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Brief of Amicus Curiae Everytown for Gun Safety in Support of Appellees
Case: 14-15408 06/24/2014 ID: 9144045 DktEntry: 54 Page: 1 of 38 No. 14-15408 United States Court of Appeals for the Ninth Circuit LEONARD FYOCK et al., Plaintiffs-Appellants, – v. – CITY OF SUNNYVALE et al., Defendants-Appellees. ___________________________ ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CASE NO. 5:13-CV-05807-RMW BRIEF OF AMICUS CURIAE EVERYTOWN FOR GUN SAFETY IN SUPPORT OF APPELLEES GREGORY SILBERT Counsel of Record VANESSA W. CHANDIS WEIL, GOTSHAL & MANGES, LLP 767 Fifth Avenue New York, New York 10153 (212) 310-8000 Attorneys for Amicus Curiae Everytown for Gun Safety Case: 14-15408 06/24/2014 ID: 9144045 DktEntry: 54 Page: 2 of 38 CORPORATE DISCLOSURE STATEMENT Amicus Curiae Everytown for Gun Safety has no parent corporations. It has no stock, and therefore, no publicly held company owns 10% or more of its stock. /s/ Gregory Silbert Gregory Silbert US_ACTIVE:\44481206\14\99995.5019 Case: 14-15408 06/24/2014 ID: 9144045 DktEntry: 54 Page: 3 of 38 Table of Contents ARGUMENT ............................................................................................................ 3 I. VARIATIONS IN LOCAL GUN LAWS ARE PART OF A LONGSTANDING TRADITION THAT DEFINES THE CONTOURS OF THE RIGHT PROTECTED BY THE SECOND AMENDMENT. ............................................................................................. 3 A. Historically, Local Laws Regarding Gun Use And Possession Have Varied To Meet The Needs Of Each Community. ...................... 4 B. California Courts Have Long Recognized The Appropriateness Of Tailoring Firearm Laws To Local Conditions. ................................ 9 C. The Citizens Of Sunnyvale Acted Consistently With This Longstanding Tradition When They Enacted the Ordinance.............. 10 II. THE ORDINANCE BANNING LARGE-CAPACITY MAGAZINES IS CONSTITUTIONAL. -
Gun Violence and Mass Shootings Is in the News Frequently
Gun Violence and Mass ShootiADLng sAnnounces The PROTECT Plan to Fig Table Talk: Family Conversations About Current Events Take Action Against Domestic Te Te l l t h e W h i t e H o u s e a n d y o u r W e n e e d A D L ' s P R O T E C T P l a n t h e t h r e a t o f e x t r e m i s t v i o SIGN THE PETITION Bbjeter / CC BY-SA 3.0 Updated March 2021 Talking with Children about Gun Violence The issue of gun violence and mass shootings is in the news frequently. Young people are usually aware of what is happening and will want to talk about it. However, it is a sensitive, scary, and potentially painful topic. Before raising the matter with children, consider your child’s personality. Will the conversation ease your child's fears or add to it? 1 / 7 For some youth, it is better to be proactive and raise the topic without their prompting. For others, following their lead and their questions is a better approach. When you discuss this topic with children, here are some things to keep in mind: Be prepared yourself so you can be there for them emotionally. Make sure you have set aside enough time to hear children's thoughts, questions, and feelings. Provide accurate information about their school’s safety procedures and reassure them that they are safe. Be careful when describing the perpetrator. -
America Under the Gun a 50-State Analysis of Gun Violence and Its Link to Weak State Gun Laws
CAP ILLUSTRATION/ISTOCK PHOTO ILLUSTRATION/ISTOCK CAP America Under the Gun A 50-State Analysis of Gun Violence and Its Link to Weak State Gun Laws Arkadi Gerney, Chelsea Parsons, and Charles Posner April 2013 WWW.AMERICANPROGRESS.ORG America Under the Gun A 50-State Analysis of Gun Violence and Its Link to Weak State Gun Laws Arkadi Gerney, Chelsea Parsons, and Charles Posner April 2013 Contents 1 Introduction and summary 3 10 indicators of gun violence 27 The link between high levels of gun violence and weak state gun laws 35 Conclusion 37 About the authors 39 Methodology 42 Endnotes 45 Appendix: Fact sheets on the 10 states with the highest levels of gun violence 45 Alaska 47 Alabama 49 Arkansas 51 Arizona 53 Georgia 55 Louisiana 57 Missouri 59 