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24 Hours, 3 Victories for Strong Gun Laws

The Brady Center’s Legal Action Project helped defeat gun lobby challenges to gun laws in three important cases between January 12th & 13th, 2012:

In NSSF v. ATF, a federal judge in Washington, D.C. dismissed a gun lobby challenge to an Obama Administration rule requiring that gun dealers in the Southwest border states notify law enforcement of bulk sales of semi-automatic rifles, a key indicator of gun trafficking.  The court agreed with an amicus brief filed by LAP contending that ATF had authority to promulgate the rule.

In Birdt v. Beck, a federal judge upheld Los Angeles County’s strong concealed carry laws, agreeing with an amicus brief filed by LAP.  This victory follows victories at the district court level in similar cases in Yolo County and San Diego County, in which LAP also filed amicus briefs.  

In Piszczatoski v. Filko, a federal judge upheld New Jersey’s strong public carry laws, throwing out the Second Amendment Foundation’s challenge.  Agreeing with LAP’s amicus brief, the judge stated that "the Second Amendment does not include a general right to carry handguns outside the home."

The gun lobby has already stated that it will appeal its defeats, and LAP will continue to defend the important and life-saving gun laws at issue in each case on appeal.

 


Click here for more information about the Legal Action Project.  Click here for more information about the three victories. 

 

Judge Dismisses Another NRA Lawsuit in Texas, Agrees with Brady Center

 

 

 

On January 19, 2012, a conservative federal judge in Lubbock, Texas agreed with the Brady Center’s Legal Action Project and dismissed the NRA’s challenge to a Texas law prohibiting teens and young adults 18-20 years old from carrying concealed weapons in public, in the case Jennings v. McCraw.

The Brady Center’s brief supported the law and cited studies showing that young persons under 21 often lack the same ability as adults to “govern impulsivity, judgment, planning for the future, and foresight of consequences.”

On September 29, 2011, the same federal judge agreed with another Brady Center brief and dismissed a different NRA case, Jennings v. ATF, challenging the federal Gun Control Act’s prohibition on licensed dealers selling handguns to people under 21. 

» Click here to read our press release in Jennings v. McCraw
» Click here to read our press release in Jennings v. ATF

 
The original plaintiff in both cases was 18-year-old James D'Cruz, pictured above, whose Facebook page was filled with violent rhetoric and images. 

Victory in NRA-Backed Florida Gag-Rule Case

The Brady Center won an important victory for doctors, patients, and the First Amendment when a federal judge blocked enforcement of an unprecedented new NRA-backed law in Florida that restricted health care providers, including pediatricians, from warning or advising patients about the risks posed by firearms.  The Brady Center filed suit against the law and won a preliminary injunction blocking the law. 

» Click here to read our brief
» Click here to read our press release


Boy Holding a Gun
The Brady Center will defend this decision at trial and/or on appeal, and will challenge similar laws if the NRA succeeds in enacting them in other states.
A Victim's Family Receives Justice

Brady Center lawyers have achieved a landmark settlement against a major gun manufacturer, Kahr Arms, in a lawsuit showing the fatal consequences of gun industry irresponsibility and the importance of protecting the legal rights of gun violence victims. The settlement - $600,000 - is the largest damages payment ever by a gun manufacturer charged with negligence leading to the criminal use of a gun.

The settlement is especially significant because it was reached after the enactment of a federal law in 2005, sought by the gun lobby, purporting to give special legal protection to the gun industry. By settling the lawsuit, Kahr Arms avoided a ruling on the applicability of the legal protection statute.

» Click here to read the press release
» Click here to read about the case
» Click here to learn more about the Legal Action Project

Senior Attorney Dan Vice explains the case.

Brady Center Report: Hollow Victory? (eBook Download)

» Click here for this PDF report / free ebook download
Nook, Kindle, iPad and eReader compatible

In the report Hollow Victory?, the Brady Center comprehensively analyzes the more than 400 challenges to gun laws filed by the gun lobby and gun criminals in the wake of the U.S. Supreme Court's rulings in D.C. v. Heller and McDonald v. City of Chicago. This report finds that the courts have overwhelmingly rejected these challenges.

» Click here to read the press release
» Click here to read a recent article in the Washington Post
» Click here to learn more about the Second Amendment


Brady Center: Hollow Victory? Report
The report shows that in every major policy area pursued by the gun lobby in the courts, gun lobby lawsuits have met defeat.