Second Amendment Foundation Winter 2017 REPORTER SAF IMPRESSED WITH JUDGE NEIL GORSUCH FOR SUPREME COURT

Though the nomination of Federal Judge Neil “Judge Gorsuch has repeatedly sided with corporations Gorsuch to the Supreme Court of the United States over working people, demonstrated a hostility toward came as a surprise to many, it proves that elections do women’s rights, and most troubling, hewed to an matter, especially our latest when in November of 2016 ideological approach to jurisprudence that makes me Donald J. Trump shook the world, dumbfounding the skeptical that he can be a strong, independent Justice press, pundits, Democrats, and even Hillary Rodham on the Court.” Furthermore, numerous political critics Clinton. are making their way out of the woodwork in attempts “We are delighted by President Donald Trump’s to denounce the nomination; The New York Times has choice.” said Alan M. Gottlieb, SAF founder and gone as far to say that Gorsuch has been nominated Executive Vice President. “Based off of what we already to fill a “stolen seat” that should have been occupied know, and what others are saying about Judge Gorsuch, by Barack Obama’s pick, Merrick Garland. Former we can honestly say that he makes an excellent candidate President Barack Obama was amongst several other to fill Scalia’s seat”, a vacancy which occurred last year Democratic Senators such as Hillary Clinton, Joe Biden due to the passing of honorable Justice Antonin Scalia. and Charles Schumer, who in 2006, unanimously “Antonin Scalia was a remarkable justice with a fine appointed Gorsuch to the Tenth Circuit Court. legal mind,” Gottlieb said. “It is the impression that The American Conservative Union was quick to Judge Gorsuch is cut from the same cloth. If – or rather make a statement concerning the nomination, affirming when - he is confirmed by the Senate it is our expectation that the Colorado native is “a reliable defender of that Neil Gorsuch will prove himself a tremendous the Constitutional rights of every American”. Judge addition to the court, and among the wisest decisions Gorsuch’s written opinions have continuously reflected in Donald Trump’s presidency. President Trump has his commitment to religious freedom and the Rule of kept his word by nominating a superb high court the Law. On the other hand, John Feinblatt, President candidate with an originalists approach to interpreting of Everytown for Gun Safety, the gun prohibition the Constitution, particularly the Bill of Rights, as the lobbying group founded and sponsored by billionaire Founders intended”, Gottlieb said, “We are eagerly Michael Bloomberg, was out with an e-mail blast that awaiting the confirmation, and are hopeful that he will states, “While Gorsuch’s record on guns isn’t long, it enjoy smooth sailing throughout the process”. does suggest that he’s open to making it easier for Perhaps Gottlieb is being overly optimistic. some felons to have guns.” Met with opposition by Democratic and liberal activists nationwide are vowing Alan Gottlieb, stating that he was “impressed with the to fight the Gorsuch nomination. Anti-gun Senator fact that Gorsuch recognizes the Second Amendment Charles Schumer (D-NY) is already showing resistance, as a fundamental right to self-defend”, and that “the though he has yet to promise to oppose the nomination protection the individualized right to own firearms will altogether. He is quoted by Syracuse.com asserting, not be easily infringed upon”. FEDERAL COURT RULES IN FAVOR OF SAF IN CHALLENGE TO CHICAGO GUN REGULATIONS A three-judge panel of the Seventh SAF founder and Executive Vice “The city tried to severely limit U.S. Circuit Court of Appeals today handed President Alan M. Gottlieb. “The where shooting ranges could be the Second Amendment Foundation extremes to which the city has gone located, and they failed,” he continued. a victory in its challenge of firearms in an attempt to narrow its compliance “The city put up arguments about the regulations in the City of Chicago, striking with the Supreme Court ruling in potential for gun theft, fire hazards and down a zoning provision, reversing an McDonald v. City of Chicago can only be airborne lead contamination, and they earlier ruling that upheld “distancing” described as incredible stubbornness. failed. Even the judge’s opinion today restrictions for gun ranges, and reversing In the 6½ years since the high court noted that the city had ‘produced no an earlier ruling that upheld certain age ruling in our McDonald case, the city evidentiary support for these claims restrictions. has had ample opportunity to modify beyond the speculative testimony of Writing for the court, Judge its regulations. Instead, Chicago has three city officials.’ This nonsense has Diane S. Sykes noted, “To justify resisted reasonableness. got to stop. these barriers, the City raised only “We had already sued Chicago “Today’s ruling is a victory for speculative claims of harm to public successfully to knock down its outright citizens of Chicago who want to health and safety. That’s not nearly ban on gun ranges within the city,” exercise their rights,” Gottlieb said, enough to survive the heightened he recalled. “Then they adopted new “and particularly for Rhonda Ezell, scrutiny that applies to burdens on regulations that included the zoning, who has been steadfast in her resolve.” Second Amendment rights.” distancing and age restrictions that we Also on the panel with Judge Sykes “We are delighted with the contested in this legal action, known were Judges Michael S. Kanne and outcome of this lengthy case,” said as ‘Ezell II.’ Ilana D. Rovner. SAF CHALLENGES DOJ TO INVESTIGATE GUN RIGHTS VIOLATIONS IN CHICAGO While the Department of Justice dragged its feet and created one attorney general should appoint an has just issued a scathing report that roadblock after another in an effort to assistant whose specific duty would Chicago police have “systematically prevent city residents from exercising be to search for gun laws that violate violated the civil rights” of minorities their firearms rights. As a result, we’ve the constitutional rights of citizens in the city, the Second Amendment had to take the city back to court, while and take legal action. Foundation today is wondering why the Justice Department was little more “Under Barack Obama,” Gottlieb the DOJ hasn’t investigated the city than a spectator. observed, “the Justice Department for repeatedly violating the rights of “We shouldn’t have to do the has been rather choosy about which gun owners. Justice Department’s work to defend constitutional and civil rights they “In the wake of our landmark the civil rights of firearms owners,” defended. The Second Amendment 2010 victory that nullified Chicago’s he added. protects an individual civil right, same as handgun ban,” noted SAF founder In December, Gottlieb wrote in the First, Fourth and Fifth amendments. and Executive Vice President Alan M. an opinion piece that appeared in Let’s hope that when new leadership Gottlieb, “the city has deliberately several newspapers that the next assumes the helm at Justice, their investigators are reminded that there are Publisher Alan Gottlieb Second Amendment Managing Editor Joseph Tartaro ten amendments in the Bill of Rights, Editors Andrew Gottlieb and it’s DOJ’s job to protect all of them. REPORTER Scott Warren “It would be a welcome change to see the Justice Department Published by the Address all editorial matters and letters and Second Amendment Foundation other inquiries to the address on the left. For come down on Chicago and other 12500 N.E. Tenth Place changes of name or address, please send old municipalities and tell them to clean Bellevue, Washington 98005 and new address to the Second Amendment 425-454-7012 Foundation. up their act where gun rights are  SAF 2016 www.saf.org concerned,” Gottlieb said.

