Category: Lawsuit

District Court Vacates ATF Trigger Ban

Posted on | by Cole Maerli

Judge Reed O’Connor of the Northern District of Texas District Court has just issued summary judgment and VACATED the ATF’s unlawful classification of FRTs as machineguns. You can read the ruling here.

This case was litigated over the ATF’s violation of the Administrative Procedures Act. In other words, the ATF effectively wrote a new definition of machinegun without congressional authority.

As Judge O’Connor stated in his ruling:

The crux of this case is that the executive branch has improperly usurped legislative authority by enacting criminal prohibitions that are beyond the scope of its legislatively granted authority. Now, Defendants seek to arrogate unto themselves the judicial authority as well by placing their actions beyond the reach of pre-enforcement judicial review. This is not and cannot be.

This decision was largely based on the recent Garland v. Cargill Supreme Court ruling striking down the ATF’s ban on bump stocks, which was determined on the same grounds.

Along with the vacatur of the ATF’s classification, Judge O’Connor has also ordered the agency return any FRTs it has confiscated to their lawful owners.

The courts have just handed another huge blow to the ATF’s executive overreach, but the rogue agency will fight tooth and nail to continue its violations of your rights.

The ATF will certainly appeal this decision to the Fifth Circuit Court of Appeals, where they will likely ask for a stay of the district court’s decision while the case is litigated there.

If you are keeping track, this is the fourth time we have beaten the ATF on this issue. We previously won a preliminary injunction blocking enforcement against our members, and both the district court and the Fifth Circuit refused the ATF’s requests to suspend that order.

We are hopeful that the Fifth Circuit will once again deny the ATF’s requests.

We will continue to fight the ATF over this issue, even if it takes us all the way to the Supreme Court. The ATF will certainly appeal this decision soon, you can contribute to our legal war chest to continue this fight here.

Judge Denies Preliminary Injunction in Colorado Homemade Firearms Case

Posted on | by Cole Maerli

A federal judge in the Colorado District Court has denied our motion for a preliminary injunction in our case against the state’s ban on homemade firearms. You can read his ruling here.

The American tradition of manufacturing firearms in the home is one that extends to the colonial period, well before we achieved our independence from the British Empire.

Not only does this tradition extend to the earliest days of our republic, the individual right to manufacture your own firearms at home was absolutely critical in liberating our great country from British rule.

Many parts of the commonly owned muskets at the time were difficult to manufacture from scratch. So rather than attempt this, American colonists regularly imported quality percussion locks, barrels, and other parts from Europe.

This is the exact same conduct a modern American engages in when ordering a firearm parts kit, and then manufacturing those parts into a commonly owned firearm of today.

None of our historical evidence mattered to Judge Gallagher, who ruled that the Second Amendment does not apply in this case at all, because the state’s ban merely “imposes a condition on the commercial sale of a firearm.”

This is yet another instance of a federal judge sidestepping any analysis under the Bruen standard to allow a state to infringe upon our God-given rights.

Your National Foundation for Gun Rights will not allow our rights to be stripped, especially with the District Court refusing to even hear this case on Second Amendment grounds.

That is why we have already filed our appeal to the Tenth Circuit Court of Appeals, where the judges will hopefully find the lower court’s decision just as outrageous as we did.

Click here to contribute to our legal war chest and help us continue to fight for the Second Amendment!

NFGR Sues Over Just-Enacted Illinois Semi-Auto Ban

Posted on | by GRFadmin

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.

San Jose city hall -Photo credit: Daderot

San Jose CA Gun Ownership Tax

Posted on | by GRFadmin

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:

CLICK HERE TO DONATE

NAGR-supplemental-Bruen-briefingDownload

California Data Breach Lawsuit

Posted on | by GRFadmin

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:

CLICK HERE TO DONATE

Amended Complaint CA DOXDownload

Lawsuit Against Superior, CO “Assault Weapon” and Magazine Ban

Posted on | by GRFadmin

The National Foundation for Gun Rights is suing Superior, Louisville, and Boulder to overturn their so called “assault weapon” and magazine ban. We are also suing in Boulder County to overturn similar laws and those dealing with possession, sale, and transfer of so called “assault weapons.” Both parties have agreed to move forward with these cases at the same time because of their similarities and all the municipalities have agreed to stay enforcement pending resolution of the preliminary injunction motions.

With the decision handed down in Bruen, laws like these will now need to find their justification in the history, text, and tradition of the Second Amendment. These laws and ordinances ban firearms that are in common use throughout the United States in violation of the rule set forth in Heller.

Colorado is in the 10th Circuit of the US Court of Appeals. A victory here will establish good legal precedent throughout the entire circuit including WY, UT, NM, OK, and NE.

CLICK HERE TO DONATE
Complaint SuperiorDownload

Lawsuit Against Boulder, CO “Assault Weapon” and Magazine Ban

Posted on | by GRFadmin

The National Foundation for Gun Rights is suing Boulder, Louisville, and Superior to overturn their so called “assault weapon” and magazine ban. We are also suing in Boulder County to overturn similar laws and those dealing with possession, sale, and transfer of so called “assault weapons.” Both parties have agreed to move forward with these cases at the same time because of their similarities and all the municipalities have agreed to stay enforcement pending resolution of the preliminary injunction motions.

With the decision handed down in Bruen, laws like these will now need to find their justification in the history, text, and tradition of the Second Amendment. These laws and ordinances ban firearms that are in common use throughout the United States in violation of the rule set forth in Heller.

Colorado is in the 10th Circuit of the US Court of Appeals. A victory here will establish good legal precedent throughout the entire circuit including WY, UT, NM, OK, and NE.

CLICK HERE TO DONATE
City of Boulder ComplaintDownload

Lawsuit Against Louisville, CO “Assault Weapon” and Magazine Ban

Posted on | by GRFadmin

The National Foundation for Gun Rights is suing Louisville, Boulder, and Superior to overturn their so called “assault weapon” and magazine ban. We are also suing in Boulder County to overturn similar laws and those dealing with possession, sale, and transfer of so called “assault weapons.” Both parties have agreed to move forward with these cases at the same time because of their similarities and all the municipalities have agreed to stay enforcement pending resolution of the preliminary injunction motions.

With the decision handed down in Bruen, laws like these will now need to find their justification in the history, text, and tradition of the Second Amendment. These laws and ordinances ban firearms that are in common use throughout the United States in violation of the rule set forth in Heller.

Colorado is in the 10th Circuit of the US Court of Appeals. A victory here will establish good legal precedent throughout the entire circuit including WY, UT, NM, OK, and NE.

CLICK HERE TO DONATE
Louisville ComplaintDownload

Lawsuit Against Boulder County, CO “Assault Weapon” Possession, Sale, and Transfer Ban

Posted on | by GRFadmin

The National Foundation for Gun Rights is suing Boulder County to overturn their ban on the possession, sale, and transfer of so called “assault weapons.” We are also suing Louisville, Boulder, and Superior to overturn their so called “assault weapon” and magazine ban. Both parties have agreed to move forward with these cases at the same time because of their similarities and all the municipalities have agreed to stay enforcement pending resolution of the preliminary injunction motions.

With the decision handed down in Bruen, laws like these will now need to find their justification in the history, text, and tradition of the Second Amendment. These laws and ordinances ban firearms that are in common use throughout the United States in violation of the rule set forth in Heller.

Colorado is in the 10th Circuit of the US Court of Appeals. A victory here will establish good legal precedent throughout the entire circuit including WY, UT, NM, OK, and NE.

CLICK HERE TO DONATE
Boulder County ComplaintDownload