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LEGAL UPDATE: Cato Institute, FPC File Brief in 6th Circuit Court of Appeals Bump-Stock Ban Challenge
“As anyone who’s seen School House Rock can tell you, only Congress can write new laws,” the brief’s authors, Ilya Shapiro, Josh Blackman, and Matthew Larosiere explained. “Never to let something like a written constitution get in their way, the [Trump] administration tried to make new law by ‘reinterpreting’ an existing law: the National Firearms Act of 1934 (NFA)...”
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Cato, FPC File Brief in 9th Circuit Appeal on Tax Law Conviction for Machine-Gun Charge
“Several years ago, Nick Bronsozian was charged with possession of an unregistered machinegun under a tax law statute. The provision in question, 26 U.S.C. § 5861(d), says that in order to have a machinegun registered, a tax must be paid on it,” explained amicus brief authors Ilya Shaprio and Matthew Larosiere at Cato’s eponymous Cato at Liberty blog, “[The Defendant-Appellant Mr.] Bronsozian didn’t pay his tax. Case closed. That’s what the government argued anyway, but the situation is more complicated than that.”
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LEGAL UPDATE: Cato Institute, FPC Urge Appeals Court to Strike Down Trump Bump-Stock Ban
Today, the Cato Institute and Firearms Policy Coalition announced their filing of an important amicus brief in the appeal of Aposhian v. Barr, a case challenging the federal bump-stock ban, at the 10th Circuit Court of Appeals. The brief may be viewed at www.firearmspolicy.org/legal and https://www.cato.org/blog/again-pointing-out-executive-power-abuses-new-bump-stock-ban.
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BREAKING: FPC, FPF Join Challenge to Colorado Gun Magazine Ban, File Colorado Supreme Court Brief
Today, Firearms Policy Coalition (FPC) and Firearms Policy Foundation (FPF) announced the filing of an important brief before the Colorado Supreme Court in Sternberg v. Colorado, a case challenging the State’s ban on so-called “large-capacity” firearm magazines. The brief may be viewed at www.firearmspolicy.org/legal.
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Gun Rights Groups Join Legal Challenge Over Illinois’s Firearm Owner ID Law
Today, Firearms Policy Coalition (FPC) and Firearms Policy Foundation (FPF) announced the filing of an important amicus brief before the Supreme Court of Illinois in People v. Brown, a key Second Amendment case challenging the constitutionality of the Illinois’s Firearm Owner Identification Card (FOID) laws. The coalition’s amicus brief can be viewed at www.firearmspolicy.org/legal.
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PA Supreme Court: Unconstitutional to ‘Stop-and-Frisk’ For Firearms
The coalition’s brief, which was relied on heavily in the majority opinion, argued that the Pennsylvania and federal constitutions prohibit searches and seizures based on a suspicion of criminal activity due to carrying a firearm.
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Federal Judge Orders Permanent Injunction Against Riverside County Over Unconstitutional ‘CCW’ Carry License Policy
Today, plaintiffs in a federal lawsuit filed last fall announced that Senior United States District Judge Dean D. Pregerson entered an order permanently enjoining Riverside County, California from having a policy and practice of preventing legal U.S. residents from exercising their right to apply for a carry license in Van Nieuwenhuyzen, et al. v. Riverside, CA Sheriff Stanley Sniff, et al.
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Firearms Policy Coalition Applauds Washington State's Vote Against Executive Overreach
This Tuesday was a good day for the Second Amendment in Washington state. Gov. Jay Inslee signed SB 5260 which included a repeal of the governor’s own “emergency powers” ability. This ability allowed the governor to unilaterally ban the carrying of firearms outside the home.
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U.S. Supreme Court Must Strike Down New York City Gun Control Rule and Tell Lower Courts to Enforce the Actual Text of Our Constitution’s Second Amendment, Argue Three Second Amendment Groups
Today, counsel for three gun rights groups submitted an important brief with the United States Supreme Court calling for the City of New York’s unconstitutional firearm law to be struck down. The court filing, authored by Supreme Court attorney Erik Jaffe of the Washington, D.C. boutique law firm Schaerr-Jaffe LLP, can be found at www.firearmspolicy.org/legal.
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Nevada is One Step Closer to the Californication of Its Gun Rights
It seems that Californians escaping to Nevada because of the burdensome taxes of their home state have brought with them some dangerous policies about guns and the need for these essential tools to be restricted.
