Everytown Files Amicus Brief in Support of New Jersey's Large Capacity Magazine Prohibition (Association of New Jersey Rifle & Pistol Clubs, Inc. v. Attorney General New Jersey)
Everytown for Gun Safety submitted this amicus brief in the United States Court of Appeals for the Third Circuit in defense of New Jersey’s large-capacity magazine prohibition. This brief discusses the long history of regulating especially dangerous weapons, including a century of restrictions on firearms capable of firing a large number of rounds without reloading; the circularity of the “common use” test; and the impact large-capacity magazines have on both mass shootings and day-to-day gun violence. In July, Everytown filed an amicus brief in this case in the United States District Court for the District of New Jersey. The district court discussed favorably the history presented by Everytown in finding for New Jersey and rejecting plaintiffs’ efforts to stop enforcement of this important gun-safety measure.
Everytown Files Amicus Brief in Support of Massachusetts's Prohibition of Assault Weapons and Large-Capacity Magazines (Worman v. Healey)
Everytown for Gun Safety filed this amicus brief in the United States Court of Appeals for the First Circuit in defense of Massachusetts’s law prohibiting assault weapons and large-capacity magazines. This brief details the long history of regulating especially dangerous weapons, including a century of restrictions on semiautomatic firearms capable of firing a large number of rounds without reloading. It also demonstrates the circularity and illogic of the “common use” test argued for by plaintiffs, based upon nationwide sales and manufacturing figures, which cannot be reconciled with either the Supreme Court’s decision in Heller or common sense, and is inconsistent with core principles of federalism. And this brief further explains how plaintiffs have not met their burden of showing that Massachusetts’s law substantially restricts their ability to defend themselves with firearms.
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.
Also featured in: Litigation & Enforcement
On October 11, 2018, the Montana District Court upheld a City of Missoula ordinance, which requires background checks on all gun sales within city limits, including from private unlicensed sellers -- closing a loophole in the law that allowed convicted felons and other categories of people prohibited from owning firearms to obtain guns without a background check. The City had filed suit earlier this year, asking the Montana court to overrule a legal opinion by Attorney General Timothy C. Fox that the ordinance is preempted by state law. Everytown for Gun Safety’s Litigation Team represents the City in the lawsuit along with the Missoula firm of Boone Karlberg P.C. and the Missoula City Attorney.