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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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Illinois: Senate Passes Legislation that will Close Gun Stores

Thursday, April 27, 2017

Illinois: Senate Passes Legislation that will Close Gun Stores

Today, the Illinois Senate passed an amended version of Senate Bill 1657 by a 30-21 vote.  As amended, SB 1657 would exempt big box stores from its restrictions.

Brace Yourself: ATF Reconsiders Obama-Era Policy on Stabilizing Braces

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Gun Laws  

Tuesday, April 25, 2017

Brace Yourself: ATF Reconsiders Obama-Era Policy on Stabilizing Braces

News broke this week that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has reconsidered and “clarified” its Jan. 6, 2015 Open Letter on the use of stabilizing braces as shoulder stocks.

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Monday, April 24, 2017

Lawsuit Filed Against California's Assault Weapons Control Act

The National Rifle Association Institute for Legislative Action (NRA-ILA) today announced it is supporting, along with the California Rifle and Pistol Association (CRPA), an important Second Amendment lawsuit challenging California’s newly expanded Assault Weapons Control ...

West Virginia: Governor Signs Pro-Gun Bills into Law

Thursday, April 27, 2017

West Virginia: Governor Signs Pro-Gun Bills into Law

Late yesterday, Governor Jim Justice signed two important pro-gun bills into law.

Illinois: Anti-Gun Legislators are Attempting to Sneak their Agenda into Unrelated Legislation

Tuesday, April 25, 2017

Illinois: Anti-Gun Legislators are Attempting to Sneak their Agenda into Unrelated Legislation

Yesterday, Illinois Senate President John Cullerton proposed Senate Amendment 1 to his shell bill, Senate Bill 233.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

“F” Stands for Fail: School Jeopardizes Student’s Future for Possession of Squirt Gun

News  

Second Amendment  

Friday, April 21, 2017

“F” Stands for Fail: School Jeopardizes Student’s Future for Possession of Squirt Gun

Public education’s long-running “zero tolerance” war against anything that suggests the idea of a firearm (including, for example, clothing, gestures, toys, food, computer images, and favorable opinions of self-defense) has claimed another victim. This time ...

Oregon: Anti-Gun Bill Headed to Senate Floor for Vote

Thursday, April 27, 2017

Oregon: Anti-Gun Bill Headed to Senate Floor for Vote

On Monday, May 1, Senate Bill 719 is scheduled for a Senate floor vote.  Based on a California law enacted in 2014, SB 719A would create a so-called “Extreme Risk Protection Order” (ERPO) that could ...

Illinois: Committees to Hear Anti-Gun Bills Tomorrow

Monday, March 13, 2017

Illinois: Committees to Hear Anti-Gun Bills Tomorrow

Tomorrow, the Senate Judiciary Committee is scheduled to hear Senate Bill 1291 and SB 1657.  Additionally, the House Judiciary Committee will hear the crossfile of SB 1291, HB 2354.  Please contact members of the Senate and House Judiciary Committees and ...

For 2017, A Historic NRA-ILA Leadership Forum

News  

Second Amendment  

Friday, April 21, 2017

For 2017, A Historic NRA-ILA Leadership Forum

For the past decade, NRA-ILA has sponsored leadership forums that have allowed our members to hear directly from national leaders.  Next Friday, that tradition continues and the line up of speakers is top notch.

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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.