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Gun Rights Legal Action
Current Litigation Index:
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Past Litigation Index:
SAF Sues Nebraska Over Carry Prohibition For Resident Aliens
The Second Amendment Foundation today filed a motion for injunctive relief against Nebraska officials over a statutory prohibition that prevents non-citizens legally residing in the state from obtaining a concealed carry permit.
- District Court case docket: Carlos Nino De Rivera LaJous v. Bruning
SAF Sues Over Missouri Ban On CCW By Legal Resident Aliens
The Second Amendment Foundation has filed a federal lawsuit on behalf of a Canadian citizen who is a legal resident of Missouri, challenging that state’s statutory prohibition on the carrying of concealed firearms by non-citizens.
- District Court case docket: Plastino v. Koster
SAF Sues Alameda County For Civil Rights Violation In Gun Shop Case
The Second Amendment Foundation today filed a federal lawsuit against Alameda County, California and the county’s Board of Supervisors for violating the constitutional rights of three businessmen by wrongfully denying them permits to open a gun shop.
- District Court case docket: Teixeira v. County of Alameda
SAF, CalGuns Foundation Sue Oakland, San Francisco Police
The Second Amendment Foundation has filed a federal lawsuit against the police departments in San Francisco and Oakland, California for refusing to return firearms to people who had been charged with crimes, but subsequently cleared of any wrongdoing.
- District Court case docket: Churchill v. Harris
SAF Sues New Mexico Over Law Barring CCW Permits For Legal Resident Aliens
The Second Amendment Foundation today filed a lawsuit in federal district court in New Mexico challenging that state’s prohibition on the issuance of concealed carry permits to legal resident aliens.
- District Court case docket: Jackson v. King
SAF Sues Over Public Housing Gun Ban In Warren Co, Illinois
The Second Amendment Foundation has filed a federal lawsuit against the Warren County, Illinois Housing Authority, seeking an injunction against the WCHA’s ban on personally-owned firearms by residents of government-subsidized housing.
- District Court case docket: Winbigler v. WCHA
SAF Wins Injunction v. Chicago Gun Range Ban
In a 3-0 ruling issued July 6, the U.S. Court of Appeals for the Seventh Circuit has reversed a lower court ruling and ordered that court to issue a preliminary injunction against the City of Chicago on behalf of the Second Amendment Foundation that prevents the city from banning gun ranges inside city limits.
- District Court case docket: Ezell v. Chicago
- Ezell 7th Circuit Oral Argument (mp3)
- Appeals Court Ruling: Ezell v. Chicago
Amicus in San Diego Gun Permit Case
The Second Amendment Foundation has filed an amicus brief in a California case that challenges the constitutionality of discretionary gun permit rules adopted by officials in San Diego County, California.
- Amicus Curiae Brief (pdf)(110 Kb)
- Case docket of original lawsuit: Peruta v. County of San Diego
California "Assault Weapons" Arrest Lawsuit
SAF and Calguns Foundation have filed a lawsuit in U.S. District Court in California, seeking damages for an unlawful arrest and to have the state’s definition of so-called “assault weapons” declared unconstitutionally vague.
- Case docket: Richards v. Harris
Illinois Right to Carry Lawsuit
The Second Amendment Foundation has filed suit in federal court in Illinois, challenging the state’s complete prohibition on the carrying of firearms in public for the purpose of self-defense.
- Case docket: Moore v. Madigan
- Listen to 7th Circuit Court of Appeals Oral Argument here.
- Read the opinion denying a petition for rehearing en banc here.
SAF Challenges Ban on Interstate Handgun Sales
The Second Amendment Foundation has filed suit in U.S. District Court in Virginia challenging the constitutionality of federal and Virginia provisions barring handgun sales to non-residents.
- Case docket: Lane v. Holder
SAF Sues Over Massachusetts Gun Ban For Legal Alien Residents
The Second Amendment Foundation has filed a federal lawsuit challenging a law in the Commonwealth of Massachusetts that denies legal resident aliens the licenses required to possess a handgun in the home for self-defense, or purchase any kind of firearm or ammunition.
- Case docket: Fletcher v. Haas
SAF Files Federal Lawsuit Against Bloomberg Over Gun Permit Fees
SAF has filed a federal civil rights lawsuit against New York Mayor Michael Bloomberg that alleges New York City’s $340 fee for a permit to keep a handgun in the home is “excessive and...impermissibly burdens the Second Amendment right to keep and bear arms.”
- Case docket: Kwong v. Bloomberg
SAF Sues N.J. Officials For 'Deprivation of Civil Rights' On Permit Denials
The Second Amendment Foundation today filed suit in U.S. District Court for the District of New Jersey against several New Jersey officials for deprivation of civil rights under color of law.
- Case docket: Piszczatoski v. Maenza
(formerly Muller v. Maenza)
SAF Sues Eric Holder, FBI Over Misdemeanor Gun Rights Denial
Acting on behalf of a Georgia resident and honorably discharged Vietnam War veteran, the Second Amendment Foundation today filed a lawsuit against Attorney General Eric Holder and the Federal Bureau of Investigation over enforcement of a federal statute that can deny gun rights to someone with a simple misdemeanor conviction on his record.
