Firearms Policy Coalition

FPC Second Amendment Lawsuit Against Wake County, NC Sheriff May Proceed iStock-1055138108
U.S.A. –-(AmmoLand.com)- Federal District Court Judge Louise Flanagan of the Eastern District of North Carolina ordered that FPC’s lawsuit against Wake County, North Carolina Sheriff Gerald M. Baker can proceed. The opinion in Stafford v. Baker can be found at FPCLegal.org.

As part of FPC’s nationwide efforts to address closures and shut-downs during the initial phase of the COVID-19 pandemic, the Organization filed the lawsuit last March in response to Baker’s decision to shut down his firearm permit processing, refusing new applications for pistol purchase permits and handgun carry permits. By partially denying the Sheriff’s motion to dismiss the lawsuit, “plaintiffs’ claims for nominal damages under 42 U.S.C. § 1983 … and associated claims for declaratory relief and attorney’s fees” may proceed and the case will move on to the discovery phase of trial.

A “a complete suspension in accepting [pistol permit] applications does not reasonably fit with the government objective to ameliorate ‘concerns over social distancing’ and ‘concerns related to the COVID-19 pandemic,’” the Court’s order held. “Nor does a complete suspension in accepting [permit] applications reasonably fit a problem of high volumes of permit applications.” “Rather,” the opinion states, “the corrective measure chosen under the facts alleged is at best a blunt, or tangentially related, measure for addressing the concerns noted. Indeed, based on the allegations in the complaint, it is plausible to infer that defendant suspended acceptance of applications due to inability to process a high volume of applicants at a time of acute public need, under the guise of generally articulated ‘public health concerns.’”
“We are pleased with the Court’s appropriate decision to allow this important Second Amendment case to continue and FPC looks forward to holding Sheriff Baker accountable for the constitutional violations he caused last year,” said Adam Kraut, FPC’s Director of Legal Strategy. “As the Supreme Court has recently recognized, even in a pandemic, the Constitution cannot be put away and forgotten. We look forward to vindicating the rights of our plaintiffs and members of the public.”

Firearms Policy Coalition and its FPC Law team are the nation’s next-generation advocates leading the Second Amendment litigation and research space, having recently filed two United States Supreme Court petitions for certiorari (review) (Folajtar v. Attorney General and Holloway v. Attorney General) and several major federal Second Amendment lawsuits, including challenges to the State of Maryland’s ban on “assault weapons” (Bianchi v. Frosh), the State of Pennsylvania’s and Allegheny County’s carry restrictions (Cowey v. Mullen), Philadelphia’s Gun Permit Unit policies and practices (Fetsurka v. Outlaw), Pennsylvania’s ban on carry by adults under 21 years of age (Lara v. Evanchick), California’s Handgun Ban and “Roster” laws (Renna v. Becerra), Maryland’s carry ban (Call v. Jones), New Jersey’s carry ban (Bennett v. Davis), New York City’s carry ban (Greco v. New York City), the federal ban on the sale of handguns and handgun ammunition by federal firearm licensees (FFLs) to adults under 21 years of age (Reese v. BATFE), and others, with many more cases being prepared today. To follow these and other legal cases FPC is actively working on, visit the Legal Action section of FPC’s website or follow FPC on Instagram, Twitter, Facebook, YouTube.

About Firearms Policy Coalition
Firearms Policy Coalition (firearmspolicy.org) is a 501(c)4 nonprofit organization. FPC’s mission is to protect and defend constitutional rights—especially the right to keep and bear arms—advance individual liberty, and restore freedom through litigation and legal action, legislative and regulatory action, education, outreach, grassroots activism, other programs. FPC Law is the nation’s largest public interest legal team focused on Second Amendment and adjacent fundamental rights including freedom of speech and due process, conducting litigation, research, scholarly publications, and amicus briefing, among other efforts.

Former VP Joe Biden yelling at dozens of his supporters at a rally. IMG NRA-ILA
U.S.A. –-(AmmoLand.com)- President Biden renewed his declaration of intent to launch a new assault upon the People of the United States and their rights and property, “calling on Congress to enact” unconstitutional and immoral policies including bans on common semi-automatic firearms and ammunition magazines. Prior to the election, FPC warned that the Biden-Harris campaign, which promised a massive number of new and expanded anti-rights policies, was “a clear and present danger to liberty, freedom, the Constitution, and the values that have made America the greatest country in the world” and “a uniquely grave threat to all that we hold dear[.]”

