NRA Explore
APPEARS IN Legal & Legislation

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 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.




Wednesday, November 25, 2015

Appropriations Act Signed Into Law With Important Pro-Second Amendment Provisions

On Wednesday, November 25, the President signed S. 1356, the National Defense Authorization Act for Fiscal Year 2016 into law. Included in the bill were some very important pro-gun provisions that represent the culmination of long-term efforts by ...


Friday, May 15, 2015

Obama Administration Opposes CMP Handgun Sales

The House of Representatives has approved Congressman Mike D. Rogers’ amendment to the National Defense Authorization Act, which—if accepted in ...

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 ...


Friday, November 20, 2015

“F” Stands for Fail: Gun Turn-in Event Nets a Stack of Paper Pledges and Some Surplus Sporting Goods

Recently, we reported on Hillary Clinton’s praise for local firearm “buyback” events and her view that forcing Americans to participate ...


Friday, November 27, 2015

President Obama Signs NRA-Backed Measures into Law

President Barack Obama signed into law the National Defense Authorization Act (NDAA). It includes several NRA-backed provisions -- expanding gun rights on stateside military bases; prohibiting the Environmental Protection Agency (EPA) from banning traditional ammunition; and saving taxpayer dollars ...


Friday, November 20, 2015

Anti-gun Politicians, Media Exploit Paris Attacks in “Terrorist Gap” Rehash

The Paris terrorist attacks were not easily pinned on America’s supposedly lax gun laws or the NRA, but ...


Friday, November 20, 2015

Brussels Pushes Gun Control in Wake of Paris Attacks

On November 18, the European Commission expedited a plan to overhaul the European Union’s already restrictive gun control laws. The ...


Friday, November 20, 2015

Overwhelming 81 Percent of Current and Former Military have Unfavorable View of Clinton

More bad news for Hillary Clinton. Coming off the heels of survey results that found the former Secretary ...

Washington Times  

Wednesday, November 25, 2015

White House to GOP: Worry about gun control

The White House said Monday that Republicans concerned about Syrian refugees waging terrorist attacks in the U.S. should focus their energy instead on banning guns sales to people on the government’s terrorist watch list.

Tuesday, November 24, 2015

Michigan: Governor Snyder Signs Firearm Inheritance Protection Act

Today, November 24, Governor Rick Snyder (R) signed Senate Bills 225 and 226.


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.