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Gorsuch a Gamechanger on Guns? Not So Fast.

March 20, 2017

In the seven years since the Senate last held confirmation hearings for a Supreme Court nominee, courts across the country have repeatedly backed sensible gun laws. In the process, they have again and again rejected the NRA leadership’s extremist agenda – one that leaves no room for reasonable restrictions like background checks and that is increasingly inconsistent with Justice Scalia’s landmark ruling in DC v. Heller.

The NRA’s leadership is spending heavily to pressure the Senate to confirm Judge Gorsuch, apparently believing that if confirmed he and his Supreme Court colleagues would roll back lifesaving gun laws. But the rulings listed below suggest that when it comes to the courts and sensible gun laws, these NRA leaders are having trouble reading the tea leaves.

February 21, 2017 – In Kolbe v. Hogan, the 4th Circuit upheld Maryland’s assault weapons and large capacity magazine ban relying on the language of Justice Antonin Scalia in Heller to find that assault weapons and high capacity magazines are not protected under the Second Amendment because they are akin to M-16’s, which are “weapons of war” that are “most useful in military service.” Everytown’s amicus brief on this case

February 17, 2017 – In Wollschlaeger v. Florida, the 11th Circuit ruled unconstitutional under the First Amendment a 2011 Florida law forbidding doctors from making it standard practice to ask their patients about guns, record their answers, or engage in discussions about gun safety that could be perceived as harassing towards gun owning patients. Moms Demand Action amicus brief on this case

December 14, 2016 – In Silvester v. Harris, a unanimous panel of the 9th Circuit upheld California’s ten day waiting period for firearm purchases as applied to those who already owned firearms and had passed a background check. Everytown’s amicus brief on this case

June 27, 2016 – In Voisine v. United States, the U.S. Supreme Court ruled that people convicted of certain misdemeanor crimes of domestic violence with recklessness as a mens rea will continue to be prohibited from purchasing and possessing firearms. Everytown’s amicus brief on this case

June 25, 2016 – In Leach v. Commonwealth of Pennsylvania, the Supreme Court of Pennsylvania struck down Act 192, a law allowing outside lobby groups such as the NRA to sue Pennsylvania municipalities over local gun laws and imposing onerous damages on local governments for having gun safety laws on the books. Everytown’s amicus brief on this case

June 9, 2016 – In Peruta v. San Diego, the 9th circuit upheld the “good cause” requirement for issuance of a concealed carry permit, finding that there is no Second Amendment right to carry a concealed weapon. Everytown’s amicus brief on this case

March 22, 2016 – In Colorado Outfitters v. Hickenlooper, the 10th Circuit dismissed a challenge to Colorado’s background check law on standing grounds. Plaintiffs promised to refile, but after eleven months have failed to do so. Everytown’s amicus brief on this case

April 25, 2016 – In v. U.S. Army Corps of Engineers, the Northern District of Georgia upheld restrictions on carrying firearms on Corps recreational property. Everytown’s amicus brief on this case

March 4, 2015 – In Fyock v. Sunnyvale, the 9th Circuit upheld the City of Sunnyvale’s high capacity magazine restrictions. Everytown’s amicus brief on this case

March 26, 2014 – In United States v. Castleman, the Supreme Court adopted an understanding of the MCDV restriction that applied the prohibitor to crimes with any use of force. Everytown’s Amicus Brief in this case

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