The Second Amendment Foundation has been making some serious moves. Bolstered and emboldened by record gun sales across the United States this year, they have filed several lawsuits challenging the constitutionality of certain gun laws.
“The Second Amendment Foundation today filed a federal lawsuit challenging laws in the state of New Jersey that effectively prevent average law-abiding citizens from legally carrying loaded sidearms outside of their homes for personal protection.”
Fox News expanded on the New Jersey lawsuit:
“The lawsuit filed by the Second Amendment Foundation, the Firearms Policy Coalition, and the New Jersey 2nd Amendment Society also challenges the procedure gun-owning residents must follow in order to obtain a permit to carry a handgun in public, NJ.com reported.”
The Second Amendment Foundation is taking full advantage of what time we have with a pro-2A Trump-administration. If we have the misfortune of a Biden-Harris administration, expect moves to further restrict your rights.
The Foundation is mounting similar lawsuits in Virginia, Maryland, and California which gives me great hope. The California lawsuit is focuses on the State of California using its “approved” gun Roster to prevent law-abiding citizens from purchasing and self-building thousands of handgun models. Many popular and economic brands of guns and rifles used lawfully in other states are unavailable to the California public.
And every year, the California Legislature inserts more poison pills to whittle away at Californians Second Amendment rights. Last year it was the so-called magazine ban, which restricted ownership of any magazine above 10-rounds. Thankfully, this was overturned by California’s 9th Circuit.
“Even well-intentioned laws must pass constitutional muster,” Appellate Judge Kenneth Lee wrote for the panel’s majority. California’s ban on magazines holding more than 10 bullets “strikes at the core of the Second Amendment – the right to armed self-defense.”
But the Democrat Super Majority of CalLeg is rabidly progressive, and those who are not, are easily bought off. Before adjourning this session, they expanded the laws in the AB 2847 bill, requiring the California Department of Justice to remove three firearms from the gun Roster that are not compliant with its current requirements for every single new firearm that is added. This all but guarantees that the market for available handguns will be even further restricted. Of course, the feckless Governor Gavin Newsom signed it into law in September.
So the Second Amendment Foundation has partnered with Firearms Policy Coalition (FPC), San Diego County Gun Owners (SDCGO), and the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) to challenge the constitutionality of the Roster. The case, Renna, et al. v. Calif. Attorney General Xavier Becerra, et al., can be viewed at FPCLegal.org.
The Ammo Land blog gave even more detail on this particular suit:
“ ‘This case is a key part of our comprehensive strategy to free California from one of the most burdensome gun control regimes in the United States,’ said attorney Ray DiGuiseppe, who works with FPC on civil rights litigation throughout the country. ‘We look forward to restoring the right to keep and bear arms and, through this case, giving back to Californians the freedom they are constitutionally entitled to.’
“ ‘California’s so-called ‘Unsafe Handgun Act’ is really just an unconstitutional ban of commonly used, constitutionally-protected firearms,’ explained attorney Michael Sousa, co-counsel on the lawsuit. ‘We will prove to the Court how California’s handgun ban cannot survive constitutional scrutiny under the Second Amendment and Supreme Court precedents, and thus, it must be declared unconstitutional and enjoined.’”
Public opinion for gun restrictions is at the lowest it has been since 2016. As Gallup explains,
“In the absence of a high-profile mass shooting in the U.S. in 2020 and amid the coronavirus pandemic, civil unrest related to racial justice issues and the contentious presidential election campaign, Americans are less likely than they have been since 2016 to call for increased gun control. The latest majority (57%) in the U.S. who call for stricter laws covering the sale of firearms marks a seven-percentage-point decline since last year. At the same time, 34% of U.S. adults prefer that gun laws be kept as they are now, while 9% would like them to be less strict.”
I expounded before the election that this is the year of the gun. The population of gun ownership now reaches beyond Republican, conservative and rural, to Democrats, liberals, and urban dwellers who have now taken a vested interest in discovering their Second Amendment Rights, and learning how they can best protect themselves and their families.
This could bode ill for any national mandate that attempts otherwise.