Lawsuit to Protect Marginalized Peoples’ Right to Own Firearms

Amicus Curiae
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USA – -(AmmoLand.com)- The Historically Discriminated Coalition has filed an amicus brief in the U.S. District Court for the District of Oregon opposing the implementation of Measure 114. The coalition is comprised of four groups: National African American Gun Association, Inc. (NAAGA), Asian Pacific American Gun Owners Association (APAGOA), DC Project Foundation, Inc. (DCPF), and Operation Blazing Sword, Inc. (operating as Operation Blazing Sword – Pink Pistols) (OBSPP).

The brief was filed by attorneys and former state representatives Michael McLane and Matthew Wand on January 13, 2023.

The brief contends that Oregon Measure 114 delays and arbitrarily denies marginalized groups the Second Amendment right to own firearms as a means of self-defense.

It seeks the protection of the federal court because of the historical precedence of discrimination in Oregon against African Americans, Asian Pacific Americans, women, and LGBTQ people.

“Much like North Carolina’s Pistol Purchase Permit, a Jim Crow-era law which uses subjective criteria to deny black people the ability to own a handgun for protection, Measure 114 fails to clearly define what does and does not disqualify applicants,” said Erin Palette, founder of Operation Blazing Sword and National Coordinator of Pink Pistols. “Moreover, Measure 114 applies to all firearms, not just handguns, and so in this manner it drinks deeper from the tainted well of discrimination and gives local police the unprecedented ability to deny the right to keep and bear arms to anyone they choose for any reason.”

“Measure 114 does not make me or any other woman safer. It makes us less safe,” said Candy Yow, Oregon coordinator for DC Project Foundation. “When you make it more difficult for women to protect themselves, criminals are emboldened. Women have the constitutional right to protect themselves.”

“Measure 114 degrades the rights of gun owners and prevents people who are attempting to protect themselves from harm by placing financial obstacles to purchase a gun and exercise the most precious right they have, the Second Amendment,” said Philip Smith, President of NAAGA. “The requirement of having to buy a gun permit is in effect a tax on the Second Amendment. This is wrong and will be damaging to those folks, especially in poorer communities where budgets are already stretched. It now costs more to get the gun that you want and need because of Measure 114.”

“Measure 114 is detrimental for not only Asian Pacific Americans, but for all Americans who want to exercise their right to self-defense,” said Patrick Lopez, President of APAGOA. “The rise of racist attacks against Asian Pacific Americans over the past few years was eye-opening for the Asian Pacific American community. We will defend ourselves and we will not be easy targets or victims.”

Amicus Brief in Lawsuit to Protect Marginalized Peoples’ Right to Own Firearms


NAAGA was founded in 2015 to defend the Second Amendment rights of members of the African American community. With more than 50,000 members who reside in every state and the District of Columbia, NAAGA’s mission is to establish a fellowship by educating about the rich legacy of gun ownership by African Americans, offering training that supports safe gun use for self-defense and sportsmanship, and advocating for the inalienable right to self-defense for African Americans.

APAGOA was founded in 2021 to create a community of gun owners with an Asian Pacific American Heritage. APAGOA advocates for strong firearms safety, education, and community building initiatives by providing educational materials and other supportive resources to its members and other interested parties.

The DC Project Foundation was founded in 2016 by retired police officer and professional shooting competitor, Dianna Muller. The nationwide, non-partisan organization of women believe the gun rights are women’s rights, and that education, not legislation, is the key to firearms safety and violence prevention. There are over 3000 members.

Operation Blazing Sword, Inc. was established in 2016, the day after the Orlando Pulse Nightclub shootings, to advocate on behalf of lesbian, gay, bisexual, transgender, and queer (LGBTQ) firearm owners, with specific emphasis on self-defense. It has over 1,500 volunteer firearm instructors in nearly 1,000 locations across all 50 states. Pink Pistols, founded in 2000 and incorporated into Operation Blazing Sword in 2018, is a shooting society that honors gender and sexual diversity and advocates the responsible use of firearms for self-defense.

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Logician

Since when, can a 100% corrupted legal system, be counted on to render fair judgments in any case that is tried there? Just look at the reversal of Roe v. Wade last year for a prime example of what I am talking about here! The USSC/SCOTUS made a decision in 1973, which was allowed to stand for 49 years, even though it was a mistake! Both Kagan and Alito were said to have called it an EGREGIOUS error! If that decision was not an error in the first place, then there wouldn’t be ANY kind of a justification/grounds for reversing… Read more »

Courageous Lion - Hear Me Roar - Jus Meum Tuebor

“A regrettably large share of our legal experiences operate not in the shadow of the Constitution and its constraints, but rather in the shadow of explicitly unconstitutional rules, actions, and orders. In the time it takes for improper Executive Orders to be reined in, for illicit administrative decisions to be corrected, and for misinterpretations of constitutional power to be overturned, so much of society’s activity is framed by what we might call the not-Constitution — all those acts of government that are deemed illegal only after they have caused enduring harm. A most troubling aspect of government power is its… Read more »

BigAl

Nothing. But in this case, the enemy of my enemy is my friend.

Matt in Oklahoma

I know it’s a tactic to battle the legal stuff but I’m sure tired of hearing this marginalized bs

Wild Bill

I never thought that these kinds of groups would ever be good for anything worthwhile. Pursuant to the political correctness of our times, however, they can not be denied any demand that they make. Therefore their demands for Second Amendment Rights can not be contested, and that will benefit … us.

AZ Lefty

In this case nothing since the law is the same for all sexual persuasions and races; it is a attempt at self victimhood by these groups.

While the law is crap does not discriminate against a specific group or class