First Amendment Defends the Second

Opinion

NRA Victory in Los Angeles
NRA Victory in Los Angeles

Fairfax, VA – -(Ammoland.com)- On April 24, 2019, shortly after the City of Los Angeles adopted an ordinance that was clearly designed to weaken support for the Second Amendment, NRA filed a lawsuit, calling the city’s outrageous action a violation of the First Amendment. Last week, U.S. District Judge Stephen Wilson issued a preliminary injunction against Los Angeles, temporarily blocking it from enforcing the ordinance.

The ordinance required current and prospective contractors working with the city to disclose any relationships with the NRA: a shameless, McCarthy-like effort clearly designed to force those who would normally support NRA to drop any affiliation out of fear of losing business with Los Angeles.

Judge Wilson made clear in his ruling that the ordinance was an attempt to silence NRA, writing, “In this case, the text of the Ordinance, the Ordinance’s legislative history, and the concurrent public statements made by the Ordinance’s primary legislative sponsor evince a strong intent to suppress the speech of the NRA.”

Addressing NRA’s challenge, Wilson wrote, “The NRA believes the public is served by protecting First Amendment rights.” He also stated, “Plaintiffs have provided ample evidence of a likely First Amendment violation…”

The ordinance labors to make an unsupportable connection between its disclosure requirement and the goal of reducing violent crime involving firearms, especially mass shootings. Regarding this, Wilson wrote, “The City has provided nothing to demonstrate the causal connection between pro-firearm speech and mass shootings.”

“To justify the required disclosure,” Wilson noted, “the Ordinance states an interest in ‘promot[ing] gun safety and sensible gun ownership.’…but this Ordinance has no relationship to achieving that interest.”

Granting a preliminary injunction is considered “extraordinary relief,” and somewhat outside normal court proceedings. There are a number of criteria NRA had to meet in order to achieve this important victory. Perhaps foremost is the burden of proving the likelihood of ultimate success in getting the ordinance overturned.

Throughout his ruling, Judge Wilson made clear his views on the ordinance, as well as the likelihood of it surviving full judicial review. He stated, “The City’s intent, as established by the overwhelming evidence on this record, is to suppress the message of the NRA. Such motivation is impermissible under the First Amendment and provides no justification for the Ordinance.”

Wilson added, “The Ordinance is therefore incompatible with the Constitution, and Plaintiffs are likely to be successful on the merits of their First Amendment speech claims.

While this ruling is a tremendous victory for NRA and advocates of both the First and Second Amendments, it is by no means a final victory. Los Angeles could choose to appeal the decision, and the case itself is still pending. The injunction merely means Los Angeles cannot enforce the ordinance, for now. Of course, we will keep you apprised on any updates on this important case.


National Rifle Association Institute For Legislative Action (NRA-ILA)

About:
Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. Visit: www.nra.org

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Relic
Relic
1 year ago

Its ironic how many supposedly gun loving,liberty minded patriots support Trump the ex commie plinko in chief whom has decided by fiat to do more to ban guns than obama ever had the balls to. Anyone who supports a president that was a lifelong democrat that has broken every law possible as well as single-handedly screwed gun owners more in 3 yrs than obama ever could is as treasonous as any lib . The same president that was elected & is tolerated by neo cons merely because he is as racist as they come. It sickens me that the Republican… Read more »

toomanyhobbies
toomanyhobbies
1 year ago

Sounded like a Clinton class pay to play scam to me… No people the NRA is not evil, yes they are having issues as any old as they are business has. and YES the NRA has done a lot of good, such as forcing a time limit on the Clinton era “assault weapons ban” no one is 100% 100% of the time that is statically impossible and on occasion a compromise is better that a total loss… So stop whining like a liberal and choke up and support the SAF, the NRA the GOA and the JFPO when you play… Read more »

Bill
Bill
1 year ago

Despite all the pro-GOA and anti-NRA rhetoric here, it seems fair to say that the NRA has done a good thing, in this situation. Thank you, NRA. We all watch for you to do effective things, and not merely collect funds and make claims.

Mack
Mack
1 year ago

NRA drone says: “First Amendment Defends the Second”

No, the Second Amendment defends the First.

The NRA defends …….. itself.

The GOA defends US.

tetejaun
tetejaun
1 year ago

The Kenyan usurper, Gay Rat Obama, required government contractors to disclose their political contributions before bidding on government.contracts.

Without a doubt, democrats are the enemy.

Will Flatt
1 year ago

The NRA is irrelevant. They have decided to ride the nuke down to ground zero, like Major Kong in ‘Dr. Strangelove’. Except the nuke here is radioactive Wayne.

tetejaun
tetejaun
1 year ago
Reply to  Will Flatt

True in that Wayne is POS.
But, the NRA is still the Big Dog in the fight.

Will Flatt
1 year ago
Reply to  tetejaun

@tete Look, the NRA actively supported every major gun control act in the last 100 years. This is documented. NRA is not a big dog as much as a paper tiger, and even if they were, it’s a dog that has ALWAYS turned on its’ owners. Phuck the NRA and phuck the fudds that keep defending the indefensible!!

As for me and my wallet, GOA & FPC have earned my support. May the NRA wither up & blow away… QUICKLY.

Will Flatt
1 year ago
Reply to  Will Flatt

– Well, Harold can go pound sand. He’s a freaking appeaser and possibly a RINO, if he’s not a Dimorat. Nobody who’s a regular here takes him seriously and won’t touch his koolaid even with a 10′ pole. We need to start a campaign to get him booted from Ammoland and replaced with a better writer like Kurt Schlicter. Or at the least, just booted. Ammoland is doing a disservice to all of its readers with their leaning toward the NRA, but at least they’re not trying to pump it down our gullets like Harold tries.

Will Flatt
1 year ago
Reply to  Will Flatt

Amen!! That’s why I became a GOA lifer 15 years ago.

Will Flatt
1 year ago
Reply to  Will Flatt

What matters is you’re on the winning team and a lifer! Congrats!

Will Flatt
1 year ago
Reply to  Will Flatt

I feel ya, bro. I was an NRA lifer too but thanks to the internet I found out the truth of how the NRA has been betraying us since 1934. Fellow by the name of Angel Shamaya and his website keepandbeararms.com helped open my eyes.

Laddyboy
Laddyboy
1 year ago
Reply to  Will Flatt

To the GOA People, I am in the process of becoming a LIFE MEMBER. I appreciate what AND how the GOA is REALLY fighting FOR – WE the People who trust in the SUPREME LAW OF THE LAND – the American Constitution.

Finnky
Finnky
1 year ago

Didn’t we just go through this with San Fran? Can NRA sue for legal costs incurred plus punitive damages? As with 1st-A relief, on the surface it appears clear that they should. Just guessing they won’t, cannot, or would lose because civil trials are decided by jury, which would be required to be selected from brain-washed Californians.