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California: Plaintiffs to Seek En Banc Review of Ninth Circuit Decision Allowing San Francisco to Ban Self-Defense Ammunition and Mandating Locked Storage of Firearms

Thursday, March 27, 2014

On March 25, a three-judge panel of the Ninth Circuit Court of Appeals affirmed a November 2012 federal district court ruling that denied a request to block enforcement of two extreme San Francisco gun control ordinances.  The San Francisco ordinances challenged in the Jackson v. San Francisco case require handguns to be kept under lock and key in the home at all times unless actually being carried, and ban the sale of all “non-sporting” and common “hollow-point” self-defense ammunition.

                                                                                       

Because of fundamental conflicts between the court’s analysis and recent Supreme Court decisions and admonishments, the plaintiffs are seeking “en banc” review by an “en banc” panel of eleven Ninth Circuit judges, and will seek Supreme Court review after that if necessary.

 

Funded largely by the National Rifle Association, the Jackson case was one of many coordinated civil rights cases filed in the wake of the Heller decision in 2008. The Jackson case is being litigated by the NRA’s West Coast attorneys at Michel and Associates, along with former U.S. Solicitor General Paul Clement.

 

 The Jackson decision highlights the problems with the analytical framework for considering Second Amendment challenges recently fashioned by the Ninth Circuit in the United States v. Chovan case. That subjective “intermediate scrutiny” framework allows political and personal bias to creep into the law making and judicial review process, and effectively creates a toothless and overly deferential review of government infringements on Second Amendment rights.  Under this type of watered-down judicial standard of review, judges who are so inclined can find that virtually all restrictions on the right to keep and bear arms are constitutional simply by accepting post hoc government justifications uncritically, or by characterizing an infringement as “insubstantial.”

 

The request for en banc review or Supreme Court review will seek a standard of judicial review in Second Amendment cases that is consistent with the instructions and warnings given by the Supreme Court in the District of Columbia v. Heller case.

 

The Jackson case is one of two Ninth Circuit cases being litigated by the NRA’s California legal team that are currently being considered for potential en banc review. The other case, Peruta v. County of San Diego, recently resulted in a tremendous decision from a three-judge panel confirming that the Second Amendment guarantees the right of law-abiding citizens to carry a firearm in public and striking down a Sheriff’s policy that required applicants to establish a special need before they could get a license to carry a firearm outside the home.

 

The next several months promise to be very interesting for gun owners, so be sure to subscribe to alerts at www.CalGunLaws.com for important updates.

 

You can also assist in the fight to defend gun owners’ rights in California courts by donating to the NRA Legal Action Project today. For a summary of some of the many actions the NRA has taken on behalf of California gun owners, including the tremendous recent victory in the Peruta case click here. Second Amendment supporters should be careful about supporting litigation efforts promised by other individuals and groups without access to the necessary funding, relationships, firearm experts and experienced lawyers on the NRA’s national legal team. The NRA’s team of highly regarded civil rights attorneys and scholars has the resources, skill and expertise to maximize the potential for victory.

 

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Thursday, May 5, 2016

New Jersey: Senate Committee Passes Anti-Gun Legislation on Party-Line Vote

Today, the Senate State Government, Wagering, Tourism and Historic Preservation Committee voted on a 3-2 party-line vote to pass Senate Concurrent Resolution 101.

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Friday, April 29, 2016

Social Security Administration Releases Proposed Rulemaking on Disability-Related Gun Ban

On Friday, the Social Security Administration (SSA) released a draft of a proposed rulemaking that would supposedly bring the agency into compliance with what it claims is its responsibility to report prohibited persons to the ...

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Friday, April 29, 2016

Say What? Gun Control Advocates Try to Change the Language of Crime

As a cabinet level official in the Obama administration, former Secretary of State Hillary Clinton both reflected and informed the regime’s values and tactics, some of which she has carried forward into her own campaign ...

Wednesday, May 4, 2016

New Jersey: Anti-Gun Legislators Move to Quash Gov. Christie’s Gun Reforms

Undeterred by the Garden State’s failed, draconian gun laws, Senator Majority Leader Loretta Weinberg (D-37) has quickly schemed to block Governor Chris Christie’s recent executive action.

Thursday, May 5, 2016

Arizona: Final Votes on Pro-Gun Bills Could Happen Soon: Your Urgent Action Needed!

Today, Senate Bill 1266 is scheduled for its final vote in the House of Representatives.  The final votes for House Bill 2338, House Bill 2446, and House Bill 2524 could happen any time now.  Unfortunately, yesterday the ...

Wednesday, May 4, 2016

Louisiana: Firearm Legislation on the Move at the Capitol

Yesterday in the House Administration of Criminal Justice Committee, House Bill 959 was voluntarily deferred by its sponsor, state Representative John Bagneris (D-New Orleans).

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Friday, April 29, 2016

Hillary Clinton to Attack Gun Owners Her “Very First Day” in Office

In what has become as reliable as clockwork, with the passing of another week comes another Hillary Clinton attack on gun owners. This time, the frontrunner for the Democratic presidential nomination explained to supporters her ...

Thursday, May 5, 2016

Oklahoma: Right to Keep and Bear Arms Constitutional Amendment Under Fire in Conference Committee

A critical Right to Keep and Bear Arms Constitutional Amendment, House Joint Resolution 1009, is currently sitting in the House Conference Committee on Rules.

Tuesday, May 3, 2016

Michigan: Your Urgent Action Needed: Important Preemption Legislation Vote Tomorrow!

Tomorrow, May 4, the House Local Government Committee is scheduled to consider and vote on House Bill 4795, as substituted.  HB 4795, sponsored by Chairman Lee Chatfield (R-District 107), is important legislation aimed at protecting ...

Tuesday, May 3, 2016

Oklahoma: Conference Committee Members Named for Self-Defense Legislation

In mid-April, House Bill 3098 was overwhelmingly passed by the Oklahoma Senate and sent to conference committee for further consideration.  

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.