Post-Heller Litigation Summary

Posted on Wednesday, April 1st, 2015

Updated April 1, 2015

The Law Center’s Post-Heller Litigation Summary surveys the landscape of Second Amendment challenges to federal, state and local gun laws asserted in the aftermath of the United States Supreme Court’s controversial landmark decision in District of Columbia v. Heller.

Download our March 2015 Post-Heller Litigation Summary or read it below.

The Law Center’s Recent Developments in Second Amendment Litigation, provides updates on the latest court decisions and lawsuits related to the Second Amendment.  Download our October 2014 Recent Developments In Second Amendment Litigation or read it below.

No Permit, Big Problem

Posted on Friday, March 27th, 2015

 

One of the gun lobby’s priorities in 2015 is pushing dangerous legislation to allow people to carry hidden, loaded handguns in public without a permit. Currently, only four states lack a permit requirement for concealed carry, but in the first three months of 2015, 20 states have introduced bills to remove this lifesaving public safety measure.

This is a potentially deadly trend. “No permit” concealed carry will:

  • Embolden felons and other prohibited people to carry concealed weapons in public.
  • Reduce law enforcement’s ability to identify those prohibited people.
  • Increase the risk of intentional and accidental shootings in public places.
  • Increase gun trafficking.

Without a permit requirement, it becomes more difficult for law enforcement to confirm that people carrying loaded, hidden weapons in public are law abiding. Felons, domestic abusers, and the dangerously mentally ill are forbidden from possessing firearms under federal law, but with “no permit” the police lose an avenue to check that people are carrying guns legally, which in turn emboldens dangerous people to carry guns in public with little risk of being caught, jeopardizing the safety of police officers and the public.

The application process for a concealed carry permit—which includes mandatory firearm safety training in several states—naturally limits the number of people applying to carry guns in public. Without these permits, more people will carry concealed weapons, increasing the risk that everyday disagreements will escalate into shootouts, especially in places where disputes frequently occur—in bars, at sporting events, and in traffic. Experts have agreed, again and again, that more guns in public leads to more gun injuries and deaths—not fewer.

Weak concealed carry laws are also correlated to an increase in gun trafficking. Mayors Against Illegal Guns (now Everytown for Gun Safety) found that states with weak permitting laws are the source of crime guns recovered in other states at more than twice the rate of states with strong permitting laws.

Last week, West Virginia Governor Earl Ray Tomblin courageously vetoed a no permit bill after bipartisan polling found that 83 percent of voters and 81 percent of gun owners in that state support requiring a permit to carry a concealed weapon. And West Virginians echo national sentiment—88 percent of likely 2016 voters oppose laws allowing people to carry hidden, loaded weapons without a permit.

These polling figures show that both the gun lobby and the politicians who play to them are out of touch with what Americans want—and concealed carry permits are part of that package. The good news is that in spite of the gun lobby’s efforts, we’ve seen an unprecedented momentum for smart gun laws. Since Newtown, 99 new smart gun laws have been passed and the gun lobby has lost court case after court case, including just this month in Fyock v. Sunnyvale and Pena v Lindley. The tide is turning.

More Good News from the Courts: Ninth Circuit to Rehear Peruta

Posted on Thursday, March 26th, 2015

 

Today, the Ninth Circuit agreed to rehear Peruta v. San Diego, a dangerous decision that struck down San Diego County’s application of the state’s “good cause” requirement for concealed carry permits. This very encouraging news comes on the heels of a string of recent court victories for smart gun laws, including decisions on a large capacity magazine ban in Sunnyvale and California’s Unsafe Handgun Act.

Peruta is an especially high-profile case that has the potential to influence gun policy across the country. At issue is whether requiring permit applicants to demonstrate a specific need to carry a loaded, hidden weapon in public violates the Second Amendment. The two-judge majority in Peruta struck down that requirement, but the decision was contrary to the rulings of several other circuit courts nationwide and, if allowed to stand, would seriously jeopardize public safety in California.

The Law Center has been involved in Peruta from the start, filing several amicus briefs throughout the litigation, including one urging the Ninth Circuit to rehear the case, and we are very excited that the Ninth Circuit agreed—rightly—that a review of the decision was warranted.

Today’s news demonstrates yet again that the gun lobby is on the run when it comes to Second Amendment litigation. These victories combined with last year’s landmark background checks ballot initiative in Washington State and the slew of smart gun laws being introduced in state legislatures across the country shows that in spite of federal inaction, Americans are willing to fight for the sensible gun legislation that save lives.

