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Litigation Documents Everytown Law November 13, 2018

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.

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Litigation Documents Everytown Law October 11, 2018

Court Rules in Favor of Everytown Client Missoula in Background Check Litigation

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.
Litigation Documents Everytown Law September 12, 2018

Amicus Brief: Hatfield v. Sessions

Everytown for Gun Safety filed this amicus brief in the United States Court of Appeals for the Seventh Circuit arguing to uphold the federal prohibition on firearms possession by convicted felons. Our brief argues that the prohibition on felons possessing firearms is consistent with both Supreme Court precedent and historical practice. Our brief also argues that, even if as-applied challenges to the prohibitors are allowed, the burden of proof should be on the plaintiffs to show their crimes do not fall within a category of serious crimes.