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Second Amendment Foundation Files For Summary Judgment In Mass Resident Alien Gun Ban Case

Second Amendment Foundation

BELLEVUE, WA --(Ammoland.com)- The Second Amendment Foundation has filed a motion for summary judgment in its lawsuit challenging a statute in Massachusetts that denies legal resident aliens the licenses required to possess a handgun in the home for self-defense, or purchase any kind of firearm.

The case is known as Fletcher v. Haas. It was filed in April in U.S. District Court for the District of Massachusetts. Joining SAF in this lawsuit are Commonwealth Second Amendment, a Massachusetts grassroots organization, and two British citizens, Christopher M. Fletcher of Cambridge and Eoin M. Pryal of Northboro. They are represented by attorney Joseph M. Hickson III of Springfield.

The lawsuit alleges that they have been specifically denied the ability to obtain a Firearms Identification Card or a License to Carry of any kind. Before moving to Massachusetts, Fletcher lived in California, where he had a Basic Firearms Safety certificate and Handgun Safety certificate, which allowed him to purchase and own firearms including handguns. Pryal, who is married to a U.S. citizen, had a shotgun certificate and international dealer’s license while living in the United Kingdom.

“Lawful immigrants are entitled to the protection of our laws, including the protection of their right to self-defense,” noted Miko Tempski, SAF Legal Affairs director. “Hopefully, this motion brings us one step closer to ending Massachusetts’ hypocritical and discriminatory ban on handgun ownership for lawful immigrant residents.”

The SAF motion was in response to a defendant’s motion to dismiss the case.

“People in this country have rights,” said SAF Executive Vice President Alan Gottlieb. “Among those rights is the right of self-defense, especially in one’s own home. Legal resident aliens like Fletcher and Pryal are productive members of the community, yet they are being denied a basic right by the Commonwealth of Massachusetts. This prohibition simply cannot go unchallenged.”

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. In addition to the landmark McDonald v. Chicago Supreme Court Case, SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; New Orleans; Chicago and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and numerous amicus briefs holding the Second Amendment as an individual right.

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Second Amendment Foundation Files For Preliminary Injunction Against Illinois Carry Ban

Second Amendment Foundation

BELLEVUE, WA --(Ammoland.com)- Capitalizing on its federal appeals court victory Wednesday in Ezell v. City of Chicago, the Second Amendment Foundation today moved for a preliminary injunction against the State of Illinois to prevent further enforcement of that state’s prohibitions on firearms carry in public by law-abiding citizens.

The motion was filed in U.S. District Court for the Central District of Illinois in Springfield. Joining SAF in this motion are Illinois Carry and four private citizens, Michael Moore, Charles Hooks, Peggy Fechter and Jon Maier. The underlying case is known as Moore v. Madigan.

Illinois is the only state in the nation with such prohibitions. The state neither allows open carry or concealed carry, which runs afoul of recent U.S. Supreme Court Second Amendment rulings, including last year’s landmark ruling in McDonald v. City of Chicago, another SAF case. SAF was represented in McDonald and Ezell by attorney Alan Gura, who noted after yesterday’s appeals court win – forcing a temporary injunction against the city’s ban on gun ranges that the city immediately changed after the decision was announced – that “Even Chicago politicians must respect the people’s fundamental civil rights. Gun rights are coming to Chicago. The only question is how much the city’s intransigence will cost taxpayers along the way.”

“Now that the Seventh Circuit has recognized that the deprivation of the right of armed self-defense is an inherently irreparable injury, it is clear that Illinois’ law-abiding gun owners are entitled to a protective injunction,” said attorney David Jensen of New York, who, along with Glen Ellyn, IL attorney David Sigale, is representing SAF and the other plaintiffs.

“Yesterday’s win was a wake-up call to Chicago,” said SAF Executive Vice President Alan Gottlieb. “Today’s motion is a signal to the Illinois Legislature that the state’s total ban on carrying of firearms for personal protection is counter to both Supreme Court rulings on the Second Amendment, and yesterday’s ruling by the Seventh Circuit appeals panel that shredded Chicago’s gun ordinance. Our victory Wednesday and today’s motion are key components of SAF’s overall mission to win back firearms freedoms one lawsuit at a time.”

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. In addition to the landmark McDonald v. Chicago Supreme Court Case, SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; New Orleans; Chicago and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and numerous amicus briefs holding the Second Amendment as an individual right.

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