Legal Radar

California Gun Law to Receive Ruling from the Federal Appeals Court

Early this week, the lengthy debate on gun laws has made its way to the spotlight --- out of San Francisco.

A three-judge panel from the 9^th U.S. Circuit Court of Appeals will be hearing arguments as to whether or not the gun law that was passed by Sunnyvale voters in California in the previous year is constitutional.

Gun rights groups, as well the National Rifle Association, are saying the law, which bars residents from possessing gun magazines that holds over 10 rounds, is in violation of the Second Amendment.

Citizens of Sunnyvale claim the law doesn’t intrude on their Second Amendment rights to possess a firearm in their homes for self-defense. Sunnyvale says the limiting the use of magazines makes a lot more sense since they’re used often in mass shooting including the gun shooting incident in Newtown, Connecticut, a few years back.

A California District Judge maintained the law saying that while the law in Sunnyvale had implications of the Second Amendment, the Second Amendment rights issue is said to be “light.”

District Court in DC Strikes Down final ban on Carrying guns in Public

The Washington D.C. area had the last complete ban on carrying a gun in public until today when the District Court struck down the ban. The case started in federal courts which ruled in another case back in 2008. The case had ruled that the Constitutional second amendment allows for individuals to retain guns at least in their home for self defense purposes. One year later, the Supreme Court extended that right for the rest of the nation. However, courts have continued to argue whether or not an individual can retain that constitutional right outside their homes. Senior District Judge Frederick J. Scullin, Hr. who sits in Syracuse, New York made a ruling which allowed the Second Amendment right to extend beyond one's home. He noted that it is a fundamental right created by the Supreme Court six years ago. The judge barred city officials from being able to enforce the ban which was first imposed in 2008.

Target Stores ask Customers to Leave Guns at Home

Target Corp. issued a request earlier today asking its customers to no longer carry guns in stores even if the store is in a region which deems it legal. The large retailer stated that it was respectfully requesting that customers refrain from carrying guns in their stores. Target officials stated that bringing firearms into their stores creates an environment that is not conducive to family friendly shopping. Target's anti-gun stance has come after gun rights groups had posted images of individuals carrying rifles through the Dallas Target. Moms Demand Action for Gun Sense in America responded to the photographs by launching a campaign to pressure stores to ban guns from their stores. Shannon Watts, the group's founder led a massive on-line social campaign to boycott the retailer. The National Rifle Association first scolded the Texas gun rights members for carrying their rifles in the stores and stated that it was "not neighborly." Later, NRA recanted the statement and apologized.

Court of Appeals Judge Upholds Gun Registration as Constitutional

Dick Heller has challenged the courts regarding the constitutionality of their regulations on gun owners. Heller claimed that gun laws and forced regulations are violating the Second Amendment. In 2010 the federal district court rejected Heller’s arguments. Once it was appealed, the U.S. Court of Appeals for the District of Columbia also affirmed that the gun regulations and requirement of registering long guns applied also to hand guns as well. The court also upheld the ban on large capacity magazines as well as assault weapons.

The judge stated that the required registering of long guns is no more of a burden than the same requirement for handguns. Boasberg also proceeded to affirm that the four registration requirements were in the public’s best interest as well as in the interest of police protection and public safety. The present requirements to stay in place include: fingerprinting, photographing, and bringing the actual firearm and presenting it in person to the registrar. 

Federal Appeals Court Allows SAF Challenge to Federal Gun Law

The Second Amendment Foundation's challenge to a federal law that prevents American citizens who reside outside the United States from purchasing firearms while they are in this country will be allowed to move forward, under a ruling today by the U.S. Court of Appeals for the District of Columbia.

The case involves Stephen Dearth, a natural-born U.S. citizen now living in Canada, who is prevented from buying a firearm in this country because he does not currently reside here. The case was filed in March 2009. SAF and Mr. Dearth challenged the law's constitutionality because it prevents Dearth from exercising his Second Amendment rights. SAF is represented by Virginia attorney Alan Gura.

"This is a significant ruling in our favor," said SAF Executive Vice President Alan Gottlieb. "Many American citizens face the same dilemma as Mr. Dearth. They are good citizens, they've committed no crimes, and they would certainly be allowed to exercise their Second Amendment rights, except for the fact that they live in another country."

The district court dismissed the case, contending that plaintiffs have no standing. This morning's ruling reverses that court, and remands the case back for further action.

In its ruling, the Appeals Court agreed with Dearth's argument that he suffers an "ongoing injury" because the government continues to deny him the right to purchase a firearm. The court said "we conclude his injury is sufficiently real and immediate to support his standing to challenge those laws."

The issue arises with a question on the Federal Form 4473 which asks firearm buyers their state of residence. Since Dearth does not have a state of residence, he cannot legally complete a firearms transaction. SAF filed the case against Attorney General Eric Holder, seeking to enjoin him from enforcing the law. The lawsuit also contends that the gun law violates Dearth's Fifth Amendment right of equal protection.

The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms.  Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.  

SOURCE Second Amendment Foundation

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."

SAF is joined in the lawsuit by Alan Kachalsky and Christina Nikolov, both Westchester County residents whose permit applications were denied. Kachalsky's denial was because he could not "demonstrate a need for self protection distinguishable from that of the general public." Nikolov's was denied because she could not demonstrate that there was "any type of threat to her own safety anywhere." In addition to Westchester County, Susan Cacace and Jeffrey Cohen, both serving at times as handgun permit licensing officers, are named as defendants. The lawsuit was filed in U.S. District Court for the Southern District of New York, White Plains Division.

Attorney Alan Gura is representing the plaintiffs, along with attorney Vincent Gelardi with Gelardi & Randazzo of Rye Brook, NY. Gura recently represented SAF and the Illinois State Rifle Association in their landmark Second Amendment Supreme Court victory over the City of Chicago.

Under New York Penal Code Section 400.00, handgun carry permit applicants must "demonstrate good cause for the issuance of a permit," the lawsuit alleges. This requirement violates the Second Amendment, according to the plaintiffs.

"American citizens like Alan Kachalsky and Christina Nikolov should not have to demonstrate good cause in order to exercise a constitutionally-protected civil right," noted SAF Executive Vice President Alan Gottlieb. "Our civil rights, including the right to keep and bear arms, should not be subject to the whims of a local government or its employees, just because they don't think someone 'needs' a carry permit. Nobody advocates arming criminals or mental defectives, but honest citizens with clean records should not be denied out of hand."

"Thanks to our recent victory before the Supreme Court," Gottlieb stated, "the Second Amendment now applies to state and local governments. Our lawsuit is a reminder to state and local bureaucrats that we have a Bill of Rights in this country, not a 'Bill of Needs'."

The case is filed as Kachalsky v. Cacace, U.S. Dist. Ct. S.D. N.Y. 10-05413

The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms.  Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.