Read our full summary of Peruta to learn more.

Sponsor the 22nd Anniversary Dinner

Posted on Tuesday, March 24th, 2015

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The Anniversary Dinner is only possible through the generous support from our sponsors — organizations and individuals dedicated to the Law Center’s mission to save lives from gun violence through smart gun laws. Learn more about the speakers and program for the 22nd Anniversary Dinner.

Sign up online to sponsor the 22nd Anniversary Dinner today.

Prefer to sponsor the 22nd Anniversary Dinner offline? Download the sponsor form here.

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  • Opportunity to host and brand the Private Reception
  • Two tables of 10 at the dinner and 20 invitations to Private Reception
  • On-stage acknowledgement as lead sponsor
  • An ad in prominent publication with logo as lead sponsor
  • Premier acknowledgement in the printed invitation to the Law Center’s mailing list of more than 3,000 individuals nationwide
  • Premier acknowledgement in several Law Center emails circulated to more than 6,000 individuals nationwide
  • Dedicated full page profile in Dinner Program plus a full page ad on the back cover
  • Dedicated slide with organization’s logo in multimedia presentation
  • Organization’s name acknowledged on the table centerpieces
  • Recognition on the Law Center’s website for 1 year, including organization’s logo, profile, and website link
  • In-house CLE seminar featuring a Law Center expert redeemable for up to a year following the event

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  • A table for 12 guests at the dinner and 12 invitations to the Private Reception
  • Prominent acknowledgement in several Law Center emails circulated to more than 6,000 individuals nationwide
  • Prominent acknowledgement in the printed invitation to the Law Center’s mailing list of more than 3,000 individuals nationwide
  • Dedicated full page profile with organization’s logo in Dinner Program and multimedia show at event
  • Organization’s name acknowledged on the table centerpieces
  • Recognition on the Law Center’s website for 1 year, including organization’s logo, profile, and website link
  • In-house CLE seminar featuring a Law Center expert redeemable for up to a year following the event

sponsor-headers-frontrunner

  • A table for 10 guests at the Dinner
  • Invitation for 4 to the Private Reception
  • Prominent acknowledgement in several Law Center emails circulated to more than 6,000 individuals nationwide
  • Prominent acknowledgement in the printed invitation to the Law Center’s mailing list of more than 3,000 individuals nationwide
  • Dedicated full page profile with organization’s logo in Dinner Program and multimedia show at event
  • Organization’s name acknowledged on the table centerpieces
  • Recognition on the Law Center’s website for 1 year, including organization’s logo, profile, and website link
  • In-house CLE seminar featuring a Law Center expert redeemable for up to a year following the event

sponsor-headers-leader

  • A table for 10 guests at the Dinner
  • Invitation for 4 to the Private Reception
  • Prominent acknowledgement in several Law Center emails circulated to more than 6,000 individuals nationwide
  • Prominent acknowledgement in the printed invitation to the Law Center’s mailing list of more than 3,000 individuals nationwide
  • Sponsor profile with organization’s logo in Dinner Program
  • Dedicated slide with organization’s logo in multimedia presentation
  • Organization’s name acknowledged on the table centerpieces
  • Recognition on the Law Center’s website for 1 year, including organization’s logo, profile, and website link
  • In-house CLE seminar featuring a Law Center expert redeemable for up to a year following the event

sponsor-headers-underwriter

  • A table for 10 guests at the Dinner
  • Acknowledgement in several Law Center emails circulated to more than 6,000 individuals nationwide
  • Acknowledgement in the printed invitation to the Law Center’s mailing list of more than 3,000 individuals nationwide
  • Sponsor profile with organization’s logo in Dinner Program
  • Dedicated slide with organization’s logo in multimedia presentation
  • Organization’s name acknowledged on the table centerpieces
  • Recognition on the Law Center’s website for 1 year
  • In-house CLE seminar featuring a Law Center expert redeemable for up to a year following the event

sponsor-headers-patron

  • A table for 10 guests at the Dinner
  • Acknowledgement in several Law Center emails circulated to more than 6,000 individuals nationwide
  • Acknowledgement in the printed invitation to the Law Center’s mailing list of more than 3,000 individuals nationwide
  • Sponsor listing in Dinner Program
  • Dedicated slide with organization’s logo in multimedia presentation
  • Organization’s name acknowledged on the table centerpieces
  • Recognition on the Law Center’s website for 1 year
  • In-house CLE seminar featuring a Law Center expert redeemable for up to a year following the event