Mississippi 61 New Mexico 63 South Carolina Introduction and summary In the aftermath of mass shootings and other gun-related tragedies, there is often a surge of interest on the part of community leaders, social-science researchers, and elected officials to root out the causes of gun violence in an effort to prevent such tragedies from occurring again. Any study into the causes of gun violence is necessarily complicated, however, as there are innumerable factors that contribute to the nature and prevalence of gun-related violence in any community. Despite this complex web of factors that influence the rate of gun violence, this report finds a clear link between high levels of gun violence and weak state gun laws. Across the key indicators of gun violence that we analyzed, the 10 states with the weakest gun laws collectively have an aggregate level of gun violence that is more than twice as high—104 percent higher, in fact—than the 10 states with the strongest gun laws. -
Stories of Gun Violence Across America: Indianapolis PHOTOGRAPHY EXHIBIT Ittakesus-Indy.Org
FOR IMMEDIATE RELEASE: September 4, 2018 Media Contact: Kate Appel, Chair Faith, Justice & the Arts 317.507.7128, [email protected] Stories of Gun Violence Across America: Indianapolis PHOTOGRAPHY EXHIBIT ittakesus-indy.org EXHIBIT LOCATIONS: Phoenix Theatre, 705 North Illinois Street, Indianapolis 46204 (Sept. 21 - Nov. 13) St. Paul's Episcopal Church, 6050 North Meridian Street, Indianapolis 46208 (Sept. 23 - Oct. 7) Noblesville City Hall, 16 South 10th Street, Noblesville, IN 46060 (Sept. 23 - Nov. 13) Circle City Industrial Complex, Schwitzer Gallery, 1125 Brookside Ave, Indianapolis 46204 (Oct. 5 - 26) Martin Luther King Center, 40 West 40th Street, Indianapolis 46208 (Oct. 6 - 20) Central Library, 40 East St. Clair Street, Indianapolis 46204 (Oct. 10 - Nov. 13) St. Paul's On The Way, 803 Broad Ripple Avenue, Indianapolis 46220 (Oct. 12 - Nov. 13) PRESENTED BY: Faith, Justice and the Arts (Indianapolis) Joe Quint, Photographer (Brooklyn, N.Y.) Moms Demand Action for Gun Sense in America (Indiana) ABOUT THE EXHIBIT: For the past four years, documentary photographer Joe Quint has worked to tell the stories of gun violence survivors, including the family members of victims and those who've witnessed horrific acts of violence. The work isn’t about politics or policy, or 2nd Amendment rights vs. gun control. “It's about honest storytelling,” said Quint, “and bringing stories of trauma, grief and strength to life – without agenda. The goal is to tell a diverse story, both in terms of demographics and type of incident, and show how none of us are ever more than one or two degrees of separation away from this epidemic.” In partnership with Faith, Justice and the Arts (fjaindy.org), an initiative of St. -
Libertarian Gun Control
Libertarian Gun Control Ian Ayres* & Fredrick E. Vars** Abstract: Individuals should have the option to waive their Second Amendment rights to keep and bear arms by adding their names to the National Instant Criminal Background Check System. Every year about 20,000 Americans kill themselves with firearms. We present a low- cost and constitutional system that could in just a few years easily save thousands of these lives as people with mental health problems during moments of clarity rationally opt to restrain their future selves. Moreover, our system, which includes the option of providing email notifications of an individual’s waiver to third parties, can promote a marketplace of informed association. Just as Heller emphasizes the Second Amendment right to keep and bear arms as furthering the “core” individual right to self-defense, a world where individuals can credibly communicate waiver of their Second Amendment rights can facilitate the reasonable choices of others to limit association with those who may possess weapons. Forcing Second Amendment interests to contend with First Amendment associational interests can thus enhance the joint liberty of those seeking to best defend themselves. We provide the results of two surveys showing that close to a third of the general population and more than 40% of those with previously diagnosed mental health concerns indicated that they would be willing to add their name to a “No Guns” list. *William K. Townsend Professor, Yale Law School. [email protected]. ** Professor, University of Alabama School of Law. Bruce Ackerman, Joseph Blocher and Jack Hitt provided helpful comments. Griffin Austin, Greg Conyers, Anthony Cozart and Samuel Dong provided excellent research assistance. -
