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Law-Splainer - Part 3: The Lawsuit is Filed: What Happens Next? Responses
Litigation law-splainer, Part 3: Assume that the criteria to bring a lawsuit has been met. What happens next? FPC's Adam Kraut breaks it down in this continuing series to understanding federal litigation.
Briefing, Arguments Concluded in Two FPC and FPF-Supported Second Amendment Appeals in Third Circuit
Both Folajtar and Holloway are challenges to the federal government’s lifetime ban on firearm possession for “any person . . . who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year”
Gun Owners, Dealers Seek Injunction Against Age-Based Ban After Gov. Newsom Signs Gun Control Bills
“Mere months after Senator Anthony Portantino’s unconstitutional SB 1100 (2018) ban went into effect, Governor Newsom signed Senator Portantino’s SB 61 (2019) to further ensure that law-abiding legal adults are denied their fundamental human rights,” said the plaintiffs’ attorney, John Dillon. “We filed the amended complaint and a new motion for preliminary injunction to address the expanded scope of California’s unconstitutional and discriminatory age-based gun control scheme enforced against young legal adults and licensed dealers.”
Gun Policy Round-up: November 9, 2019
Change in firearm export controls inches closer, New Hampshire Firearms Coalition attacked over political sign about "red flag" laws, Nebraska town goes after unsecured firearms, Florida gun ban news, and Florida’s first gun "sanctuary" county
FPC Urges Supreme Court to Restore the Human Right to Carry Arms in Public Throughout the U.S.
“By now, nearly every federal circuit court has addressed the right to bear arms in public. The courts have taken a variety of different approaches and have reached an even greater variety of outcomes. The result has been a different right from state to state, with the right essentially banned in many—leaving millions of Americans unable to exercise a fundamental right. Several courts have gone so far as to expressly request additional guidance from the Supreme Court in their opinions, and we hope that the Court will take this opportunity to provide that guidance."
BREAKING: Court Blocks Pittsburgh, PA Gun Control Scheme in Lawsuit Brought by FPC, FPF, FOAC, and 3 Gun Owners
Another illegal law struck down.
FPF, FPC Sue State Department Over FOIA Violations Regarding Requests For Records About ‘3-D’ Gun Blueprints, CodeIsFreeSpeech.com
“This lawsuit is the result of the government yet again failing to follow the law and do their job."
FPC to Supreme Court: Massachusetts’s Ban on Semi-Automatic Firearms and Standard Capacity Magazines is Unconstitutional
“In holding that the Second Amendment protects arms ‘in common use’ in D.C. v. Heller, the Supreme Court made clear that the Amendment reserves to the people, rather than the government, the decision of which arms the people may select for self-defense and other lawful purposes,” explained FPC Director of Research and brief author, Joseph Greenlee.
FPC Statement: FPC Demands Police Training, Policy Reforms in the Wake of Another Unjustifiable Killing of Armed and Innocent Person
The tragic and unjustifiable killing of Ms. Jefferson underscores why law enforcement must be better trained to safely encounter people with guns and other constitutionally protected weapons.
Weekly Gun Policy Roundup: October 11, 2019
This week, the Supreme Court set New York State Rifle & Pistol Association v. New York City for oral arguments. This comes after the respondents begged the Court to stay out in every conceivable way -- even promising that, should the case continue, they would not argue anything beyond their assertion that the case is moot.
CA. Gov. Newsom Signs 15 Anti-Gun Bills into Law
In a move that we haven't seen since July 2016, when then Governor Jerry Brown signed "Gunpocalypse", current California Governor Gavin Newsom signed FIFTEEN antigun bills into law earlier today.
Law-Splainer - Part 2: Structure of the Federal Courts
In Part 1 of our Law-Splainer series, we covered what it takes to file a federal lawsuit and a number of factors that need to be considered before filing a complaint in a federal district court. In this part, we’ll discuss the structure of the federal court system.
Plaintiffs Seek Injunction in Second Amendment Lawsuit Challenging California Gun Ban for Young Adults Under Age 21
WASHINGTON, D.C. (October 7, 2019) — Today, Firearms Policy Coalition (FPC) announced the filing of a motion seeking a preliminary injunction in the case of Matthew Jones, et al. v. Attorney General Xavier Becerra, et al., a federal Second Amendment challenge to the State of California’s ban on gun purchases by young adults over age 18 but under age 21. The court filings are available online at www.firearmspolicy.org/jones.
FPC Supreme Court Brief: Non-Violent Felons Have Second Amendment Right to Keep and Bear Arms
“Since countless non-violent felons are being denied their rights every day—including many who have been law-abiding for several decades, like Mr. Medina—we are hopeful that the Court will accept the case and clarify its intent.”
Presidential Candidates Admit At Town Hall: We're ALL Coming For Your Guns
Every Democrat candidate for President admitted Wednesday "Hell yes, we're still coming for your AR-15!"
Second Amendment Protects So-Called “Large-Capacity” Gun Magazines, Firearms Policy Coalition Argues in Important 9th Circuit Court of Appeals Brief Joined by Second Amendment Foundation, Armed Equality, Others
“Magazines are inherent, operating parts of all semi-automatic firearms, and it is indisputable that the so-called ‘large-capacity magazines’ at issue in this case are in common use for lawful purposes and protected by the Constitution,” explained George M. Lee
FPC Rejects Gun Control Proposals, Expanded Background Checks, Registry in Purported Trump Admin. “Idea” Document; Publishes Policy Memo Detailing Dangers, Flaws
Today, Firearms Policy Coalition (FPC) published a new Policy Memorandum addressing gun control proposals contained in a new document captioned “Idea for New Unlicensed-Commercial-Sale Background Checks”.
An Awful, Horrible, No-Good Expanded Background Check “Idea”
On September 18, 2019, a purported “idea” document reportedly being circulated among Republican senators and congressmen was leaked to the media. The document, entitled “Idea for New Unlicensed-Commercial-Sale Background Checks”, is both frighteningly vague and callous in its disregard for the Second and Fourth Amendments, as well as the federalist principles that animate the Commerce Clause.
FPC Explainer: What it takes to file a federal lawsuit - Part 1
Here, we will walk through the process in detail, to give you a better idea of what goes into protecting our rights through the courts, specifically filing a federal action.
FPC: Why Politicians Are Dead Wrong About Red Flag Laws
In the era of “just do something” public policy, legislators on both sides of the aisle are pitching red flag legislation as a moderate form of gun control; one having a positive impact on mental health reform while simultaneously keeping Americans safe. Nothing could be further from the truth, and what these politicians won’t tell you is that their position is unsupported by evidence and riddled with far-reaching, unconstitutional implications for everyone.
ALERT - House Committee Advances Mag Ban, Gun Confiscation
Last night, Democrats in the House Judiciary Committee voted along party lines to advance some of the worst gun control bills ever proposed.
FPC, FPF Join Law Professors, Scholars in Supreme Court Brief Urging Protection for Second Amendment Industry Against Frivolous Lawsuits
FPC’s coalition amicus brief encourages the Supreme Court to restore the PLCAA’s protections of fundamental, individual human rights.
Adam Kraut: The emotional cry to ‘do something’ about gun control makes for horrible policy
The rush to craft “solutions” in Washington, D.C., and state capitals across the country in response to tragedy is an ill-fated endeavor.
BREAKING: U.S. Supreme Court Asked to Rein in Federal “Administrative State” and Clarify or Overturn Chevron Precedent
In the petition for review, Supreme Court counsel for the petitioners, Erik S. Jaffe of Washington, D.C., boutique firm Schaerr | Jaffe LLP, 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.”