Everytown’s research has shown that expanding the areas where guns can be carried and the circumstances in which they can be used is only associated with greater harm. So-called Stand Your Ground laws, which encourage the use of deadly force outside the home, are associated with significantly higher justifiable homicide rates. After Georgia passed its Stand Your Ground law, the number of justifiable homicides in the states increased by 83 percent. In Florida, it tripled. This push towards allowing easy access to guns in a growing variety of public places has only resulted in a greater risk of gun violence, often justified by increasingly permissive laws.

Guns in Public Places

guns in public places
48 Items
Litigation Documents Everytown Law November 27, 2018

Everytown Files Amicus Brief in Support of California’s Public Carry Licensing System (Flanagan v. Becerra)

Everytown for Gun Safety filed this amicus brief in the United States Court of Appeals for the Ninth Circuit, urging the federal appeals court to uphold the district court’s decision rejecting a challenge to California’s system for regulating the carrying of firearms in public. Everytown’s brief refutes the primary historical arguments made by gun lobby lawyers, and explains that California’s requirement that an applicant have a “good cause” to obtain a permit to carry a concealed weapon, as well as its limitations on open carry, are consistent with centuries of Anglo-American tradition—and thus fully constitutional under the Second Amendment. Everytown previously filed an amicus brief in this case last year, in the United States District Court for the Central District of California. The district court upheld the law, finding that the California was reasonable in believing that the challenged restrictions on public carry would be effective in “promoting and achieving the governmental objective of public safety.”

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Everytown for Gun Safety and Brady Center to Prevent Gun Violence File Amicus Brief Arguing Legislative Amendments to Florida Stand Your Ground Law are Unconstitutional.

Everytown for Gun Safety and the Brady Center to Prevent Gun Violence filed an amicus brief in Love v. State, a case before the Florida Supreme Court. At issue in the case is who has the burden of proof under the state's controversial Stand Your Ground Law. Following an earlier decision of the Florida Supreme Court that held that the defendant had the burden of proving that he or she was entitled to Stand Your Ground immunity, the Florida Legislature enacted a law that placed the burden of proof on the state. Everytown and the Brady Center have argued that the Legislature violated the separation of powers when it attempted to abrogate the Florida Supreme Court's earlier decision. Everytown and the Brady Center were represented on a pro bono basis by Kramer Levin Naftalis & Frankel LLP and the Santini Law Firm. The brief is available here.

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Williams v. Beemiller

Everytown for Gun Safety filed this brief in the New York Court of Appeals in support of the Brady Center lawsuit against gun dealers who were distributing guns to unlawful purchasers, for the purposes of trafficking. The brief focuses on the dangers of straw purchasers and interstate trafficking from weak gun law states.

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Everytown Litigation Team Delivers Letter to Madison, Ohio School Board Raising Legal and Liability Concerns and Urging Suspension of Plan to Arm School Teachers, Staff and “Volunteers”

Litigators at Everytown for Gun Safety, on behalf of numerous concerned families, delivered a letter to the Board of Education of the Madison Local School District in Ohio raising concerns about the passage and implementation of a resolution to allow teachers, staff, and “others” to carry hidden, loaded weapons in district schools. The letter identifies numerous sources of legal risk and potential liability created by the resolution, including potential non-compliance with statutory and constitutional obligations to adequately train armed personnel, the need for clear policies governing access to and use of weapons on school grounds, the Board’s obligation to indemnify and defend armed personnel and the availability of insurance coverage, and disclosure obligations to enable parents to make an informed choice about whether local schools remain a safe place to educate their children. Read the full press release here.

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