- Case docket: Schrader v. Holder
SAF Sues in Maryland Over Handgun Permit Denial
The Second Amendment Foundation and a Baltimore County, MD man today sued Maryland authorities in federal court because the man’s handgun permit renewal was turned down on the grounds that he could not demonstrate "a reasonable precaution against apprehended danger."
- Case docket: Woolard v. Sheridan
SAF Sues in New York to Void 'Good Cause' Carry Permit Requirement
The Second Amendment Foundation has filed a federal lawsuit against Westchester County, New York and its handgun permit licensing officers, seeking a permanent injunction against enforcement of a state law that allows carry licenses to be denied because applicants cannot show "good cause."
- Petition for Cert in Kachalsky v. Cacace
- Twenty Attorneys General Amicus
- Center for Constitutional Jurisprudence Amicus
- NRA Amicus
- CATO Amicus
- Scholars' Amicus
- ACRU Amicus
- 2A Groups Amicus
SAF Sues to Overturn North Carolina's 'Emergency Powers' Gun Bans
The Second Amendment Foundation filed a federal lawsuit in North Carolina, seeking a permanent injunction against the governor, local officials and local governments from declaring states of emergency under which private citizens are prohibited from exercising their right to bear arms.
- Case docket: Bateman v. Purdue
SAF Sues District of Columbia over Carrying of Handguns
The Second Amendment Foundation today filed a lawsuit on behalf of three residents of the District of Columbia and a New Hampshire resident, seeking to compel the city to issue carry permits to law-abiding citizens.
- Case docket: Palmer v. DC
Gun Rights Organizations File Lawsuit to Stop Seattle Ban
The Second Amendment Foundation, National Rifle Association and five local residents today filed a lawsuit challenging a new Seattle parks regulation that bans firearms, arguing that the ban violates Washington State�s long-standing preemption statute. They are joined by the Citizens Committee for the Right to Keep and Bear Arms and the Washington Arms Collectors.
Documents for Chan v. Seattle:
SAF Challenges Arbitrary Denial of Right to Bear Arms in California
The Second Amendment Foundation, Calguns Foundation and three California residents filed a lawsuit seeking to vindicate the right to bear arms against arbitrary state infringement.
- Case docket: Richards v. Prieto
(formerly Sykes v. McGinness)
SAF Challenges California Handgun Ban Scheme
The Second Amendment Foundation, Calguns Foundation and four California residents filed a lawsuit challenging a regulation that arbitrarily bans handguns based on a roster of "acceptable" handguns approved by the State of California.
Click the links below to read the lawsuit filings. Requires the no-cost Adobe Acrobat Reader™ or other pdf viewer software.
- Case docket: Pena v. Cid
SAF Sues Eric Holder Over Gun Rights of Non-resident American Citizens
The Second Amendment Foundation has filed a lawsuit in U.S. District Court for the District of Columbia against Attorney General Eric Holder, seeking an injunction against enforcement of a federal law that makes it impossible for American citizens who reside outside the United States to purchase firearms while they are in this country.
- Case docket: Hodgkins v. Holder
SAF Challenges D.C. Handgun Ban Scheme
The Second Amendment Foundation and three Washington, D.C. residents today filed a lawsuit challenging a regulation by District of Columbia city government that arbitrarily bans handguns based on a roster of ‘acceptable’ handguns approved by the State of California.
- Case docket: Hanson v. DC
SAF, NRA Sue Washington State for Discriminating Against Alien Residents
The Second Amendment Foundation, joined by the National Rifle Association, today filed a lawsuit in federal court against the State of Washington, seeking to overturn a state law that discriminates against legal resident aliens who own firearms by violating their Second Amendment rights under the equal protections affirmed by the 14th Amendment.
- Case docket: NRA v. Washington
SAF Files Amicus Brief in Hayes Case
The Second Amendment Foundation has filed an amicus brief with the U.S. Supreme Court in the Supreme Court case of U.S. v. Hayes.
- Read the amicus brief here.
SAF Files Amicus Brief in Nordyke Case, Argues For Strict Scrutiny
The Second Amendment Foundation has filed an amicus curiae brief in the long-running Nordyke v. King case in California, arguing that Second Amendment issues must be decided on a "strict scrutiny" basis, and that an ordinance in Alameda County banning gun shows at the county fairgrounds is unconstitutional because it would not withstand that standard of review.
- Read the release announcing the Incorporation amicus.
- Read the release announcing the Strict Scrutiny amicus.
- Incorporation Amicus
- Strict Scrutiny Amicus
- More case info is available on the Calguns site here.
SAF Files Lawsuit Challenging Chicago's Handgun Ban
Following the 5-4 ruling by the U.S. Supreme Court in the case of District of Columbia v. Heller that the Second Amendment protects an individual civil right to keep and bear arms, and that a municipal gun ban violates that right, the Second Amendment Foundation (SAF) and the Illinois State Rifle Association (ISRA) filed a federal lawsuit challenging the City of Chicago's long-standing handgun ban. The case is McDonald v. City of Chicago.