10 Years Later: the Second Amendment and Public Safety After Heller Bradycenter.Org Executive Summary
10 THE SECOND AMENDMENT YEARS AND PUBLIC SAFETY L ATER AFTER HELLER CONTENTS 01 EXECUTIVE SUMMARY 03 THE HELLER DECISION – A SEISMIC SHIFT IN SECOND AMENDMENT INTERPRETATION 06 GREAT STAKES – WHAT GUN REGULATION IS PERMISSIBLE IN THE AFTERMATH OF HELLER 07 BATTLE IN THE COURTS – THE FIRST TEN YEARS 13 THE NEXT TEN YEARS 14 ENDNOTES Acknowledgments This report was a collaborative effort. Contributing authors include Joshua Scharff from the Brady Center, Anna M. Kelly and Madeleine Bech from Hogan Lovells, and Suzan Charlton and Joseph DuChane from Covington & Burling, LLP. Zayden Tethong, Caitlin Nelson, and Jenna Casolo from the Brady Center provided research assistance. II 10 YEARS LATER: THE SECOND AMENDMENT AND PUBLIC SAFETY AFTER HELLER BRADYCENTER.ORG EXECUTIVE SUMMARY For two hundred years, almost all judges in In the decade since Heller, two narratives have America agreed that the Second Amendment emerged regarding the decision’s application was intended, as the Framers stated in its text, and scope. These two narratives have drawn to protect the “well-regulated militia” that the battle lines over what laws and policies can be Framers saw as “necessary to a free state” and implemented to prevent gun violence, and they nothing more. will continue to define the battle over the Second Amendment into the foreseeable future. But ten years ago, all of that changed. On June 26, 2008, the U.S. Supreme Court issued One vision is represented by the Brady Center a 5-4 decision in District of Columbia v. Heller, to Prevent Gun Violence, which has been which held for the first time that “law-abiding, the leading legal voice of the gun violence responsible Americans” have a right to possess prevention movement for over 30 years, as well guns in the home – even if they have nothing to as other gun violence prevention groups. -
Democrats, DOA 209 ELEVEN the People's Prayer 229 EPILOGUE Tallahassee Hi-Ho 236
Stupid White Men and Other Sorry Excuses for the State of the Nation Michael Moore Copyright @ 2001 by Michael Moore. All rights reserved. Printed in the United States of America. No part of this book may be used or reproduced in any manner whatsoever without written permission except in the case of brief quotations embodied in critical articles and reviews. For information address HarperCollins Publishers Inc., 10 East 53rd Street, New York, NY 10022. HarperCollins books may be purchased for educational, business, or sales promotional use. For information please write: Special Markets Department, HarperCollins Publishers Inc., 10 East 53 rd Street, New York, NY 10022. FIRST EDITION Designed by Kris Tobiassen Printed on acid-free paper Library of Congress Cataloging-in-Publication Data has been applied for. ISBN 0-06-039245-2 02 03 04 05 WB/QWM 20 19 18 17 16 15 14 FOR AL HIRYELA It's amazing I won. I was running against peace, prosperity, and incumbency. -GEORGE W. BUSH, JUNE 14, 2001, speaking to Swedish Prime Minister Goran Perrson, unaware that a live television camera was still rolling CONTENTS INTRODUCTION xi ONE A Very American Coup 1 TWO Dear George 29 THREE Dow Wow Wow 47 FOUR Kill Whitey 56 FIVE Idiot Nation 85 SIX Nice Planet Nobody Home 119 SEVEN The End of Men 142 EIGHT We're Number One! 163 NINE One Big Happy Prison 195 TEN Democrats, DOA 209 ELEVEN The People's Prayer 229 EPILOGUE Tallahassee Hi-Ho 236 NOTES AND SOURCES 257 ACKNOWLEDGMENTS 275 ABOUT THE AUTHOR 279 INTRODUCTION THERE ARE THOSE who say it all started to unravel the night of November 7, 2 000, when Jeb Bush gave his brother George Jr. -
Decl. of Alexandra Robert Gordon (2:17-Cv-00903-WBS-KJN) Exhibit 39
