Explore The NRA Universe Of Websites

First Amendment Defends the Second

Monday, December 16, 2019

First Amendment Defends the Second

On April 24, 2019, shortly after the City of Los Angeles adopted an ordinance that was clearly designed to weaken support for the Second Amendment, NRA filed a lawsuit, calling the city’s outrageous action a violation of the First Amendment. Last week, U.S. District Judge Stephen Wilson issued a preliminary injunction against Los Angeles, temporarily blocking it from enforcing the ordinance.

The ordinance required current and prospective contractors working with the city to disclose any relationships with the NRA: a shameless, McCarthy-like effort clearly designed to force those who would normally support NRA to drop any affiliation out of fear of losing business with Los Angeles.

Judge Wilson made clear in his ruling that the ordinance was an attempt to silence NRA, writing, “In this case, the text of the Ordinance, the Ordinance’s legislative history, and the concurrent public statements made by the Ordinance’s primary legislative sponsor evince a strong intent to suppress the speech of the NRA.”                              

Addressing NRA’s challenge, Wilson wrote, “The NRA believes the public is served by protecting First Amendment rights.” He also stated, “Plaintiffs have provided ample evidence of a likely First Amendment violation...”

The ordinance labors to make an unsupportable connection between its disclosure requirement and the goal of reducing violent crime involving firearms, especially mass shootings. Regarding this, Wilson wrote, “The City has provided nothing to demonstrate the causal connection between pro-firearm speech and mass shootings.”

“To justify the required disclosure,” Wilson noted, “the Ordinance states an interest in ‘promot[ing] gun safety and sensible gun ownership.’...but this Ordinance has no relationship to achieving that interest.”

Granting a preliminary injunction is considered “extraordinary relief,” and somewhat outside normal court proceedings. There are a number of criteria NRA had to meet in order to achieve this important victory. Perhaps foremost is the burden of proving the likelihood of ultimate success in getting the ordinance overturned.

Throughout his ruling, Judge Wilson made clear his views on the ordinance, as well as the likelihood of it surviving full judicial review. He stated, “The City’s intent, as established by the overwhelming evidence on this record, is to suppress the message of the NRA. Such motivation is impermissible under the First Amendment and provides no justification for the Ordinance.”

Wilson added, “The Ordinance is therefore incompatible with the Constitution, and Plaintiffs are likely to be successful on the merits of their First Amendment speech claims.

While this ruling is a tremendous victory for NRA and advocates of both the First and Second Amendments, it is by no means a final victory. Los Angeles could choose to appeal the decision, and the case itself is still pending. The injunction merely means Los Angeles cannot enforce the ordinance, for now. Of course, we will keep you apprised on any updates on this important case.

TRENDING NOW
NRA-ILA Backed Lawsuit Filed Challenging Oregon Measure 114

Thursday, December 1, 2022

NRA-ILA Backed Lawsuit Filed Challenging Oregon Measure 114

Today an NRA-backed lawsuit was filed challenging Ballot Measure 114, which voters passed by a slim margin last month. Measure 114 creates a falsely labeled “permit to purchase” a firearm requirement and bans standard capacity magazines, which it ...

Recent ATF Action Shows Need for Suppressor Reform

News  

Monday, March 14, 2022

Recent ATF Action Shows Need for Suppressor Reform

As we reported last week, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) denied approximately 850 Form 1 applications for prospective makers of suppressors on February 28. These denials were apparently made due to ...

NY AG James Sends Threatening Letter to Ammunition Sellers

News  

Monday, November 21, 2022

NY AG James Sends Threatening Letter to Ammunition Sellers

In a move that surprised absolutely nobody, anti-gun New York Attorney General Letitia James (D) announced last week that she would expand her assault on the Second Amendment by targeting ammunition sellers. AG James claimed, ...

Colorado: Broomfield City Moves to Adopt Gun Control Package to Diminish Second Amendment Rights!

Thursday, December 1, 2022

Colorado: Broomfield City Moves to Adopt Gun Control Package to Diminish Second Amendment Rights!

Earlier this week, Broomfield City Council advanced a gun control package to impose on law-abiding citizens.  The second reading will be held in January.  In truth, none of the slew of regulations will stop criminals ...

Maryland: Montgomery County Passes Carry Restrictions

Wednesday, November 16, 2022

Maryland: Montgomery County Passes Carry Restrictions

Maryland’s most anti-gun county has continued its tantrum, lashing out against lawful carry in the only way it thinks it can. Yesterday, the Montgomery County Council voted unanimously to pass Bill 21-22E, to remove the exemption ...

Public Lands Lawsuit Settled—All Lands Remain Open to Hunting

Thursday, December 1, 2022

Public Lands Lawsuit Settled—All Lands Remain Open to Hunting

In 2020, the U.S. Fish and Wildlife Service expanded hunting and fishing opportunities on more than 2.3 million acres of land. That decision was challenged in federal court, and the NRA, Safari Club International, Sportsmen’s ...

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

News  

Friday, April 1, 2022

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

Half the country will now enjoy the freedom to carry a handgun for self-defense without a permit from the state thanks to the tireless efforts of men and women of the National Rifle Association. 

Ohio: Emergency Powers Bill Advances to House Floor

Thursday, December 1, 2022

Ohio: Emergency Powers Bill Advances to House Floor

Today, the House Government Oversight committee voted 8-5 to pass Senate Bill 185, to guarantee that Second Amendment rights remain protected during emergencies. It will now go to the House floor for further consideration.

DOJ Releases Biden Gun Confiscation Order Legislation

News  

Wednesday, June 9, 2021

DOJ Releases Biden Gun Confiscation Order Legislation

DOJ has made clear that Garland’s selective definition of “civil rights” has no room for the Second Amendment...

Hawaii: Honolulu Seeks to Severely Restrict Carry

Monday, November 28, 2022

Hawaii: Honolulu Seeks to Severely Restrict Carry

Tomorrow, Tuesday, November 29th, the Honolulu City Council will hear an ordinance to prohibit citizens from exercising their right-to-carry in many places. This is an attempt to ignore the U.S. Supreme Court’s NYSRPA v. Bruen ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.