Read the release announcing the lawsuit.
We maintain a separate website with news and case filings for this case at www.ChicagoGunCase.com.
SAF Files Amici Curiae Brief in Lawsuit; DC Gun Ban Ruled Unconstitutional
The Supreme Court has overturned the DC Gun Ban, ruling that the Second Amendment protects and individual right to keep and bear arms. Alan Gura, the attorney arguing for Americans' Gun Rights and one of the main forces behind the Heller (formerly Parker) case, has posted the filings to the Supreme Court. We have mirrored the some of the filings below.
For those who want to read *all* of the filings, Mr. Gura has made them available.
SAF, CCRKBA and Madison Society, along with a dozen university law professors, filed an amicus brief in the suit to overturn the DC Gun Ban. Additionally, 13 state Attorneys General filed an amici curiae brief in support of the SAF position to protect the right to Keep and Bear Arms.
- Parker Amicus Curiae Brief (pdf)(2 MB)
- State Attorneys General Amicus Brief (pdf)(1.5 MiB)
- Decision (pdf)(194 KiB)
- DC Application to Extend Certiorari (pdf)(164 KiB)
- Application Opposing Extention Of Certiorari (pdf)(95 KiB)
- Order Granting Certiorari (pdf)(40 KiB)
- Heller Amicus Curiae Brief (pdf)(230 KiB)
SAF Sues to Overturn San Francisco Gun Ban
The city appealled SAF's intial victory overturning the San Francisco Gun Ban. The California Appeals Court has unanimously ruled to uphold the lower court's decision, so SAF won again. The city then appealed to the California Supreme Court, which again ruled in SAF's favor.
Click the links below to read the lawsuit filings. Requires the no-cost Adobe Acrobat Reader™ or other pdf viewer software.
- Petition for Writ of Mandate (pdf)(4 MiB)
filed with Court of Appeals and referred back to Superior Court - Petition for Writ of Mandate (pdf)(3 MiB)
filed with Superior Court - Objection and Motion to Strike, Memorandum of Points & Authorities (pdf)(386 KiB)
- Reply to City's Opposition to Motion for Writ of Mandate (pdf)(1.7 MiB)
- Statement of Decision Granting Petition for Writ of Mandate (pdf)(1.5 MB)
- Appeals Court Decision (pdf)(85 KiB)
SAF Stops New Orleans Gun Confiscation
SAF has negotiated with the City of New Orleans to return the guns they illegally-siezed from law-abiding citizens in the aftermath of Hurrican Katrina. If you had a gun siezed, read these instructions on how to get it returned to you. If you have any problems please contact us.
Click the links below to read the lawsuit filings. Requires the no-cost Adobe Acrobat Reader™ or other pdf viewer software.
- Complaint For Declaratory And Injunctive Relief (pdf)
- Memorandum In Support Of Motion For Temporary Restraining Order And Preliminary Injunction (pdf)
- Consent Order (pdf)
- Motion to Hold Defendents, and Memorandum in Support of Motion to Hold Defendents C. Ray Nagin and Warren Riley In Contempt of the Consent Order (pdf)
- Memorandum in Opposition to Defendents Motion to Dismiss (pdf)
- Motion to Compel for Contempt (pdf)
- Order for Contempt (pdf)
- Consent Order (pdf)
SAF Sues Library System Over Internet Censorship of Gun Websites
The Second Amendment Foundation and three Washington State residents have filed a federal lawsuit against a north-central Washington regional library system for denying them access to websites that include information on firearms and publications dealing with guns.
Read the release announcing the lawsuit.
Click the links below to read the lawsuit filings. Requires the no-cost Adobe Acrobat Reader™ or other pdf viewer software.
- Complaint (pdf)(93 KiB)
SAF Files Texas Lawsuit Defending the Gun Rights of Citizens Living Abroad, Challenges 'Sporting Purpose' Restriction
The federal statutes being challenged ban the receipt, sale and purchase of firearms by U.S. citizens who claim legal residency outside the U.S. Expatriates cannot buy guns, and while they can receive guns for ‘lawful sporting purposes,’ they cannot do so for lawful self defense while visiting the U.S. The suit claims that these laws violate the Second and Fifth Amendments to the U.S. Constitution.
Click the links below to read the lawsuit filings. Requires the no-cost Adobe Acrobat Reader™ or other pdf viewer software.
- Complaint (pdf)(1.2 MB)
SAF Files Ohio Lawsuit Defending the Gun Rights of Citizens Living Abroad, Challenges 'Sporting Purpose' Restriction
The federal statutes being challenged ban the receipt, sale and purchase of firearms by U.S. citizens who claim legal residency outside the U.S. Expatriates cannot buy guns, and while they can receive guns for ‘lawful sporting purposes,’ they cannot do so for lawful self defense while visiting the U.S. The suit claims that these laws violate the Second and Fifth Amendments to the U.S. Constitution.
Click the links below to read the lawsuit filings. Requires the no-cost Adobe Acrobat Reader™ or other pdf viewer software.
- Complaint (pdf)(341 KiB)
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