1 XAVIER BECERRA, State Bar No. 118517 Attorney General of California 2 TAMAR PACHTER, State Bar No. 146083 Supervising Deputy Attorney General 3 ALEXANDRA ROBERT GORDON, State Bar No. 207650 JOHN D. ECHEVERRIA, State Bar No. 268843 4 Deputy Attorneys General 455 Golden Gate Avenue, Suite 11000 5 San Francisco, CA 94102-7004 Telephone: (415) 703-5509 6 Fax: (415) 703-5480 E-mail: [email protected] 7 Attorneys for Defendants 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 WILLIAM WIESE, et al., 2:17-cv-00903-WBS-KJN 14 Plaintiff, EXHIBITS 39 THROUGH 42 TO THE DECLARATION OF ALEXANDRA 15 v. ROBERT GORDON IN SUPPORT OF PLAINTIFF’S MOTION FOR 16 TEMPORARY RESTRAINING ORDER XAVIER BECERRA, et al., AND PRELIMINARY INJUNCTION 17 Defendant. Date: June 16, 2017 18 Time: 10:00 a.m. Courtroom: 5 19 Judge: The Honorable William B. Shubb Action Filed: April 28, 2017 20 21 22 23 24 25 26 27 28 Decl. of Alexandra Robert Gordon (2:17-cv-00903-WBS-KJN) Exhibit 39 Gordon Declaration 01492 Gordon Declaration 01493 MARCH 2004 ACKNOWLEDGEMENTS This study was prepared by the Brady Center to Prevent Gun Violence using data obtained and analyzed by the experts at Crime Gun Solutions LLC . Founded in 1983, the Brady Center to Prevent Gun Violence is a national non-profit organization working to reduce the tragic toll of gun violence in America through education, research, and legal advocacy. The programs of the Center complement the legislative initiatives of its sister organization, the Brady Campaign to Prevent Gun Violence united with the Million Mom March. -
Combating U.S. Gun Trafficking to Mexico
Combating U.S. Gun Trafficking to Mexico A STUDY CONDUCTED FOR THE BRADY CAMPAIGN TO PREVENT GUN VIOLENCE BY DEVIKA AGRAWAL THE UNIVERSITY OF CALIFORNIA, BERKELEY SPRING 2019 The author conducted this study as part of the program of professional education at the Goldman School of Public Policy, University of California at Berkeley. This paper is submitted in partial fulfillment of the course requirements for the Master of Public Policy degree. The judgements and conclusions are solely those of the author, and are not necessarily endorsed by the Goldman School of Public Policy, by the University of California or by any other agency. 1 Table of Contents PART ONE: UNDERSTANDING THE PROBLEM .......................................................... 3 GUNS IN MEXICO: QUANTITIES, SOURCES OF ORIGIN, AND FINAL DESTINATIONS ...................... 3 THE CASE FOR U.S. GOVERNMENT ACTION .............................................................................................. 8 DIAGNOSIS OF THE PROBLEM .................................................................................................................... 13 PART TWO: SOLVING THE PROBLEM THROUGH POLICY ......................................... 29 POLICY ALTERNATIVES .................................................................................................................................. 31 ANALYSIS BY CRITERIA .................................................................................................................................. 33 FINAL RECOMMENDATIONS ....................................................................................................................... -
Brief of Amicus Curiae Everytown for Gun Safety in Support of Defendant-Appellee and Affirmance ______
Appellate Case: 14-1290 Document: 01019423108 Date Filed: 04/29/2015 Page: 1 No. 14-1290, 14-1292 ____________________________________________________________________________________________________________________________________________________________ IN THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ____________________________________________________________________________________________________________________________________________________________ COLORADO OUTFITTERS ASSOCIATION, et al., Plaintiffs- Appellants, v. JOHN W. HICKENLOOPER, Governor of the State of Colorado, Defendant- Appellee. ____________________________________________________________________________________________________________________________________________________________ JIM BEICKER, Sheriff of Fremont County, et al., Plaintiffs- Appellants, v. JOHN W. HICKENLOOPER, Governor of the