Page 2 Winter 2017 REPORTER Page 3

The list that follows describes just · SAF, NSSF, and NRA File a some of the lawsuits that YOUR Second Lawsuit Over Seattle Gun Tax ... Amendment Foundation is currently and Second Amendment Foundation, National has been involved in. We’ve spent a lot Shooting Sports Foundation and of money in court fighting to protect National Rifle Association in an and expand YOUR rights. EACH lawsuit historic collaboration file suit in has a price-tag as high as hundreds King County Superior Court over the of thousands of dollars! adoption by the City of Seattle of a punitive tax on firearms and ammunition · SAF Sues Over Censorship of 3D in violation of Washington State Firearm Printing Information. . . SAF preemption laws. Case is on appeal. and Defense Distributed filed a lawsuit against Secretary of State John Kerry, · SAF and CGF File a Lawsuit Seeking the Department of State and other U.S. Return of Legally Owned Firearms ... officials to stop the unconstitutional Second Amendment Foundation and Calgun censorship of information related to Foundation file suit in U.S. District 3D printing of firearms asserting the Court for the Northern District of regulations violate free speech, the California on behalf of a Santa right to keep and bear arms and due Clara County resident, challenging process as guaranteed by the First, the city, its police department and Second and Fifth Amendments. Case is one of its officers over the seizure on appeal. of firearms under the state’s Welfare and Institutions code. · SAF Sues and Wins Against District of Columbia’s Concealed Carry Permit · SAF Spearheads Federal Lawsuit Process. . .SAF filed a lawsuit on behalf Against I-594...SAF files a lawsuit of two D.C. and one Florida resident in federal district court seeking seeking to overturn the city’s “good a permanent injunction against reason” clause for citizens wishing enforcement of portions of Initiative to exercise their right. The court 594, alleging that “portions of I-594… rules there is a constitutional right are so vague that a person of ordinary to carry. D.C. appeals. Case is on intelligence cannot understand their appeal. scope,” and that other parts violate the Second Amendment outright. SAF · SAF Files Federal Lawsuit against appeals standing ruling. Oklahoma DHS Over Firearms Prohibition. . . SAF filed a federal lawsuit against · SAF Sues and Wins Against District the Oklahoma Department of Human of Columbia’s Ban on the Carrying Services (OKDHS) on behalf of two of Handguns. . . SAF filed a lawsuit state residents whose civil rights on behalf of three D.C. and one New have been deprived under color of law Hampshire residents to compel the because agency rules prohibit them city to issue carry permits to law- from acting as foster parents while abiding citizens. The U.S. District legally possessing functional firearms Court orders D.C. to allow the carry for personal protection. of firearms for self-defense.

