7 Items
Challenging Dangerous Gun Laws December 12, 2019

Everytown for Gun Safety Urges ATF to Correct Regulatory Failure Allowing Untraceable "Ghost Guns" Into Communities Across the Country

Everytown for Gun Safety demanded the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) correct its own failure to regulate untraceable ghost guns. The demand comes in the form of a petition for rulemaking. The ATF does not currently classify unfinished frames and receivers — the core building blocks for ghost guns — as firearms, a position that allows a prohibited person or gun trafficker to buy all of the parts needed to easily build a ghost gun without a background check. Everytown’s petition urges the ATF to clarify that unfinished frames and receivers are firearms and, therefore, subject to background checks and other gun laws.

Everytown Law Represents Coalition of Domestic Violence Programs Suing to Block West Virginia Law That Forces Businesses to Allow Guns in Parking Lots

Everytown Law represents the West Virginia Coalition Against Domestic Violence in a constitutional challenge to West Virginia’s 2018 “guns in parking lots” law, W. Va. Code § 61-7-14(d), which forces businesses to allow guns in their parking areas and threatens them with lawsuits and civil penalties if they fail to comply. The law also forbids businesses from asking if an employee or visitor has a concealed weapon in their vehicle, from requiring employees to keep their guns off company property, or from “taking any action against” someone who has brought a gun into the parking area.

On Behalf of Concerned Parents, Everytown Law Challenges Ohio School District Policy Arming School Staff With Minimal Training in Violation of State Law

Everytown Law represents a group of concerned parents in a lawsuit against the Board of Education and superintendent of the Madison Local School District in Butler County, Ohio, challenging the district's decision to arm school employees with minimal training. The lawsuit alleges that the board’s resolution to authorize armed staff in district schools violates an Ohio law requiring that school employees who “go armed while on duty” be trained and certified as peace officers. The suit seeks an injunction to block the district from arming staff without the training required by law, as well as a court order requiring disclosure of policies and procedures for arming staff.

State of Washington, et al. v. United States Department of State, et al.

Everytown filed this brief in the US District Court for the Western District of Washington at Seattle, urging the court to continue blocking the Trump Administration’s Decision to permit the distribution of downloadable guns. Everytown has developed various legal theories to challenge the State Department’s decision to secretly remove automated files for 3-D printed guns from its jurisdiction and to prohibit Defense Distributed from posting such files online. These legal theories formed the basis for three ongoing lawsuits brought by attorney generals throughout the country, including a successful personal injury suit in the Washington state case.

Everytown Law Wins Major Gun Safety FOIA Ruling in Everytown v. ATF

In March 2018, Everytown for Gun Safety Support Fund sued the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) over ATF’s failure to produce certain firearms tracing data sought under the Freedom of Information Act (“FOIA”). The lawsuit, filed in the U.S. District Court for the Southern District of New York, focuses on aggregate statistical data concerning firearms traced by ATF after recovery from scenes of suicide or attempted suicide. Researchers at Everytown have sought this data to study America’s growing suicide-related public health crisis, to educate the public about the relationship between gun laws and suicide risk, and to improve policymaking. Everytown is represented by attorneys from its litigation arm, Everytown Law, and Newark-based Gibbons P.C.

Everytown's groundbreaking FOIA challenge to the Tiahrt Rider has moved to the U.S. Court of Appeals for the Second Circuit. On May 26, 2020, Everytown responded to ATF's brief appealing the district court's order requiring it to disclose firearms trace data regarding guns used in suicides.