September 18, 2015
Today, the U.S. Court of Appeals for the District of Columbia Circuit ruled in Heller III -- in a case where Gun Owners Foundation had submitted a brief.
GOF’s amicus brief in this case rebuked DC judges for consistently abandoning the first principles articulated in the 2008 Heller decision handed down by the U.S. Supreme Court, and we took the District Court’s opinion to task for permitting sociology and statistics to trump constitutional rights.
When Dick Heller's first challenge to D.C.'s gun laws reached the U.S. Supreme Court, on February 11, 2008, we filed an amicus brief in support. When the case was decided later in 2008, were astonished how Justice Scalia's opinion tracked the argument in our brief -- rejecting balancing tests, and embracing a textual/contextual/historical analysis. (Heller I).
The Gun Owners Foundation exists in order to educate the public about the importance of the Second Amendment and to provide legal, expert and support assistance for law-abiding individuals involved in firearms-related cases. The Foundation is a 501(c)(3) charitable organization, incorporated in the Commonwealth of Virginia. Contributions to Gun Owners Foundation are fully tax-deductible.
June 16, 2014
Today, the Supreme Court handed down a favorable decision in the Susan B. Anthony List v. Driehaus case, in which Gun Owners Foundation (and GOA) had submitted an amicus brief!
This decision is extremely important for pro-gun supporters, as the net effect of the verdict means that anti-gun state bureaucrats will find it much harder to squelch GOF’s First Amendment speech.
November 11, 2014
Gun Owners Foundation (and GOA) submitted a brief, challenging Maryland’s so-called “assault weapons” ban, in the U.S. Court of Appeals for the Fourth Circuit.
In 2013, Maryland banned the possession or transfer of what it calls “assault weapons” and the transfer of so-called “large capacity magazines.”
June 16, 2014
Today the Supreme Court ruled against James Abramski, a former police officer who was eligible to own firearms and who bought a handgun for his elderly uncle who was also eligible to own firearms.
Both men passed a NICS background check, yet the Bureau of Alcohol, Tobacco, and Firearms (ATF) claimed that Abramski lied on his Form 4473 when he claimed he was the “actual buyer” of the firearm.
September 9, 2014
Gun Owners Foundation submitted a brief before the U.S. Supreme Court in Heller v. District of Columbia.
GOF’s amicus brief in this case rebukes DC judges for consistently abandoning the first principles articulated in the 2008 Heller decision handed down by the U.S. Supreme Court, and we take the District Court’s opinion to task for permitting sociology and statistics to trump constitutional rights.
June 2, 2015
Gun Owners Foundation (and GOA) is challenging California’s 10-day waiting period to purchase a firearm -- in a case that is currently before the United States Court of Appeals for the Ninth Circuit.
In California, one must wait 10 days before he can possess the firearm he purchases. Proponents argue that because the waiting period is regulating the commercial sale of firearms, it is “reasonable” and therefore constitutional.
However, GOF asserts that this argument clearly goes against the Second Amendment text and historical principles, as well multiple Supreme Court decisions.
June 16, 2014
Gun Owners Foundation (and GOA) submitted a brief before the U.S. Supreme Court in Heien v. North Carolina.
In this case, a driver was pulled over by police — even though he had not violated the law in any way. The North Carolina Supreme Court upheld the stop and search, claiming it to be “reasonable” — even though it was illegal.
GOF’s brief defends the Fourth Amendment property right to the security of one’s person. If no law has been violated, then the government has no superior interest in detaining a person or seizing property, and thus the search and seizure was unconstitutional no matter how “reasonable” the police may have acted.
This case is important because it will ultimately protect gun owners from having their firearms seized. The Supreme Court will hear oral arguments in the case this fall and issue its opinion thereafter.