The Biden Administration’s promise to enact “gun law reforms” is nothing less than calling for further tyranny and paternalism cloaked in the false promise of so-called “public safety.” FPC remains firm in its belief that laws which threaten the rights, liberty, and property of the People are immoral, should be abolished, and must be fiercely opposed by all Americans who value liberty and the Republic.

The recently seated 177th Congress has already introduced nearly five-dozen firearm-related bills, many of them outrageous acts to criminalize constitutionally protected items and conduct. And following the President’s statement yesterday, House Speaker Nancy Pelosi similarly promised to pass a range of gun control legislation. And since his inauguration, President Biden has already signed 30 executive orders, showing that he is unafraid of constitutional limits on executive powers, and will, to the extent he deems acceptable, use ‘a pen and a phone’ to implement his dangerous and un-American agenda.

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FPC will continue to closely review proposed legislation, regulations, and executive actions for statutory violations, constitutional violations, and violations of the Administrative Procedure Act. And as we have before, such as in the case of former President Trump’s bumpstock ban, FPC will take whatever actions are necessary, possible, and prudent to protect the rights and liberty of law-abiding gun owners and our members against immoral and unconstitutional laws, as well as abusive government agencies and policies.
Individuals who wish to fight and oppose gun control bills can send a message to Congress at FPCAction.org and join the FPC Grassroots Army for just $25 at JoinFPC.org.
Firearms Policy Coalition and its FPC Law team are the nation’s next-generation advocates leading the Second Amendment litigation and research space, having recently filed two United States Supreme Court petitions for certiorari (review) (Folajtar v. Attorney General and Holloway v. Attorney General) and several major federal Second Amendment lawsuits, including challenges to the State of Maryland’s ban on “assault weapons” (Bianchi v. Frosh), the State of Pennsylvania’s and Allegheny County’s carry restrictions (Cowey v. Mullen), Philadelphia’s Gun Permit Unit policies and practices (Fetsurka v. Outlaw), Pennsylvania’s ban on carry by adults under 21 years of age (Lara v. Evanchick), California’s Handgun Ban and “Roster” laws (Renna v. Becerra), Maryland’s carry ban (Call v. Jones), New Jersey’s carry ban (Bennett v. Davis), New York City’s carry ban (Greco v. New York City), the federal ban on the sale of handguns and handgun ammunition by federal firearm licensees (FFLs) to adults under 21 years of age (Reese v. BATFE), and others, with many more cases being prepared today. To follow these and other legal cases FPC is actively working on, visit the Legal Action section of FPC’s website or follow FPC on Instagram, Twitter, Facebook, YouTube.
About Firearms Policy Coalition
Firearms Policy Coalition (www.firearmspolicy.org) is a 501(c)4 nonprofit organization. FPC’s mission is to protect and defend constitutional rights—especially the right to keep and bear arms—advance individual liberty, and restore freedom through litigation and legal action, legislative and regulatory action, education, outreach, grassroots activism, and other programs. FPC Law is the nation’s largest public interest legal team focused on Second Amendment and adjacent fundamental rights including freedom of speech and due process, conducting litigation, research, scholarly publications, and amicus briefing, among other efforts.

FPC, Law Professors, and Georgia First Amendment Foundation File Amicus Brief Arguing that Lawful Businesses Should Not be Liable for Harms Caused by the Businesses’ Adversaries
U.S.A. –-(AmmoLand.com)- Firearms Policy Coalition (FPC) announced the filing of an important amicus brief with the Georgia Court of Appeals in McBrayer, et al. v. The Governors Ridge Property Owners Association, Inc., et al. The brief, authored and filed by UCLA law professor Eugene Volokh and Georgia attorney Darren Summerville, with the help of UCLA law student Madison Way, is available at FPCLegal.org.

The Governors Ridge Property Owners Association brought a nuisance action against the owner and operators of an OB-GYN clinic, arguing that the clinic was a nuisance due to the anti-abortion protestors who regularly gathered outside the office. A jury agreed—even though the medical clinic was lawfully operated and properly licensed—and found the owner and operators liable for over $1.5 million in damages.

FPC, along with a diverse group of law professors and the Georgia First Amendment Foundation, filed an amicus brief in support of the clinic’s owner and operators. The brief argued that “under the lower court’s reasoning, many controversial businesses and organizations—churches, synagogues, mosques, bookstores, gun stores, political party offices, and more—may face economic ruin and be forced to shut down because they are targeted by protesters or criminals (or are even just morally disapproved of by their neighbors, despite being completely legal). Opponents could picket or attack those entities until neighbors file a nuisance lawsuit, forcing the opponents’ targets to either pay massive damages or to abate the nuisance by closing up shop, which is the opponents’ goal.” This would “create[] incentives for people to commit crimes; and . . . undermine[] the legal and constitutional rights of law-abiding businesses and their customers.”

