Groups Sue N. California Governments, Alleging 2nd Amend Rights Violations

GROUPS SUE N. CAL. GOVERNMENTS,
ALLEGING RIGHTS VIOLATIONS 2nd Amend Foundation Release

 Seventeen plaintiffs including the Second Amendment Foundation has filed a federal lawsuit naming an almost equal number of local and county governments and officials within those jurisdictions in Northern California, asking the court for injunctive and declaratory relief in a challenge to gun control measures instituted in relation to the ongoing COVID-19 pandemic.

SAF is joined by the California Gun Rights Foundation, California Association of Federal Firearms Licensees, Inc., Firearms Policy Coalition, Madison Society Foundation and the National Rifle Association, along with three private businesses and eight private citizens.

The lawsuit was filed in U.S. District Court for the Northern District of California. They are represented by attorney George M. Lee of San Francisco. The complaint may be read here.“The importance of this Second Amendment Case is highlighted by the huge number of plaintiffs and defendants,” said SAF founder and Executive Vice President Alan Gottlieb.Gene Hoffman, chairman of the California Gun Rights Foundation, added,

“In this challenging time it is critical that common sense and the law prevail. We’re demanding that our local officials set aside their policy preferences and clearly and unequivocally follow the Constitution. It is exactly in these sorts of emergencies, where law enforcement response can be severely impacted, that everyone needs the tools and training required to safely defend their homes.”

“These governments’ contempt for individuals’ enumerated constitutional rights reinforces the need for the courts to step in and prevent government officials from overstepping constitutional bounds,” proclaimed Adam Kraut, FPC’s Director of Legal Strategy and co-counsel on the lawsuit. “We will continue to work with our friends to bring litigation against governments that refuse to recognize the People’s inalienable right to keep and bear arms, particularly in times where it is most needed.”“The Bay Area is not exempt from the Bill of Rights, and these outrageous and irrational restrictions on gun stores and ranges is a policy preference that the Constitution takes off the table,” explained FPC President Brandon Combs. “FPC and our partners look forward to reminding these governments and officials that the People’s Constitution is bigger than their personal opinions.”  

Named as defendants are Alameda County and County Health Officer Erica Pan; Contra Costa County and County Health Officer Chris Farnitano; Santa Clara County, District attorney Jeffrey Rosen and County Health officer Sara Cody; and San Mateo County and County Health Officer Scott Morrow; plus the City of Pacifica and Police Chief Dan Steidle, the City of San Jose and Mayor Sam Liccardo; the City of Mountain View and Police Chief Max Bosel; and the City of Pleasant Hill and its Police Chief Bryan Hill.The complaint targets emergency orders issued in relation to the coronavirus pandemic that prevent citizens from exercising their Second Amendment rights by closing retail gun stores as “non-essential businesses.”

Because California law requires background checks done by licensed dealers for every firearm transfer in the state, it is impossible for Californians to buy, sell or even loan firearms because no background checks are available in these jurisdictions.“Local governments in California, or anywhere else for that matter, cannot simply suspend the Constitution, even using a public health crisis as an excuse,” Gottlieb stated. “In this case, they are using the COVID-19 crisis as political cover to put restrictions on a constitutional right they don’t like, and we’re taking action to stop them.”

Earlier: GUN GROUPS SUE CAL. GOV. NEWSOM, L.A. COUNTY SHERIFF VILLANUEVA

BELLEVUE, WA – Four leading gun rights organizations today filed a lawsuit in federal court against California Gov. Gavin Newsom and Los Angeles County Sheriff Alex Villanueva, alleging both state and local policies and enforcement practices violate the Second and Fourteenth Amendment rights of their citizens.

Joining in the lawsuit are the Second Amendment Foundation, National Rifle Association, California Gun Rights Foundation and Firearms Policy Coalition. The complaint was filed in U.S. District Court for the Central District of California. A copy of the complaint may be read here.

“California’s attack on fundamental rights in times of emergency must be stopped in its tracks,” observed SAF founder and Executive Vice President, Alan Gottlieb. “This case is part of our mission to win firearms freedom one lawsuit at a time. And more, the lawsuits we are filing across the country are making a large number of other states, counties, and cities think twice before closing down essential gun stores.”

“Twenty-eight years ago, the LAPD had to withdraw their officers to protect their safety,” added CGF Chairman, Gene Hoffman. “We hope that the stay-home orders will mean that our public servants will not become infected in this pandemic, but the Constitution guarantees that everyone has a right to acquire arms and defend themselves should law enforcement not be able to respond before it’s too late. No petty autocrat can be allowed to suspend the Bill of Rights.”

“Municipalities and states that target lawful gun stores for closure aren’t promoting safety,” noted commented NRA-ILA Executive Director, Jason Ouimet. “By weaponizing their politics to disarm you and your loved ones, these shameless partisans are wantonly promoting a gun-control agenda that suffocates your Second Amendment rights when you need them most. NRA members recognize these unlawful power-grabs for what they are, and the National Rifle Association is proud to stand and fight alongside fellow Second Amendment groups who recognize it as well.”

“Especially due to the restrictive nature of California’s Byzantine gun laws that require the use of licensed dealers to buy and transfer both firearms and ammunition, the defendants’ orders and actions challenged individually and collectively violate the Constitution and individuals’ fundamental rights to keep and bear arms and due process of law,” explained attorney and FPC Director of Legal Strategy, Adam Kraut. “These irrational and outrageous fiat restrictions cannot withstand constitutional scrutiny and must be enjoined from enforcement.”

“California’s State and local governments cannot simply suspend the Constitution,” FPC President Brandon Combs said. “This case is one of many actions FPC is taking around the United States to fight for liberty and freedom. The entire FPC team has been and will remain all-hands-on-deck, working around the clock on important efforts to safeguard the People’s individual liberties and property, especially the rights to keep and bear arms, free speech, privacy, and due process. FPC is fully committed to uniting the advocacy space and partnering with organizations and law firms around the country to fight government abuses and defend the People’s right to defend their lives and homes. We especially wish to recognize and thank our incredible members and supporters who make all of our legal action, research, and grassroots activism programs possible.”

This is one of several legal actions filed in recent days in which SAF is a plaintiff. 

“These lawsuits,” Gottlieb stated, “are making a large number of other states, counties and cities think twice before closing down essential gun stores.”

COVID-19: The Second Amendment Foundation continues to work protecting your Civil Rights. On Monday, March 24, 2020 SAF filed suit against New Jersey’s ban on the sale of firearms and ammunition