguing that the FOID law's application to Respondent is unconstitutional
May 31, 2019 - Pennsylvania Supreme Court
- 2017-12-26: FPC/FPF filed a brief by Joshua Prince
- 2019-5-31: Pennsylvania Supreme Court ruled on 'stop-and-frisk of gun owners (Majority, Concurring, Concurring)
May 14, 2019 - U.S. Supreme Court
- FPC, FPF, and CGF argue that the "Constitution itself has done the categorizing and those rights covered ‘shall not be infringed.’ Period," and that so-called “tiers” of scrutiny used by courts are a “wholly judicial invention” that “should be viewed with skepticism when applied to conduct directly protected by the constitutional text.”
- Related news release HERE
ADDITIONAL LEGAL ACTIONS & BRIEFS
- Federal Second Amendment constitutional challenge to federal lifetime ban under 18 U.S.C. 922(g)(1) on firearm and ammunition possession/acquisition by those previously convicted of a qualifying non-violent crime.
- This case is a federal constitutional challenge to New Jersey statutes and Attorney General Gurbir Grewal's Orwellian and tyrannical enforcement practices, including a threat of prosecution about CodeIsFreeSpeech.com
- FPC v. Whitaker, et al. is a federal constitutional, statutory, and APA challenge to the DOJ/ATF ban on "bump-stock" devices
- Guedes, et al. v. Whitaker, et al. is a federal APA and constitutional challenge to the DOJ/ATF's ban on "bump-stock" devices
- Linton v. Becerra is a federal Second Amendment, Full Faith and Credit, Privileges and Immunities, and Fourteenth Amendment constitutional challenge to the State's laws and policies that prevent people who had their firearm rights restored in other states from possessing and purchasing firearms and ammunition in California.
Van Nieuwenhuyzen, et al. v. Riverside, CA Sheriff Stanley Sniff, et al.
- Van Nieuwenhuyzen, et al. v. Riverside, CA Sheriff Stanley Sniff, et al. was a federal Second and Fourteenth Amendment constitutional challenge to Riverside County's and former Sheriff Stanley Sniff's unconstitutional policies and practices that prevented some people from applying for and being approved for a carry license (CCW) on the basis of citizenship.
- May 24, 2019 - VICTORY! United States District Judge Dean D. Pregerson entered an order permanently enjoining Riverside County, CA from having a policy and practice of preventing legal U.S. residents from exercising their right to apply for a carry license
- Sharp, et al. v. California Attorney General Xavier Becerra, et al. is a constitutional challenge to the DOJ's defective "bullet button assault weapon" registration system that prevented many Californians from registering their firearms before July 1, 2018, thus denying them exemption from many serious criminal laws, and a petition for writ of mandate to require the DOJ to register their firearms as many individuals intended to do before July 1.
- Carlton v. Healey is a lawsuit to challenge to Attorney General Maura Healey's total denial of access to public records about "3D printed guns" (AG's term).
FPC, FPF Comment in Opposition to ATF's Proposed "Bump-Stock" Ban Rulemaking (docket no. 17R-22)
- Attorneys for Firearms Policy Coalition and Firearms Policy Foundation submitted over 900 pages of analysis and supporting exhibits, including a video that shows the actual operation of a “bump-stock-device” on an AR-15 type firearm, in an extensive opposition that shows the Trump Administration’s illegal proposed ban fails every test.
- Federal lawsuit challenging the school district's and Kendyl Depoali Middle School's ban on wearing pro-gun rights FPC tee shirts and overbroad dress code policy banning pro-gun rights free speech
- VICTORY! Secured a judgment against the school district, wherein they admitted to violating G.M.'s rights, and payment of $25,000 in attorneys fees.
- Constitutional and statutory challenge to CA DOJ's denial of access to DOJ firearm regulations
- Federal lawsuit challenging the State of California's confiscatory ban on "large-capacity" magazines
- Federal Second Amendment lawsuit challenging New York’s ban on Tasers and other “less-than-lethal” electronic self-defense weapons
- VICTORY! U.S. District Judge David Hurd declares ban unconstitutional, GRANTS Motion for Summary Judgment, ORDERS permanent injunction
- First Amendment “Tyrant Registry” free speech lawsuit
- VICTORY! U.S. Chief District Judge Lawrence J. O’Neill ordered a permanent injunction (matching the preliminary injunction).
Hulbert, FPC et al. v. Annapolis, Maryland Mayor Mike Pantelides, et al.
- Federal Second Amendment lawsuit challenging Annapolis, MD's ban on Tasers and other “less-than-lethal” electronic self-defense weapons
- VICTORY: Full repeal!
- Ninth Circuit
- Constitutional challenge to California Senate Bill 707, exemptions for retired government employees
- First Amendment challenge to California law banning use of Assembly video of gun control bill debates for political speech and FPC advertisements about Proposition 63
- VICTORY: U.S. District Judge Morrison C. England, Jr., issued a preliminary injunction!
- VICTORY: Settlement and fee recovery
- VICTORY: Full repeal! Legislature completely repealed the law.
- Brief filed at the United States Supreme Court in support of a Second Amendment challenge to California's handgun Roster and microstamping requirements that prevent law-abiding people from buying handguns that are in common use for lawful purposes throughout the United States
- Brief filed at the United States Supreme Court in support of a Second Amendment challenge to federal gun control laws that prohibit law-abiding people from buying handguns outside of their state of primary residence
- Ninth Circuit; right to bear arms outside the home
- Ninth Circuit; gun store ban lawsuit
- Being petitioned to U.S. Supreme Court
- Fifth Circuit; machine gun lawsuit
- U.S. Supreme Court; locked storage lawsuit
- Ninth Circuit; right-to-carry lawsuit
- U.S. Supreme Court; 10-day waiting period lawsuit
In order to challenge unconstitutional, unjust, and undesirable laws, we need individuals to participate in our efforts as plaintiffs. Please click here or email hotline[at]fpchq.org to report possible civil rights violations or let us know you'd like to get involved in a lawsuit.