“Regardless of how one feels about a particular business, if it is a lawful business, it should not have to bow to the demands of criminals or even those who oppose it on moral grounds,” noted FPC’s Director of Research Joseph Greenlee. “The trial court’s decision set a dangerous precedent for gun shops and firing ranges, which also sometimes face opposition on political and moral grounds, so we hope the court of appeals will reverse that decision.”
Professor Volokh added, “I very much appreciate Firearms Policy Coalition’s participating in this case — their presence helps show the court that this case is about the broad right to conduct a lawful business — and about a broad range of constitutional rights — and not just an ‘abortion clinic’ case.”

Firearms Policy Coalition and its FPC Law team are the nation’s next-generation advocates leading the Second Amendment litigation and research space, having recently filed two United States Supreme Court petitions for certiorari (review) (Folajtar v. Attorney General and Holloway v. Attorney General) and several major federal Second Amendment lawsuits, including challenges to the State of Maryland’s ban on “assault weapons” (Bianchi v. Frosh), the State of Pennsylvania’s and Allegheny County’s carry restrictions (Cowey v. Mullen), Philadelphia’s Gun Permit Unit policies and practices (Fetsurka v. Outlaw), Pennsylvania’s ban on carry by adults under 21 years of age (Lara v. Evanchick), California’s Handgun Ban and “Roster” laws (Renna v. Becerra), Maryland’s carry ban (Call v. Jones), New Jersey’s carry ban (Bennett v. Davis), New York City’s carry ban (Greco v. New York City), the federal ban on the sale of handguns and handgun ammunition by federal firearm licensees (FFLs) to adults under 21 years of age (Reese v. BATFE), and others, with many more cases being prepared today. To follow these and other legal cases FPC is actively working on, visit the Legal Action section of FPC’s website or follow FPC on Instagram, Twitter, Facebook, YouTube.
About Firearms Policy Coalition
Firearms Policy Coalition (firearmspolicy.org) is a 501(c)4 nonprofit organization. FPC’s mission is to protect and defend constitutional rights—especially the right to keep and bear arms—advance individual liberty, and restore freedom through litigation and legal action, legislative and regulatory action, education, outreach, grassroots activism, and other programs. FPC Law is the nation’s largest public interest legal team focused on Second Amendment and adjacent fundamental rights including freedom of speech and due process, conducting litigation, research, scholarly publications, and amicus briefing, among other efforts.

Firearms Policy Coalition: Nonviolent Felons Have Second Amendment Rights
U.S.A. –-(AmmoLand.com)- Firearms Policy Coalition (FPC) and Firearms Policy Foundation (FPF) announced the filing of an important United States Supreme Court brief in the case of Flick v. Wilkinson, a case challenging the federal lifetime firearms prohibition for felons. The brief, authored by FPC’s Director of Constitutional Studies, Joseph Greenlee, is FPC’s fourth U.S. Supreme Court brief filed in less than three weeks, and FPF’s third, and is available at FPCLegal.org.

In 1987, Mr. Flick was convicted of copyright violation and smuggling for importing counterfeit cassette tapes. After serving four-and-a-half months in a halfway house and completing probation and community service, Mr. Flick has been a law-abiding citizen ever since. But he is nonetheless prohibited from possessing a firearm for the rest of his life under federal law. Mr. Flick challenged the lifetime ban for felons as it applies to him—a peaceable citizen who has been law-abiding for over three decades—alleging that it violates his right to keep and bear arms protected by the Second Amendment. The Eleventh Circuit Court of Appeals ruled against him, and he petitioned the United States Supreme Court to review his case.

FPC and FPF filed a brief in support of Mr. Flick’s petition that provides the Court with a deep historical analysis covering arms prohibitions from medieval England to mid-twentieth century America, proving that only violent people have traditionally been prohibited from possessing arms throughout both American history and the English tradition it builds upon. The federal prohibition on nonviolent criminals, like Mr. Flick, is thus not supported by the original public meaning and understanding of the Second Amendment.

“Mr. Flick committed a nonviolent crime nearly 35 years ago, and has been a law-abiding citizen ever since,” said FPC’s Joseph Greenlee. “The founders never intended for someone like him to be deprived of the right to own a firearm for any period of time, not to mention for life. We’re hopeful that the Court will grant certiorari and clarify that nonviolent persons, like Mr. Flick, cannot be prohibited from owning a firearm.”