sponsor-headers-benefactor

  • A table for 10 guests at the Dinner
  • Acknowledgement in several Law Center emails circulated to more than 6,000 individuals nationwide
  • Acknowledgement in the printed invitation to the Law Center’s mailing list of more than 3,000 individuals nationwide
  • Sponsor listing in Dinner Program and multimedia show at event
  • Organization’s name acknowledged on the table centerpieces
  • Recognition on the Law Center’s website for 1 year
  • In-house CLE seminar featuring a Law Center expert redeemable for up to a year following the event

sponsor-headers-host

  • 4 tickets to the Anniversary Dinner and Reception
  • Acknowledgement in several Law Center emails circulated to more than 6,000 individuals nationwide
  • Acknowledgement in the printed invitation to the Law Center’s mailing list of more than 3,000 individuals nationwide
  • Sponsor listing in Dinner Program and multimedia show at event
  • Recognition on the Law Center’s website for 1 year

sponsor-headers-cohost

  • 2 tickets to the Anniversary Dinner and Receptions
  • Acknowledgement in several Law Center emails circulated to more than 6,000 individuals nationwide
  • Acknowledgement in the printed invitation to the Law Center’s mailing list of more than 3,000 individuals nationwide
  • Sponsor listing in Dinner Program and multimedia show at event
  • Recognition on the Law Center’s website for 1 year

StD-Sponsor-Button

 

22nd Anniversary Dinner

Posted on Friday, March 20th, 2015

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2015 COURAGEOUS LEADERSHIP AWARD

Mike Feuer
Los Angeles City Attorney
Co-chair, Prosecutors Against Gun Violence

Cyrus Vance Jr.
New York County District Attorney
Co-chair, Prosecutors Against Gun Violence

2015 COURAGEOUS HONOREE AWARD

Mark Barden
Advocacy Director, Sandy Hook Promise
Newtown Parent


ABOUT THE ANNIVERSARY DINNER

Each year, the Law Center’s Anniversary Dinner brings together our community to honor the exceptional efforts of a few key individuals for their outstanding leadership in the gun violence prevention movement. The dinner, with an audience of 500–700 attorneys, business professionals, lawmakers, and advocates from all over the country, is a truly unique opportunity to recognize the movement’s champions, celebrate the Law Center’s remarkable achievements, and support the fight for smart gun laws that save lives. Sponsor a table today.

Learn more about sponsorship opportunities.

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Success in Sunnyvale—Another Victory for Gun Safety

Posted on Thursday, March 5th, 2015

Sunnyvale

California leads the nation when it comes to smart gun laws, and the Law Center is proud to have played an essential role in the latest decision handed down by the Ninth Circuit Court of Appeals.

Yesterday, the Ninth Circuit upheld a California district court’s decision in Fyock v City of Sunnyvale, concerning a 2013 ballot measure that prohibited the possession of large-capacity magazines within the city limits of Sunnyvale, CA. Voters ushered in Measure C with a decisive 66% of the vote, yet the plaintiffs claimed local regulation of these deadly magazines infringed on their Second Amendment rights. The Ninth Circuit found little support for the NRA-backed plaintiffs’ argument that the law violates the Second Amendment, holding that Sunnyvale had presented sufficient evidence to show that the law would likely be found constitutional.

When the gun lobby hired expensive, high-profile Supreme Court litigators to try to overrule Sunnyvale’s voters, we countered by connecting the city with pro bono legal counsel from the highly respected law firm of Farella, Braun + Martel. We also filed an amicus brief with the Ninth Circuit, outlining the many dangers of large capacity magazines (those that can hold more than 10 rounds), which make it easier for criminals to shoot more people more quickly, increasing the number of victims. These magazines are disproportionately used in mass shootings, like those in Newtown, Aurora, Tucson, Virginia Tech, and the 1993 massacre in San Francisco that led to the founding of the Law Center.

The Sunnyvale victory builds on the unprecedented momentum across the country for common sense guns laws that save lives. Just last week, a federal court upheld California’s groundbreaking Unsafe Handgun Act, which keeps junk guns off the market and requires the use of microstamping technology, making it easier for law enforcement to trace crime guns. The decision to uphold this important law will help encourage other states to follow suit. Historic progress is also being made in state legislatures, with 99 new smart gun laws passed in 37 states since the tragic shooting at Sandy Hook Elementary. But there’s still much work to be done, and the Law Center is ready to fight for the rights of communities to legislate their own safety. Join us in the fight against gun violence.

