Court Cases & Briefs
Gun Owners of California has been knee deep in court cases for the past few years – and this is where we have achieved the majority of our wins. Given the political makeup at the Capitol in Sacramento, the courts are a vibrant and “target rich” environment for some solid 2A victories. The list below represents our current legal activity – whether as actual plaintiffs, filers of amicus (friends of the court) briefs or general support in the gathering of statistical data. Without question, battling it out in the courts has become key in our strategy to defend the Second Amendment – and it takes a significant amount of financial resources. Thank you for continuing to support us in these notable efforts!
An amicus (friend of the court) brief has been filed by GOC and CRPA that calls into question the constitutionality of Gun Violence Restraining Orders, or Red Flag Laws as they are commonly known. Notwithstanding the clear fact that plaintiff Zackey Rahimi is a less than model citizen, this does not excuse the government from violating any individual’s civil rights without the constitutional protection of due process. This case was argued before SCOTUS in early November, and a decision will be forthcoming in late Spring of 2024.
A lawsuit challenging Senate Bill 2 (SB2) was filed on September 12, 2023, just days after the bill was passed by the California legislature, which establishes the majority of the state as “sensitive places” and makes significant changes to Concealed Carry Weapons (CCW) procedures and increase the costs of obtaining a permit by law-abiding citizens. It is an apparent attempt to circumvent the ruling from the United States Supreme Court in New York State Rifle and Pistol Association v Bruen, which legally established California a “shall issue” state. The suit was filed by a robust contingent of 2A warriors as plaintiffs including YouTube sensations Reno May and Anthony Miranda (the Armed Scholar), and GOC/GOA/GOF, Second Amendment Foundation, Liberal Gun Owners Association and our trusted partners the CRPA. (See Complaint here.)
On August 28, 2023, GOC/GOA/GOF joined CRPA, 2A Law Center, CCRKBA, and several other Second Amendment groups filed an amicus brief with the 4th Circuit Court of Appeals to challenge the establishment of sensitive places by Mongomery County, thereby rendering a concealed weapons permit useless. (See brief here.)
On August 8, 2023, Federal District Court Judge for the District Hawaii, Judge Leslie E. Kobayashi, issued a Temporary Restraining Order (TRO) preventing the majority of Hawaii’s sensitive places law established by SB 1230 as unconstitutional based on the Bruen test of text, history and tradition. On September 7, 2023 the State of Hawaii appealed the ruling to the 9th Circuit Court of Appeals. GOC/GOA/GOF, CRPA, 2A Law Center, SAF, and the Hawaii Rifle Association wrote an amicus brief that was quoted by Judge Kobayashi in her ruling. (See our brief here.)
On July 10, 2023, GOC/GOA/GOF teamed up with CRPA, the 2A Law Center and a number of other pro-gun partners to file an amicus brief with the 3rd Circuit Court of Appeals to challenge Delaware’s so-called assault weapons ban.
(See brief here.)
On June 23, 2022, SCOTUS declared NY’s CCW system as unconstitutional and directed inferior courts – definitively - that two-step “balancing tests” can no longer be used by judges to decide gun control cases. The court ruled that only the text, history and tradition can be applied to evaluate cases. Bottom line, if the law or a similar law did not exist in 1791, it is unconstitutional. The cases of Heller, McDonald, Caetano and now Bruen must be used as a rock-solid basis to challenge ALL unconstitutional anti-Second Amendment laws across the country.
GOC/GOA/GOF filed an amicus brief on this landmark case.
On January 11, the Supreme Court denied the emergency application filed in Antonyuk v. Nigrelli asking the Court to vacate the Second Circuit’s stay of District Judge Suddaby’s preliminary injunction decision striking down substantial portions of New York’s post-Bruen gun law. Although the legal maneuverings are as complicated as they are confusing, this is a solid 2A win for us and demonstrates our amicus effectiveness.
On July 8, 2022, CRPA, GOC and several other 2A partners (plaintiffs) challenged California’s violation of First Amendment rights of free speech, association and assembly by virtually banning all shooting and firearms related activities and marketing to youth. (Click here for copy of Complaint). But on September 13, 2023, a 3-judge panel of the 9th Circuit Court of Appeals ruled that the State’s ban was a clear violation of the 1st Amendment and enjoined the laws from going into effect. A clear victory for the 2nd Amendment via the 1st Amendment. (See Decision here.)
This case brought by GOA and GOF challenges the state constitutionality of Oregon’s Measure 114, which was passed by a ballot initiative that requires a permit before a firearms purchase, training course mandates, fees as well as a ban on large capacity magazines. On December 7, 2022, a TRO was issued by Circuit Court Judge Robert Raschio and upheld by the State Supreme Court because the “danger of deprivation of fundamental constitutional rights for any period constitutes irreparable harm.”
GOC/GOA/GOF challenged in state court of Tennessee’s ban on carrying firearms for self-defense in ordinary places such as public parks and public recreational venues.
GOA and GOF are challenging the State of Illinois Firearms Ban Act (so-called assault weapons ban.) On April 28. 2023, the Federal District Court issued an injunction preventing the law from going into effect. On May 1, 2023, the State appealed the ruling to the 7th Circuit Court of Appeals.
GOC is a plaintiff in this case that challenges California’s AB 1327, a statute that makes it impossible for pro-2A lawsuits to be filed against the state. It would require pro-gun groups to reimburse the state for legal costs if any 2A plaintiffs do not win 100% in any case. On December 19, 2022, the Federal District Court issued an injunction preventing Newsom, Bonta or the state from enforcing AB 1327.
Challenge to California’s Ammunition Sales Laws and Regulations. After SCOTUS issued its ruling in NYSRPA v Bruen, the 9th Circuit remanded Rhode back to Judge Roger T. Benitez to reconsider under the mandated rule of text, history and tradition as the only guides to making a decision. The case now sits in Judge Roger Benitez’ court, has been fully briefed and we are awaiting a decision very soon. GOC/GOA/GOC filed an amicus in this case.