In December, FPC filed petitions for certiorari in two similar cases, Holloway v. Robert M. Wilkinson, Acting Attorney General, et al. and Folajtar v. Robert M. Wilkinson, Acting Attorney General, et al. Those petitions are pending briefing.
Firearms Policy Coalition and its FPC Law team are the nation’s next-generation advocates for the right to keep and bear arms and adjacent issues, having recently filed many major federal Second Amendment lawsuits, including challenges to the State of Maryland’s ban on “assault weapons” (Bianchi v. Frosh), the State of Pennsylvania’s and Allegheny County’s carry restrictions (Cowey v. Mullen), Philadelphia’s Gun Permit Unit policies and practices (Fetsurka v. Outlaw), Pennsylvania’s ban on carry by adults under 21 years of age (Lara v. Evanchick), California’s Handgun Ban and “Roster” laws (Renna v. Becerra), Maryland’s carry ban (Call v. Jones), New Jersey’s carry ban (Bennett v. Davis), New York City’s carry ban (Greco v. New York City), the federal ban on the sale of handguns and handgun ammunition by federal firearm licensees (FFLs) to adults under 21 years of age (Reese v. BATFE), and others, with many more cases being prepared today. To follow these and other legal cases FPC is actively working on, visit the Legal Action section of FPC’s website or follow FPC on Instagram, Twitter, Facebook, YouTube.
About Firearms Policy Coalition
Firearms Policy Coalition (www.firearmspolicy.org) is a 501(c)4 nonprofit organization. FPC’s mission is to protect and defend constitutional rights—especially the right to keep and bear arms—advance individual liberty, and restore freedom through litigation and legal action, legislative and regulatory action, education, outreach, grassroots activism, and other programs. FPC Law is the nation’s largest public interest legal team focused on Second Amendment and adjacent fundamental rights including freedom of speech and due process, conducting litigation, research, scholarly publications, and amicus briefing, among other efforts.

About Firearms Policy Foundation
Firearms Policy Foundation (www.firearmsfoundation.org) is a grassroots 501(c)3 nonprofit public benefit organization. FPF’s mission is to protect and defend the Constitution of the United States and the People’s rights, privileges, and immunities deeply rooted in this Nation’s history and tradition—especially the inalienable, fundamental, and individual right to keep and bear arms.

Firearms Policy Coalition announced the filing of an amicus brief with the U.S. Supreme Court in the case of Maryland Shall Issue v. Hogan.
The post FPC Supreme Court Brief: Maryland Bump-stock Ban is Unconstitutional appeared first on AmmoLand.com.

Former Obama VP and openly populist Democratic Presidental frontrunner, Joe Biden will have his VP candidate chosen based on numerous foolish metrics. Intersectionality, identity politics, and of course, strict gun-control policies.
U.S.A. –-(AmmoLand.com)- Firearms Policy Coalition has released the following statement after Congress today affirmed the Electoral College vote for President-elect Joe Biden and Vice President-elect Kamala Harris:

As we have said before, President-elect Joe Biden and Vice President-elect Kamala Harris represent a clear and present danger to liberty, freedom, the Constitution, and the values that have made America the greatest country in the world. Given the results of the Georgia runoff election, anti-rights politicians and bureaucrats are set to control the Congress, the White House, and the administrative state, including the rogue Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Biden and Harris have made it clear that their dangerous agenda includes incredibly expansive and unconstitutional gun control policies, and that they expect Congress to pass many new laws restricting rights, conduct, and property. Indeed, since the 117th Congress was sworn in, many statist, anti-American gun control bills have already been introduced.