Page 4 Winter 2017 LEGAL CASES

· SAF Sues on Behalf of California Gun Dealers...Second Amendment Foundation · SAF Sues and Wins Ruling That Allows has joined the Calguns Foundation and Gun Rights Restoration for Certain CA Association of Federal Firearms Misdemeanors...the judge has ruled that Licensees in support of a lawsuit filed a man convicted of a serious misdemeanor by four California gun dealers alleging crime, but who has demonstrated that now a violation of their First Amendment he “would present no more threat to the rights to advertise firearms. On appeal. community” than an average law-abiding citizen, may not lose his Second Amendment · SAF Sues Illinois Over Restrictive rights under a federal gun control CCW Residency Requirements...SAF filed statute known as 922(g)(1). Government a lawsuit in federal district court is appealing. in Illinois, challenging that state’s concealed carry statute that restricts · SAF Backs Lawsuit over Handgun otherwise qualified nonresidents the Ban in Northern Marianas…The Second rights and privileges of carrying Amendment Foundation joined in supporting concealed firearms based solely on their a lawsuit that challenges the ban on the state of residence. importation of handguns and ammunition and the possession and use of handguns · SAF Funds and Wins Lawsuit in the Commonwealth of Northern Marianas Challenging Federal Law on Handgun Islands. Purchases...SAF’s sister organization, the Citizens Committee for the Right to · SAF Sues for Restoration of Rights Keep and Bear Arms filed a lawsuit in ... SAF sues on behalf of plaintiff with federal court challenging the federal non-violent felony who has had all rights law prohibiting cross-state handgun restored, including right to possess purchases. The government is appealing. and receive firearms and works for the State of Virginia as a security officer. · SAF Sues California and Wins Overturning Plaintiff is a resident of Maryland, and Waiting Period Statute...SAF, Calguns can neither possess nor carry a firearm Foundation, et al. filed a federal lawsuit there. against the CA DOJ challenging the state’s requirement that gun owners wait at least · The Second Amendment Foundation ten days before taking possession of an Supports NJ Carry Appeal...SAF is additional firearm. State of California is financially backing a legal challenge to appealing the ruling. New Jersey carry laws requirement that the applicant show “substantial threat.” · SAF Sues and Wins Gun Rights The case is in the State Superior Court’s Restoration...A federal judge rules in a Appellate Division. small but significant victory that a man convicted of a misdemeanor crime several · SAF Challenges California Handgun Ban years ago may not lose his Second Amendment Scheme. . . SAF and Calguns Foundation rights under a federal gun control statute filed a lawsuit challenging a regulation known as 922(g)(1). Government is appealing. (Continues on page 6)

REPORTER Page 5

LEGAL BRIEFS (Continued from pages 4-5)

that bans handguns based on a roster prevent the commercial sale of common of “acceptable” handguns approved by semiautomatic handguns. This case is the State of California. Case has been on appeal. amended to include new microstamping requirement. Glock files amicus brief · SAF Sues Chicago and Wins over Gun in support. Smith & Wesson, Ruger and Range Prohibition on 1A, 2A Grounds. . NSSF file declarations in support of .SAF and ISRA filed a lawsuit against SAF’s lawsuit. Case is on appeal. the City of Chicago’s gun ordinance, asserting that “the city is depriving · SAF Challenges Arbitrary Handgun citizens of their right to keep and Sales Regulations in Massachusetts…SAF bear arms in violation of the First and Comm2A filed a lawsuit seeking an and Second Amendments. The Appellate injunction against the State Attorney Court ordered Chicago to end this ban. General’s illegal enforcement of Another decision from the Seventh consumer protection regulations that Circuit Appellate Court is imminent.