State of Colorado, Defendant- Appellee. ____________________________________________________________________________________________________________________________________________________________ On Appeal from the United States District Court for the District of Colorado (No. 1:13-cv-01300) (Krieger, J.) ____________________________________________________________________________________________________________________________________________________________ BRIEF OF AMICUS CURIAE EVERYTOWN FOR GUN SAFETY IN SUPPORT OF DEFENDANT-APPELLEE AND AFFIRMANCE ____________________________________________________________________________________________________________________________________________________________ -
“Assault Weapon” Myths
“ASSAULT WEAPON” MYTHS E. Gregory Wallace Scary black rifles that spray bullets like machine guns. Military arms designed solely for killing on the battlefield. Weapons of choice for mass shooters. These are common descriptions of so-called “assault weapons,” a favorite target for those who want to eliminate gun violence by eliminating guns. Several states and localities currently ban “assault weapons,” as did the federal government from 1994-2004. In response to recent mass shootings, bills have been introduced in Congress to create a new national ban. Lawmakers and judges often use these descriptions to justify such bans. But are the descriptions factual? If not, what does that say about the laws and court decisions that rely on them? While there is no generally agreed-upon definition of “assault weapon,” laws banning such weapons typically criminalize possession or transfer of semiautomatic rifles with detachable magazines and at least one specified feature such as a pistol grip, telescoping stock, flash suppressor, barrel shroud, bayonet mount, or grenade launcher.1 Other “assault weapon” bans prohibit certain semiautomatic rifles, shotguns, and pistols by name and by features, along with any copies, duplicates, or variants.2 The main target of these bans is the AR-15 rifle, the most popular rifle in America, owned by millions for lawful purposes including self-defense.3 The AR-15 looks like a fully automatic military M4 carbine or M16 rifle, but it has a semiautomatic firing system like most modern handguns. Legislatures imposing “assault Professor of Law, Campbell University School of Law. Professor Wallace is a competitive shooter and certified firearms instructor. -
Brady Campaign (Handgun Control, Inc.) 2001 "Report Card" Again Gives Higher "Grades" to States with Higher
Library | Fact Sheets Page 1 of 4 What's New Library | Fact Sheets Fact Sheets FAQs State Gun Laws Printer Friendly Version Federal Gun Laws Firearms Glossary Articles Armed Citizen Speeches Bibliography Brady Campaign (Handgun Control, Inc.) Other Resources 2001 "Report Card" Again Gives Higher "Grades" To States With Higher Violent Crime Rates 1/23/02 As it has for several years, the "gun control" lobby has again produced an annual "report card" on which it grades the states on their "gun laws protecting children." As in previous years, the more "gun control," the higher the grade. Brady doesn't care how much crime a state has, or whether "gun control," or a relative lack of it, has an effect on crime. The group certainly doesn't consider the factors that the FBI, other law enforcement professionals, criminologists, and sociologists associate with crime levels, such as prosecution, incarceration and other aspects of the criminal justice system; the economy; demographics and cultural factors; and the prevalence of drugs. Why does Brady base its grades only upon the amount of "gun control" in a state, without regard for the results? Simple. Brady hates guns. It wants them outlawed or, failing that, severely restricted. As a result, its best grades go to states with worse crime rates, because states with more "gun control" generally have higher crime rates, as shown below: Number of Avg. Number of 5-Yr. "Grade" States/2001 Current Rate States/5-Yr. Avg. Avg. Rate "A" (5) 490.6 (1) 820.9 "B" (5) 444.0 (9) 502.1 "C" (11) 419.7 (14) 517.8 "D" (22) 426.9 (21) 426.6 "F" (7) 333.0 (5) 410.9 Brady's favorite state is Maryland.