In the coming months and years, the attacks on our fundamental rights and liberty will likely be unprecedented, relentless, and lawless. From expanding categories of prohibited persons and “red flag” laws to “universal background checks,” bans on free speech and ‘3D’ printing technology, encryption bans, deplatforming, “Operation Choke Point” and banking restrictions, new prohibitions and restrictions on firearms, magazines, ammunition, and other constitutionally protected arms, expansion of the irrational National Firearms Act, laws to incarcerate thousands more people every year, and, sadly, much, much more. It is not hyperbole to say that the Biden-Harris era may be the most challenging of our lifetimes.
However, as we have explained before, our fundamental rights do not come from the government, the people, or even the Constitution itself. Our right to keep and bear arms exists with or without official legal recognition of it, with or without judicial enforcement of it, and with or without a desire for them to be exercised or respected.
FPC and our Grassroots Army members are resolved to aggressively counter these unconstitutional and immoral proposed policies and unforgivable infringements of our natural, human rights. Our FPC Law team is steeled and prepared to take on important issues and many new lawsuits. And we are confident that, if we hold fast and work together, the right to keep and bear arms—and our Republic—will endure. FPC will continue to fiercely execute our advancement strategy, fight forward based on philosophy and principles, defend and restore the rights and liberty of the People, and create a world of maximal individual liberty.
Firearms Policy Coalition (firearmspolicy.org) and its FPC Law team are the nation’s next-generation advocates leading the Second Amendment litigation and research space, having recently filed two United States Supreme Court petitions for certiorari (review) (Folajtar v. Attorney General and Holloway v. Attorney General) and several major federal Second Amendment lawsuits, including challenges to the State of Maryland’s ban on “assault weapons” (Bianchi v. Frosh), the State of Pennsylvania’s and Allegheny County’s carry restrictions (Cowey v. Mullen), Philadelphia’s Gun Permit Unit policies and practices (Fetsurka v. Outlaw), Pennsylvania’s ban on carry by adults under 21 years of age (Lara v. Evanchick), California’s Handgun Ban and “Roster” laws (Renna v. Becerra), Maryland’s carry ban (Call v. Jones), New Jersey’s carry ban (Bennett v. Davis), New York City’s carry ban (Greco v. New York City), the federal ban on the sale of handguns and handgun ammunition by federal firearm licensees (FFLs) to adults under 21 years of age (Reese v. BATFE), and others, with many more cases being prepared today. To follow these and other legal cases FPC is actively working on, visit the Legal Action section of FPC’s website or follow FPC on Instagram, Twitter, Facebook, YouTube.
FPC’s mission is to protect and defend constitutional rights—especially the right to keep and bear arms—advance individual liberty, and restore freedom through litigation and legal action, legislative and regulatory action, education, outreach, grassroots activism, and other programs. FPC Law is the nation’s largest public interest legal team focused on Second Amendment and adjacent fundamental rights including freedom of speech and due process, conducting litigation, research, scholarly publications, and amicus briefing, among other efforts. FPC is a 501(c)4 nonprofit organization.
NOTICE — POTENTIAL PLAINTIFFS NEEDED!
FPC is urgently seeking individual and FFL plaintiffs for a number of lawsuits that are being prepared to challenge laws and policies that infringe on fundamental rights, including (but not limited to):
Laws and policies that prevent individuals from purchasing and/or possessing so-called “assault weapons” (semi-automatic firearms with standard characteristics) and “high-capacity” magazines (standard magazines that hold more than 10 rounds)
Laws and policies that prevent adults over the age of 18 but under the age of 21 from purchasing handguns from FFLs
Laws and policies that prevent adults over the age of 18 but under the age of 21 from carrying loaded handguns and other arms outside of their home
Laws and policies that prevent individuals from acquiring and/or possessing handguns and other arms without first acquiring a “purchase permit”
Laws and policies that prevent individuals from acquiring or possessing firearms due to a conviction for a non-violent crime, or mental health adjudication that did not involve an involuntary commitment
Laws that prevent honorably discharged veterans from acquiring or possessing firearms because they have been classified as “a mental defective” due to the agency’s determination that they “lack the mental capacity to contract or manage his or her own affairs” because they need assistance managing VA benefits and have a fiduciary
If someone you know meets the criteria above, or if you would be interested in participating in litigation as a supporting FFL, please contact us:
On the web at www.firearmspolicy.org/hotline
By email at potentialplaintiffs[at]fpchq.org
By phone at (855) 252-4510 (FPC Legal Action Hotline available 24/7/365)
If you would like to support FPC’s many pro-Second Amendment lawsuits, legal action, and research, please chip in $5, $10, $25, or whatever you can at https://www.firearmspolicy.org/donate or Join the FPC Grassroots Army at JoinFPC.org.

About Firearms Policy Coalition
Firearms Policy Coalition (firearmspolicy.org) is a 501(c)4 nonprofit organization. FPC’s mission is to protect and defend constitutional rights—especially the right to keep and bear arms—advance individual liberty, and restore freedom through litigation and legal action, legislative and regulatory action, education, outreach, grassroots activism, other programs. FPC Law is the nation’s largest public interest legal team focused on Second Amendment and adjacent fundamental rights including freedom of speech and due process, conducting litigation, research, scholarly publications, and amicus briefing, among other efforts.