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.”
Also featured in: Guns in Public Places
Parents of Pakistani Exchange Student Killed in Mass Shooting at Santa Fe High School Sue Shooter's Parents
The parents of Sabika Aziz Sheikh, a high school student killed in the May mass shooting at Santa Fe High School in Texas, today filed legal claims against the shooter’s parents, alleging that the shooter’s parents knew their son was experiencing extreme emotional distress but failed to take basic steps to responsibly store and prevent him from accessing their firearms. Sheikh’s parents are represented by Everytown for Gun Safety’s litigation team and by attorney Clint E. McGuire of the Texas firm Martinez and McGuire PLLC. They are filing these claims just days before Sabika would have turned 18, on December 1, 2018.
Court rules in favor of Everytown client City of Seattle, dismissing NRA & Second Amendment Foundation challenge to responsible storage law
In October 2018, the Honorable Barbara Linde, Superior Court Judge in King County, Washington, dismissed a challenge to Seattle's recently enacted ordinance requiring responsible storage of firearms. The lawsuit was brought by the NRA and the Second Amendment Foundation, along with two Seattle residents. Everytown and co-counsel Orrick Herrington & Sutcliffe LLP moved to dismiss the lawsuit, arguing that the gun owner plaintiffs lacked standing to bring the challenge because they did not allege that they intended to engage in the kind of irresponsible storage prohibited by the ordinance, and that the organizational plaintiffs lacked standing to challenge the ordinance because the ordinance requires what the organizations purport to urge their members to do: responsibly store all firearms. Judge Linde dismissed all claims with prejudice. Plaintiffs moved for reconsideration of this decision in November 2018 and attached a proposed amended complaint that included allegations that at least one plaintiff intended to store his firearms in an unlocked manner when he and his spouse left their home, and at night near their minor child. The court denied the Plaintiffs' motion for reconsideration of the dismissal.
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.