National Foundation for Gun Rights press release

National Foundation for Gun Rights Preparing to Sue New Mexico

National Foundation for Gun Rights press release

FOR IMMEDIATE RELEASE: February 17, 2023

Contact: NFGR Press Room
Tel. 877-405-4570
Email: pressdept@gunrightsfoundation.org

Santa Fe, NM – Today, the National Foundation for Gun Rights sent a legal warning to leaders in the New Mexico legislature over proposed gun control bills advancing in the legislature. Personally addressed to Speaker of the House Javier Martínez, President Pro Tempore Mimi Stewart, House Judiciary Chair Christine Chandler, and Senate Judiciary Chairman Joseph Cervantes, the letter warns that NFGR will sue the State of New Mexico if the legislature enacts any so-called “assault weapons” or standard capacity magazine bans.

Democrat Gov. Michelle Lujan Grisham has promised to sign gun control bills which make it to her desk.

“Our legal foundation is currently engaged in litigation aimed at overturning state and local laws banning these weapons and magazines, and we are prepared to add New Mexico to that list,” said Dudley Brown, President of the National Foundation for Gun Rights. “We’re not going to sit by and watch more politicians infringe on the God-given rights of their constituents – and we’ll sue if we have to, our letter makes that crystal clear.”

The National Foundation for Gun Rights recently filed seven lawsuits in five federal court circuits to eliminate unconstitutional magazine and semi-auto gun bans. This nationwide legal effort aims to take out every single ban on semi-automatic weapons and standard capacity magazines for good.

Sent today, the legal warning concludes with the threat of a lawsuit should any bill banning the sale, acquisition, or possession of so-called “assault weapons” or standard-capacity magazines be signed into law.

“Our attorney is standing by with his finger on the button ready to file a challenge to their unconstitutional law before the ink is even dry on the governor’s signature,” said Hannah Hill, Research and Policy Director at the National Foundation for Gun Rights. “Our mission at the National Foundation for Gun Rights is to expand pro-gun precedents and defend gun owners in the courts. We will follow through on that promise should New Mexico ignore the Second Amendment and Bruen decision from last summer.” 

A copy of the legal warning sent to legislative leadership in New Mexico can be viewed at: http://gunrightsfoundation.org/wp-content/uploads/NM-legal-warning.pdf

The National Association for Gun Rights is the nation’s largest “no compromise” pro-gun organization, with 4.5 million members nationwide.

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NFGR Sues Over Just-Enacted Illinois Semi-Auto Ban

We are suing the state of Illinois over their newly passed “assault weapon” ban. While we have not filed any brand new lawsuit, we have been able to amend our current lawsuits in Highland Park and Naperville to incorporate the new state law.

NFGR has been proactive in restoring the rights of Illinoisans taking two ripe opportunities in Highland Park and Naperville to attack existing “assault weapon” bans. By merging the state ban into the existing lawsuits we are able to move the legal process forward much faster than if we had started the whole process over with a new claim.

Not only will this help with resource management by not redoing work we have already done, it will send a clear message to other states considering similar laws. These violations of our freedoms will not be tolerated.

Both our Naperville and Highland Park lawsuits can be read about here.

To help us continue fighting for your rights please donate here.

ATF Publishes Pistol Brace Rule

The ATF has released their long-awaited pistol brace ban. The rule will be effective as soon as it is entered into the federal registry, which must be within 30 days of January 13, 2023.

The rule expands the definition of “rifle” as follows:

“the definition of ‘rifle’ shall include a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., a ‘stabilizing brace’) that provides surface area that allows the weapon to be fired from the shoulder, provided other factors, as described in this preamble and in the amended regulations, indicate that the weapon is designed, made, and intended to be fired from the shoulder.”

This means that nearly any weapon with a pistol brace attached is now a rifle. If the barrel is shorter than 16″ (i.e. a pistol), it would now be classified as a short-barreled rifle and illegal unless the owner registers it with the federal government.

This has major implications for millions of law-abiding firearms holders who use pistol braces with their firearms. Unless they register those firearms with the ATF under the National Firearms Act (and pay $200 per tax stamp), they could be prosecuted for a felony.

This is a massive expansion of the only gun registry currently legal under federal law. With this rule suddenly millions of common everyday pistols get treated similarly to machine guns, silencers, and destructive devices (grenades, poisonous gases, and missiles).

So let’s call this “rule” what it really is. Gun registration for millions American gun owners.

This is a deliberate prelude to one day registering and taxing ALL rifles, pistols, or shotguns under the NFA.

Our legal team is analyzing the entirety of the 293-page document and will have a full legal analysis soon.

To help us continue fighting for your rights please donate here.

Click here for the full rule.

New York Supreme Court Judge Rules “Red Flag” Law Unconstitutional

On December 20th, 2022 Judge Tom Moran of the New York Supreme Court ruled New York’s Red Flag style gun confiscation law, unconstitutional. Putting a temporary stop to red flag sun confiscation in New York.

