SAF Archives -

Virginia Militia Clause Lawsuit Updates

Curtis v. Katz had a hearing on the motion for a preliminary injunction yesterday in Spotsylvania County Circuit Court. From what I have read, the hearing continued for four hours and the judge will make a ruling sooner than later. Anecdotally, I heard from a friend that the judge thought the brief in this case was one of the more interesting ones he has read in all his years on the bench. I hope that is a positive sign.

The Second Amendment Foundation has announced that they will be supporting this case.

“While SAF is already a named plaintiff in our own federal Second Amendment challenge McDonald v. Katz, we felt it important to support this unique lawsuit,” said SAF Executive Director Adam Kraut. “When it comes to vindicating the rights of our members, we will pursue every viable legal option. We are thrilled to have been given the opportunity to support this state court challenge with Mr. Cuccinelli and think it complements our ongoing federal challenge very nicely.”

As noted in the compliant, “The General Assembly cannot…prohibit the body of the people from acquiring the very weapons with which they must be prepared to serve as that militia.” Joining SAF in Curtis v. Katz are Bob’s Gun Store, Mike Wood, Dustin Curtis and Daniel Hinkson. Cuccinelli is the attorney of record for the lawsuit.

“We’ve said it before and we’ll say it again – Virginia lawmakers outright lied to their constituency when they said these new laws aren’t bans,” said SAF founder and Executive Vice President Alan M. Gottlieb. “As we’ve seen in the news lately, numerous county prosecutors across Virginia have publicly stated they will not enforce this new ‘assault weapons’ ban. When the people who enforce the laws are refusing do so it should be a wakeup call for lawmakers that they passed an unconstitutional law.”

This is good news and I understand there is an outreach to other organizations and foundations for support. The uniqueness of this case – it is based upon the state interference on the ability to perform responsibilities and not rights per se – that makes it one that is breaking new ground.

Bearing Arm’s Cam & Co. discussed this lawsuit with William Kirk of Washington Gun Law yesterday. The discussion on it starts at about the 12:30 mark in the video below.

Kirk called the strategy brilliant as well as refreshing as it wasn’t a copy of so many other arguments he’s seen over time.

As a reminder – actually a plea – donations are needed to support this lawsuit. It undoubtedly will end up at the Virginia Supreme Court and that costs money. You can help support this lawsuit by making a tax-deductible donation to Rights Watch International. Use the link below:

https://www.rightswatch.org/donate

Nebraska Firearm Owners Assoc. And SAF Sue Omaha

The lawsuit against Omaha that I alluded to on Twitter from the GRPC has been filed. Pliego Gonzalez v. Omaha attacks the City of Omaha’s prohibition on the registration of a handgun by a legal resident alien.

I’ll have more on the case after I get a chance to read the complaint.

BELLEVUE, WA — The Second Amendment Foundation today filed suit in federal district court in Nebraska against the City of Omaha, challenging the city’s prohibition against anyone who is not a United States citizen from registering a handgun

SAF’s lawsuit, on behalf of Armando Pliego Gonzalez, a resident alien living in the city, is joined by the Nebraska Firearms Owners Association. They are represented by attorneys Bernie Glaser of Lincoln, and David Sigale of Glen Ellyn, IL. Defendants are the City of Omaha, Mayor Jim Suttle and Police Chief Alex Hayes.

Pliego, a member of both SAF and NFOA, has been admitted legally to this country as a resident alien for permanent residence. He was approved as a permanent resident in October 2008. His wife is also a lawful permanent resident, and the couple has four children.

“There are no federal laws requiring U.S. citizenship as a prerequisite for the issuance of a license to purchase, register, carry, transport or even legally conceal a firearm,” noted SAF Executive Vice President and founder Alan M. Gottlieb. “Yet the City of Omaha makes a distinction by prohibiting legal resident aliens from completing the legal requirements to purchase and own a handgun. This prohibition appears to be in conflict with the Second and Fourteenth Amendments, and with the Nebraska State Constitution.”

After his home was invaded and robbed in 2010, Pliego sought to arm himself to defend himself and his family. However, Omaha’s prohibition stands in the way. When he tried to register a handgun that he had legally purchased, the Omaha police denied the application.

“Mr. Pliego jumped through all the hoops, and yet was denied his right of personal protection because of a city municipal code,” Gottlieb stated. “The citizenship requirement in Omaha’s code is an unconstitutional denial of equal protection under the Fourteenth Amendment, and the Second Amendment right to keep and bear arms.

“We’re asking the court for a declaration that the citizenship requirements contained in the Omaha code is unconstitutional,” he concluded.

UPDATE: The JournalStar of Lincoln, NE has more on the lawsuit here.