Learn more about the dangers of large capacity ammunition magazines.

Check out the Law Center’s amicus brief in the Sunnyvale case.

Federal Court Upholds All Aspects of California’s Unsafe Handgun Act

Posted on Wednesday, March 4th, 2015

 

© IAN CURCIO PHOTOGRAPHY 2012www.iancurcio.comian@iancurcio.com

Chalk up another win for California’s common sense gun laws. Last week, US District Judge Kimberly Mueller ruled that the state’s groundbreaking Unsafe Handgun Act (“UHA”) is constitutional, a major victory for gun safety proponents. The UHA, originally passed in 1999, requires all handguns sold in the state to meet rigorous safety standards, which reduce the number of “junk guns” on the market. All new handguns must pass firing and drop testing, utilize a ”chamber load” indicator, and incorporate microstamping technology—a unique code imprinted on a casing when a handgun is fired, which helps law enforcement solve gun crimes.

A number of individual gun owners and pro-gun organizations filed the lawsuit in 2009, arguing that the UHA interfered with their right to own any handgun, regardless of quality. In her decision, Judge Mueller pointed out that the UHA merely “imposes conditions and qualifications on the commercial sale of arms,” which the US Supreme Court specifically identified as a “presumptively lawful” regulation in its landmark Heller decision. With this in mind, Judge Mueller found that the UHA “does not adversely impact the access to and sale of firearms” and forcefully concluded that “[t]his degree of regulation is negligible and does not burden plaintiffs’ rights under the Second Amendment.”

Plaintiffs have already filed an appeal to the Ninth Circuit, where the Law Center plans to file an amicus brief in support of the law. As Judge Mueller correctly found, the right to bear arms does not include the right to purchase poorly made, low-quality guns that do not meet common sense safety standards. We hope you’ll join us in the fight to defend the UHA, a key component of California’s intelligent approach to gun violence prevention. Smart gun laws like the UHA have helped decrease firearm homicide rates in California more than 64 percent since the mid-1990s, and positioned California as a model for other states when it comes to combating the public health crisis of gun violence in the United States.

2015 State Gun Law Trendwatch

Posted on Friday, February 27th, 2015

READ TRENDWATCH | POSITIVE TRENDS | NEGATIVE TRENDS | BILLS ON THE MOVE

A key component of the work our legal experts do here at the Law Center to Prevent Gun Violence is tracking and analyzing firearms legislation in all 50 states. As the 2015 legislative cycle kicks into gear, we’ve noticed several patterns. Our biweekly Gun Law Trendwatch rounds up and analyzes the positive legislative trends (such as bills that are being considered in a handful of states to require background checks for private sales), negative legislative trends (like a spate of campus carry bills), and a roundup of bills on the move. We hope you find Trendwatch useful in your legislative efforts this year.

 

READ THE LATEST TRENDWATCH (3.30.15)

GUN LAW TRENDWATCH 3.16.15
GUN LAW TRENDWATCH 3.2.15
GUN LAW TRENDWATCH 2.17.15
GUN LAW TRENDWATCH 2.2.15

READ MORE »

Waiting Periods in Vermont

Posted on Friday, February 20th, 2015

Vermont imposes no waiting period between the time of purchase and the actual physical transfer of a firearm.

See our Waiting Periods policy summary for a comprehensive discussion of this issue.

Retention of Sales & Background Check Records in Vermont

Posted on Friday, February 20th, 2015

Vermont law requires all pawnbrokers and retail firearms dealers to keep a record book in which they record the sale of all handguns and the purchase of all second-hand handguns.1 The record must include the date of the transaction, the marks of identification on the firearm (including the manufacturer’s name, the caliber, model and manufacturer’s number of the firearm), and the name, address, birthplace, occupation, age, height, weight and the color of eyes and hair of the purchaser or seller.2 The purchaser or seller must sign his or her name to the record, and the pawnbroker or firearms dealer must preserve the record book for six years after the date of last entry and make it available for inspection by law enforcement.3

Vermont has no law requiring the reporting of sales of firearms to a state or local agency.

See our Retention of Firearm Sales & Background Check Records policy summary for a comprehensive discussion of this issue.

  1. Vt. Stat. Ann. tit. 13, § 4006. []
  2. Id. []
  3. Id. []