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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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Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

Michigan Red Flag Report Sheds Light on Confiscation Orders in Practice

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Monday, March 16, 2026

Michigan Red Flag Report Sheds Light on Confiscation Orders in Practice

This month, Michigan’s judicial branch published the 2025 edition of its annual report on the state’s Extreme Risk Protection Order Act (red flag gun confiscation order statute). 

Canada Spending $25K+ per Gun Confiscated from Non-Criminals; 0 Lives Saved

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Monday, March 16, 2026

Canada Spending $25K+ per Gun Confiscated from Non-Criminals; 0 Lives Saved

More proof (as if any was needed) has emerged that the Canadian gun ban and confiscation is a massive administrative, practical and economic debacle.

Virginia: Semi-Auto Ban Heads to Governor Spanberger's Desk

Monday, March 9, 2026

Virginia: Semi-Auto Ban Heads to Governor Spanberger's Desk

Yet another piece of anti-gun legislation has made it out of the General Assembly and is on its way to Governor Spanberger.

Colorado: "FFL-Killer" Bill in House Committee on Monday

Friday, March 13, 2026

Colorado: "FFL-Killer" Bill in House Committee on Monday

On Monday, March 16th, the House State, Civic, Military, & Veterans Affairs Committee will hold a hearing on Senate Bill 26-043, the FFL-Killer bill.

By George! Washington, D.C.’s Magazine Ban Invalidated by District’s Highest Court

News  

Monday, March 9, 2026

By George! Washington, D.C.’s Magazine Ban Invalidated by District’s Highest Court

Even as its formerly more liberty-loving neighbor, Virginia, goes down the tyrannical path of unconstitutional bans on firearms and magazines, residents of the nation’s capital last week gained a measure of relief from the District’s ...

California: Public Safety Committees Set to Hear Multiple Firearm Bills

Tuesday, March 10, 2026

California: Public Safety Committees Set to Hear Multiple Firearm Bills

On Tuesday, March 17th at 8:30 AM, the Assembly Committee on Public Safety will hear Assembly Bill 1753 pertaining to gun violence restraining orders and Assembly Bill 1948, extending the validity concealed carry permit. Additionally ...

Tennessee: Senate Floor Vote Tomorrow

Wednesday, March 11, 2026

Tennessee: Senate Floor Vote Tomorrow

On Thursday, March 12th, the Senate is expected to vote on SB 3050, protecting tenants Second Amendment rights. Please contact your Senator and urge them to SUPPORT SB 3050 by using the TAKE ACTION button below.

Minnesota: Senate Judiciary Suppresses Opposition Testimony and Advances Gun Control Wish List

Monday, March 16, 2026

Minnesota: Senate Judiciary Suppresses Opposition Testimony and Advances Gun Control Wish List

On Friday, March 13th, the Senate Judiciary and Public Safety Committee held a hearing on the gun grabbers wish list, including semi-automatic bans, magazine capacity limits, and concealed carry restrictions. 

Michigan: Constitutional Carry Legislation Introduced

Thursday, March 5, 2026

Michigan: Constitutional Carry Legislation Introduced

A package of pro-Second Amendment legislation has been introduced in the Michigan House. House Bills 5653–5657 would make Michigan the 30th state in the nation to recognize Constitutional Carry, allowing individuals who are legally permitted ...

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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.