The Outdoor Wire

Courts

Firearms Policy Coalition filed a reply brief with the Fifth Circuit in FPC v. ATF, opposing the Trump Administration's attempt to limit judicial relief from its landmark victory against the federal handgun purchase ban for 18-to-20-year-old adults. Despite the DOJ admitting the ban is unconstitutional, FPC argues the government cannot escape consequences without a permanent court order.

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Firearms Policy Coalition (FPC) and the National Rifle Association (NRA) filed a motion for preliminary injunction in federal court seeking to immediately block Pennsylvania's ban on issuing firearm carry licenses to adults under 21, citing binding Third Circuit precedent from Lara v. Paris that established 18-to-20-year-old adults are protected by the Second Amendment.

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The Second Amendment Foundation and partners including the National Shooting Sports Foundation and National Rifle Association filed a motion for preliminary injunction in NSSF v. Torrez, challenging New Mexico's House Bill 129 waiting period law. Despite a previous Tenth Circuit ruling that HB129 was unconstitutional, New Mexico continues enforcing it against residents not named in the Ortega case.

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The U.S. Court of Appeals for the Fifth Circuit ruled that Section 1242 of the Federal Switchblade Act violates the Second Amendment in Knife Rights, Inc. v. Blanche. The court recognized switchblade knives as constitutionally protected arms and rejected the government's restrictions on their manufacture, transportation, and distribution.

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The Firearms Policy Coalition (FPC) secured a historic victory in Heeter v. James when U.S. District Judge John L. Sinatra, Jr. struck down New York's 2022 body armor ban, holding that defensive body armor is constitutionally protected under the Second Amendment. The court granted FPC summary judgment and issued a permanent injunction against the state's restrictions on purchasing and selling protective armor.

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The Second Amendment Foundation and National Rifle Association filed an amicus brief in United States v. Cordova, urging the Fifth Circuit to adopt a dangerousness standard for lifetime federal firearms bans. The brief argues that historical tradition supports disarming only dangerous persons, not all felons, and that nonviolent felons who completed their sentences should retain Second Amendment rights.

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The National Rifle Association and Second Amendment Foundation filed an amicus brief in United States v. Cordova before the Fifth Circuit Court of Appeals, urging adoption of a dangerousness standard for disarmament challenges. The brief argues that America's historical tradition supports disarming only dangerous persons, not peaceable citizens or nonviolent felons.

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The NSSF filed a lawsuit against New Mexico Attorney General RaĂşl Torrez challenging the state's seven-day firearm waiting period, which federal courts have twice ruled unconstitutional. Despite rulings in Ortega v. Grisham, Governor Michelle Lujan Grisham and Attorney General Torrez continue enforcing the law against law-abiding citizens.

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The Second Amendment Foundation and partners including the National Shooting Sports Foundation and National Rifle Association filed a lawsuit challenging New Mexico's House Bill 129 waiting period for firearms purchases. The suit seeks to expand a previous Tenth Circuit ruling declaring the law unconstitutional to cover all SAF members, as New Mexico continues enforcing it despite the court decision.

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The U.S. Court of Appeals for the Third Circuit affirmed that the federal government cannot impose a lifetime gun ban on Edward Williams based on his decades-old nonviolent DUI conviction. Firearms Policy Coalition (FPC) supported the case, with the court ruling that America's historical tradition permits disarming dangerous people, not permanently disarming peaceable citizens for nonviolent offenses.

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The ATF released guidance for dealers and consumers in response to the Jensen v. ATF injunction, ceasing enforcement of NFA provisions for short-barreled rifles, short-barreled shotguns, silencers, and other weapons effective October 9. The Second Amendment Foundation, Citizens Committee for the Right to Keep and Bear Arms, FPC Action Foundation, and Texas Rifle Association continue pursuing additional legal challenges to permanently eliminate NFA registration requirements.

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Following a federal court victory in Silencer Shop/Jensen v. ATF, Firearms Policy Coalition sent letters to 15 state attorneys general requesting immediate non-enforcement of state laws tied to the now-enjoined NFA registration scheme. The ATF also announced it will no longer enforce many NFA restrictions on short-barreled rifles, suppressors, and other covered arms.

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