SAF WINS PRELIMINARY INJUNCTION V. MONTANA CCW CITIZENSHIP REQUIREMENT

The Second Amendment The plaintiff in this case, Lenka also glad the State is taking steps Foundation has scored another Knutson, resides with her husband to correct a clearly discriminatory court victory, this time in Montana and two children in Whitefish. She law.” where a federal district court is a citizen of Slovakia and a SAF Under terms of the order, Judge judge has entered a preliminary member. Molloy also cancelled a scheduled injunction against the state’s “We’re certainly happy with the Feb. 13 trial. citizenship requirement in order judge’s ruling,” Gottlieb said, “and Lenka had gone to the to obtain a concealed carry we’re gratified that the Montana Flathead County Sheriff’s Office license. Legislature is working to fix this in 2014 to apply for a concealed U.S. District Court Judge problem. We’ve fought similar carry permit, even though she Donald W. Molloy at the district battles in Missouri, Nebraska, is not a U.S. citizen. The permit court in Missoula has also stayed Arkansas, North Carolina and New was denied because she is a the case because the Legislature Mexico on behalf of legal resident permanent resident and not a is currently considering legislation aliens.” citizen. The lawsuit followed, that would repeal the citizenship “This lawsuit is about the with representation by Sigale of requirement. The case is Knutson recognition that lawful resident Glen Ellyn, Illinois and Quentin v. Curry. aliens share the same Second M. Rhoades and Nicole L. Seifert SAF founder and Executive Vice Amendment rights as citizens,” of Missoula. President Alan M. Gottlieb noted attorney David G. Sigale noted. “The decision by Judge Molloy that this is just the foundation’s “We are very gratified that the is one more example of SAF’s latest effort to secure protections Court has vindicated Ms. Knutson’s effort to win firearms freedom, one for permanent legal resident aliens. right to self-defense, and we are lawsuit at a time,” Gottlieb stated.

Page 6 Winter 2017 FED. COURT ALLOWS CHALLENGE TO PROCEED AGAINST ILLINOIS FOSTER PARENT RULES A federal district court judge the Illinois State Rifle Association. President Alan M. Gottlieb. “We’re in Illinois has denied that state’s On Tuesday, District Judge delighted that the judge will allow motion to dismiss a legal challenge Colin Stirling Bruce ruled that there our action to go forward because by the Second Amendment are “sufficient factual allegations to it is important to establish that Foundation of its foster parenting state a claim to relief that is plausible people do not surrender their rules that place restrictions on the on its face.” The complaint alleges Second Amendment rights in order possession of firearms for personal that the state has deprived Kenneth to become foster parents. We’re in protection. and Colleen Shults of their civil court to make sure that the state SAF filed the lawsuit last rights under color of law. cannot discriminate against foster summer on behalf of Kenneth and “We brought this action on parents who merely wish to exercise Colleen Shults in U.S. District Court behalf of the plaintiffs to establish the rights we’ve restored in Illinois.” for the Central District of Illinois. that the state’s restrictions on the The case now enters the Named as a defendant in the case possession and carrying of firearms discovery phase, according to is George H. Sheldon, in his official by foster parents is unconstitutional SAF attorney David Sigale of Glen capacity as director of the Illinois under both the Second and Ellyn, Illinois. Department of Children and Family Fourteenth amendments,” said The case is known as Shults et Services (IDCFS). SAF is joined by SAF founder and Executive Vice al v. Sheldon. SAF ATTORNEYS FILE FOR SUMMARY JUDGMENT IN SEATTLE RECORDS LAWSUIT Attorneys representing under the ordinance. this is a First Amendment issue. the Second Amendment SAF is involved in a separate “Seattle taxpayers and the Foundation (SAF) and its lawsuit against the gun tax firearms retailers who are directly news publication, TheGunMag. that is joined by the National affected by this tax have a right to com, today filed for summary Rifle Association and National know if the city projections were judgment in a lawsuit filed Shooting Sports Foundation, accurate or way off base,” he said. against the City of Seattle that along with two gun stores. “We’ve never been interested in alleges failure to comply with “The fact that the city has which retailer paid how much. We the state’s Public Records Act steadfastly refused to provide just want the public to know (PRA). information on the amount the tax revenue total, because Last year, TheGunMag. of taxes it has received puts the public has a right to this com – a print and on-line the credibility of their initial information.” monthly magazine – sought revenue forecast in serious Plaintiffs are represented information from the city about doubt,” said SAF founder and by Seattle attorneys Steven its first quarter revenues from a Executive Vice President Alan Fogg and David Edwards controversial “gun violence tax” M. Gottlieb. “The city originally with Corr, Cronin, Michelson, levied on the sale of firearms claimed this tax would bring Baumgardner, Fogg & Moore. and ammunition in Seattle. The in between $300,000 and Fogg and Edwards also represent city has refused to turn over $500,000 annually, but their SAF, the NRA and NSSF in the information on the grounds silence now is deafening.” their challenge of the Seattle that it would violate the privacy TheGunMag.com Senior gun tax on the grounds that it of individual gun dealers by Editor Dave Workman, who filed violates the state’s 33-year-old revealing the taxes they paid the PRA request last year, said preemption statute.

REPORTER Page 7

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