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Today, FPC introduced the submitting of a brand new federal Second Amendment lawsuit, Michelle Nguyen, et al. v. California Attorney General Xavier Becerra, et al., difficult the State’s ban on buying a couple of handgun or semiautomatic, centerfire rifle in a 30-day interval. Plaintiffs on this motion embrace Firearms Policy Coalition, Second Amendment Foundation, three people, and two licensed firearm retailers in San Diego County. The criticism will be discovered at FPCLegal.org.
The State of California “unconstitutionally prohibit[s]—under pain of criminal penalty—the average, adult individual who is not prohibited from possessing and acquiring firearms— even those known to Defendants as such—from purchasing or receiving more than one handgun at a time,” the plaintiff’s criticism says. “And as of July of 2021, that prohibition will extend to all semiautomatic centerfire rifles, thus applying to two large categories of constitutionally protected firearms that are unquestionably in common use for lawful purposes.”
At the identical time, “[d]efendants allow a dozen categories of government-favored people to freely exercise the right to acquire and take possession of arms without being subject to delays or subjecting the transferee or licensee to criminal liability or the risk of arrest and prosecution.” These exempt classes embrace the “Hollywood” exemption, whereby the State of California carves out an exemption for his or her rich and influential associates within the enjoyment enterprise.
“The State of California currently prevents law abiding individuals, even those known to be fully eligible to exercise their right to keep and bear arms, from acquiring more than one handgun within a thirty day period,” defined FPC Attorney Anthony Miranda. “This will soon apply to semi-automatic, centerfire rifles as well. The State’s ban on the number of firearms that can be acquired in a single transaction is a clear violation of the individual right to keep and bear arms as well as a burden on the exercise of the fundamental right at stake here.”
“California’s ban on multiple-firearm purchases in a thirty day period is without rhyme or reason, particularly when that prohibition is compared to those who are exempt from the ban,” defined Adam Kraut, FPC’s Director of Legal Strategy. “Such a restriction on the acquisition of arms plainly violates an individual’s Second Amendment rights. We look forward to challenging this ban and are cautiously optimistic that the Court will find, as the D.C. Circuit already has, that the restriction is unconstitutional.”
Firearms Policy Coalition and its FPC Law staff are the nation’s next-generation advocates main the Second Amendment litigation and analysis area, having just lately filed two United States Supreme Court petitions for certiorari (evaluation) (Folajtar v. Attorney General and Holloway v. Attorney General) and several other main federal Second Amendment lawsuits, together with 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 insurance policies and practices (Fetsurka v. Outlaw), Pennsylvania’s ban on carry by adults below 21 years of age (Lara v. Evanchick), California’s Handgun Ban and “Roster” legal guidelines (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 below 21 years of age (Reese v. BATFE), and others, with many extra circumstances being ready at present. To keep track of these and different authorized circumstances FPC is actively engaged on, go to the Legal Action part of FPC’s web site or keep track of FPC on Instagram, Twitter, Facebook, YouTube.
Firearms Policy Coalition (firearmspolicy.org) is a 501(c)four nonprofit group. FPC’s mission is to guard and defend constitutional rights—particularly the suitable to maintain and bear arms—advance particular person liberty, and restore freedom by litigation and authorized motion, legislative and regulatory motion, formal training, outreach, grassroots activism, and different packages. FPC Law is the nation’s largest public curiosity authorized staff targeted on Second Amendment and adjoining elementary rights together with freedom of speech and due course of, conducting litigation, analysis, scholarly publications, and amicus briefing, amongst different efforts.
The Nguyen case is one other vital lawsuit that’s a part of FPC’s complete technique to defend freedom, advance particular person liberty, and restore the Constitution and its promises for people all through the United States. Individuals who want to help the lawsuit can achieve this at JoinFPC.org and www.firearmspolicy.org/nguyen.
NOTICE — POTENTIAL PLAINTIFFS NEEDED!
FPC is urgently searching for particular person and FFL plaintiffs for a lot of lawsuits which are being ready to problem legal guidelines and insurance policies that infringe on elementary rights, together with (however not restricted to):
- Laws and insurance policies that stop people from buying and/or possessing so-called “assault weapons” (semi-automatic firearms with normal traits) and “high-capacity” magazines (normal magazines that maintain greater than 10 rounds)
- Laws and insurance policies that stop 18-20-year-old younger adults (below age 21) from acquiring handguns from FFLs and carry loaded, operable arms in public for self-defense
- Laws and insurance policies that stop particular person adults (over the age of 18) from carrying loaded handguns and different arms outdoors of their dwelling
- Laws and insurance policies that stop people from getting and/or possessing handguns and different arms with out first getting a “purchase permit”
- Laws and insurance policies that stop people from getting or possessing firearms because of a conviction for a non-violent crime, or psychological well being adjudication that didn’t concern an involuntary dedication
- Laws that stop honorably discharged veterans from getting or possessing firearms as a result of they’ve been categorised as “a mental defective” because of the company’s willpower that they “lack the mental capacity to contract or manage his or her own affairs” as a result of they want help managing VA advantages and have a fiduciary
If somebody meets the standards above, or when you could be concerned with taking part in litigation as a supporting FFL, please contact us:
On the online at www.firearmspolicy.org/hotline
By e-mail at potentialplaintiffs[at]fpchq.org
By telephone at (855) 252-4510 (FPC Legal Action Hotline accessible 24/7/365)
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