This came about when a petitioner only identified as G.W. filed an application in August of 2022 for a Temporary Extreme Risk Protection Order (“TERPO”), the name for New York’s red flag law, against an ex-girlfriend listed as C.N.

C.N. hired a lawyer to defend her on Constitutional grounds ultimately resulting in the ruling that this law is unconstitutional.

This is good news for gun owners. It is the first step in setting legal precedent and it is one of the first times a judge has ruled so strongly against red flag laws.

The court stated, “Second Amendment rights are no less fundamental than, for example, Fourth Amendment rights (the right to liberty), and must be provided the same level of due process and equal protection.”

The court went on to point out, “the Second Amendment establishes that the exercise of a fundamental right ‘shall not be infringed.’ However, [this law], does exactly that.”

Red flag laws, by design, do not respect due process or the language of the Second Amendment. A fact that is revealed quite glaringly in this ruling. This was perfectly summed up in by the judge when he wrote, “While some may advocate that ‘the ends justify the means’ in support of [this law], where those means violate a fundamental right under our Bill of Rights to achieve their ends, then the law, on its face, cannot stand.”

While the court had a good ruling in this case, it did not go so far as to rule that no red flag law under any circumstances can stand. Gun grabbers will always try and find ways to weasel around the Constitution and strip us of our rights. We need to keep fighting to ensure this does not happen.

Please considered joining the fight by contributing here.

To read the entire ruling click here.

San Jose city hall -Photo credit: Daderot

San Jose CA Gun Ownership Tax

The National Foundation for Gun Rights is suing the city of San Jose, California over their unconstitutional gun ownership tax and liability insurance mandate. San Jose passed a “first-of-its-kind” ordinance early in 2022 imposing an annual tax on gun owners simply for exercising their Second Amendment rights.

If this tax is allowed to stand, every left-leaning local government across the country will quickly follow. A victory here will help protect people everywhere from outrageous laws like this.

Read our most recent filing below:

California Data Breach Lawsuit

The National Foundation for Gun Rights is suing California Attorney General Rob Bonta for the outrageous leak of gun owners’ personal data, including full names, dates of birth, race, home addresses, driver’s license numbers, permit issue dates, and criminal histories (if any). This leak violated the Second and Fourth amendments of the Constitution in what appears to be a retaliatory move immediately following the Supreme Court’s pro-gun Bruen ruling. We are arguing that it is unconstitutional for California to collect, maintain, or disclose their citizens’ sensitive personal information in connection with the exercise of the right to keep and bear arms.

Read the complaint below:

Massachusetts “Assault Weapon” and Magazine Ban Lawsuit

The National Foundation for Gun Rights is suing the state of Massachusetts to overturn their so called “assault weapon” and magazine ban. With the decision handed down in Bruen, laws like this one will now need to find their justification in the history, text, and tradition of the Second Amendment. These laws ban firearms that are in common use throughout the United States in violation of the rule set forth in Heller. Massachusetts is in the 1st Circuit of the US Court of Appeals. A victory here will establish good legal precedent throughout the entire circuit, including Maine, New Hampshire, and Rhode Island.

Connecticut “Assault Weapon” and Magazine Ban Lawsuit

The National Foundation for Gun Rights is suing the state of Connecticut to overturn their so called “assault weapon” and magazine ban. With the decision handed down in Bruen, laws like this one will now need to find their justification in the history, text, and tradition of the Second Amendment. These laws ban firearms that are in common use throughout the United States in violation of the rule set forth in Heller. Connecticut is in the 2nd Circuit of the US Court of Appeals. A victory here will establish good legal precedent throughout the entire circuit including New York and Vermont.

Naperville, IL “Assault Weapon” Sale Ban

The National Foundation for Gun Rights is suing the city of Naperville, IL for an “assault weapon” sale ban. We have amended our complaint to incorporate the state “assault weapon” ban as well. Our plaintiff, Robert Bevis, is a local gun store owner who stepped up to challenge this unconstitutional ban by speaking with his city council to try and stop this terrible law. With the decision handed down in Bruen, laws like this one will now need to find their justification in the history, text, and tradition of the Second Amendment. These laws ban firearms that are in common use throughout the United States in violation of the rule set forth in Heller. Highland Park is in the 7th Circuit of the US Court of Appeals. A victory here will establish good legal precedent throughout the entire circuit including Wisconsin and Indiana.

Highland Park, IL “Assault Weapon” and Magazine Ban Lawsuit

The National Foundation for Gun Rights is suing the city of Highland Park, IL to overturn their so called “assault weapon” and magazine ban. We have amended our complaint to incorporate the state “assault weapon” ban as well. With the decision handed down in Bruen, laws like this one will now need to find their justification in the history, text, and tradition of the Second Amendment. These laws ban firearms that are in common use throughout the United States in violation of the rule set forth in Heller. Highland Park is in the 7th Circuit of the US Court of Appeals. A victory here will establish good legal precedent throughout the entire circuit, including Wisconsin and Indiana.