National Foundation for Gun Rights press release

NFGR Sends Legal Warning to South Carolina Lawmakers over First Amendment Threat

National Foundation for Gun Rights press release


Contact: NFGR Press Room
Tel. 877-405-4570

National Foundation for Gun Rights Warns of Lawsuit if South Carolina General Assembly Passes “Gag Act” into Law

Enactment of S 174 would trample South Carolinians’ right to political speech and association free from government intrusion

Loveland, CO – The National Foundation for Gun Rights and allied law firm the Dhillon Law Group, Inc. informed the South Carolina Senate that if they pass Senate Bill 174 (commonly known as the Gag Act) into law, the Foundation will file a lawsuit as the law constitutes an infringement on multiple Constitutional rights.

“The Gag Act is a blatant violation of the rights enshrined in the First Amendment, and if the South Carolina Senate thinks they can get away with stripping the right to free speech and privacy away from ordinary citizens who join political groups, they better be prepared to face us in court,” said Dudley Brown, Executive Director of the National Foundation for Gun Rights.

If passed into law, the Gag Act would force organizations like the National Association for Gun Rights, Palmetto Gun Rights, and other grassroots groups and citizen organizations to disclose the private information of their members, as well as restrict citizen lobbying during state elections.

Part of the letter reads, “Senate Bill 174 (S 174) would flagrantly violate the constitutional rights of those who dare to speak to the public and associate with each other regarding their country’s and South Carolina’s pressing political challenges. We urge the Senate to reject this bill, which defies Supreme Court precedent rejecting unnecessary, invasive, vague, overbroad, and burdensome political disclosure requirements that unlawfully chill First Amendment freedoms of speech and association. Specifically, S 174 is a multi-pronged assault on South Carolinians’ constitutional rights and must be rejected.”

The National Association for Gun Rights has a vested interest in protecting the First Amendment, Second Amendment, and privacy rights of its members, as well as protecting the privacy rights of its state chapter, Palmetto Gun Rights.

The letter concludes:

“If SB 174 is enacted, we have been authorized to file a lawsuit pursuant to 42 U.S.C. §1983 for the deprivation of constitutional rights. Once we prevail in protecting those rights, we will seek our reasonable attorney fees under 42 U.S.C. §1988(b). We thereby strongly encourage you to reconsider moving forward with the proposed legislation.”

A full copy of the letter sent to the legislative leadership of the South Carolina Senate can be found here: South Carolina Senate Letter

The National Foundation for Gun Rights is a 503(c)(3) organization that exists to expand pro-gun precedents and defend gun owners in the courts.