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BREAKING: City of Pittsburgh, Mayor, and ‘Gun-Grabbing Gang of Six’ City Council-Members Sued Over New Gun Control Laws
Today, attorneys Joshua Prince and Adam Kraut of Civil Rights Defense Firm, P.C., filed a new lawsuit against the City of Pittsburgh, Mayor Bill Peduto, and six City Council members over the City’s latest gun control legislation.
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BREAKING: FPC, FPF Announce Expedited Appeal in Bumpstock Ban Cases
Attorneys for FPC and FPF filed opening briefs with the Court of Appeals for the D.C. Circuit in the ongoing bumpstock ban lawsuits. Copies of the briefs and other filings are available at BumpStockCase.com.
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Joint Statement on Federal Court Ruling That Denies Law-Abiding American’s Temporary Protection from President Trump’s Unconstitutional Bumpstock Ban
Our attorneys will continue to make every effort to protect American gun owners and their private property from the Administration’s dangerous retroactive, confiscatory ban than will turn thousands of good people into felons.
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BREAKING: FPC, FPF File Amicus Brief Before U.S. Supreme Court in Lawsuit Challenging California Handgun Roster
“By arguing that the Roster features ‘hundreds’ of unique handguns, the State is essentially gaslighting California gun owners,” said FPC Policy Director Richard Thomson. “Indeed, our research shows that there are hundreds of duplicate firearms on the Roster, many of which are only differentiated from one another based on aesthetic features like color. This is beyond absurd, and it shows why the Roster must be overturned.”
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BREAKING: South Dakota Governor Signs Constitutional Carry Bill
SB 47, proposed by Senator Greenfield (R-2), did away with South Dakota's requirement for a concealed carry permit, instituting "Constitutional Carry" in the state.
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FPC Opposes Confirmation of William P. Barr, President Trump’s Nominee for Attorney General; Requests Senate Withhold Consent
“This is a strong indicator that Mr. Barr, if confirmed, would not only maintain the DOJ’s troubling current litigation positions, but potentially even direct United States Attorneys and DOJ civil litigation counsel across the nation to take even more aggressively anti-rights, authoritarian positions in a wide variety of prosecutions and constitutional challenges. That is not the proper remedy for centuries of constitutional resistance and atrophy,” said the constitutional rights advocacy group.
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FPC Firmly Opposed to Federal Gun Control Legislation, Including “Red Flag” Laws, “Universal Background Checks”
Today, Firearms Policy Coalition (FPC) responded to announcements of several pieces of federal gun control legislation that would further infringe on the fundamental, individual right to keep and bear arms and other constitutional rights.
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BREAKING: FPC Challenges Acting Attorney General Matthew Whitaker, Trump Admin. “Bump-Stock” Ban, in Federal Lawsuit Filed Today by Supreme Court Attorneys Goldstein & Russell, P.C.
FPC v. Whitaker is a federal constitutional, statutory, and APA challenge to the DOJ/ATF ban on "bump-stock" devices brought President Trump's ban on "bump stock" devices by executive fiat.
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Constitutional Rights Groups File Supreme Court Brief Supporting Second Amendment Challenge to Federal Handgun Sales Ban
A brief supporting Supreme Court review of a Fifth Circuit decision in a Second Amendment challenge to irrational federal gun control rules was filed by civil rights attorney Donald J. Kilmer, reports three constitutional rights advocacy groups who joined the brief.
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BREAKING: Federal Lawsuit Seeks to Restore Individuals' Firearms Rights in State of California
Counsel for two individual California residents and five constitutional rights advocacy groups filed a federal lawsuit challenging the State’s laws and policies that, they claim, prevent people from exercising their Second Amendment rights. Named defendants in the lawsuit include Becerra, DOJ Bureau of Firearms Chief Martin Horan, and Deputy Attorney General Robert Wilson. A copy of the case filings can be found at www.firearmspolicy.org/linton.
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BREAKING: Federal Lawsuit Filed Challenging Trump Bump-Stock Ban; Injunction Sought
Attorneys for an owner of a “bump-stock” device and three advocacy organizations filed a federal lawsuit against the Trump Administration’s new rule that bans the firearm parts. A copy of the court filings can be viewed at www.bumpstockcase.com. The plaintiffs also filed a motion seeking a temporary injunction to prevent the Trump Administration from implementing and enforcing the new regulation.
