Friend,
I have news for you regarding Friday's historic gun rights win in our Miller v. Bonta litigation that is so important I wanted you to hear it directly from me.
As you know, your FPC Team just beat the tyrants and secured a permanent injunction against California's ban on so-called “assault weapons.” In fact, renowned constitutional scholar and historian David Kopel told the L.A. Times that the decision in our Miller case is “by far the most fact-intensive, detailed judicial opinion on this issue ever.” (If you haven’t seen it yet, you can read the ruling here.)
Indeed, in his monumental, 94-page decision, Judge Benitez thoughtfully explained that the Second Amendment plainly protects all arms that are commonly used for lawful purposes, including the so-called “assault weapons” the State bans under severe criminal penalties, and that California’s laws fail under both the Supreme Court’s Heller test and *any* level of heightened scrutiny.
However, “[b]ecause this case involves serious questions going to the merits” of California’s byzantine gun control laws, Judge Benitez temporarily stayed his own ruling for 30 days, “during which time the Attorney General may appeal and seek a stay from the Court of Appeals.”
Our FPC Law team has informed me that California could pursue a stay as soon as TOMORROW. And we need to be ready to fiercely oppose the State’s attempts to block this correctly-decided pro-2A ruling from going into effect.
We carefully crafted the Miller case from the ground up and built the largest, most-comprehensive record in history because we know that not only is this case incredibly important to gun owners in California, it could easily be the one to go up to the Supreme Court and strike down these outrageously broad bans everywhere, from California to Hawaii, New York, Connecticut, Massachusetts, New Jersey, Maryland, Denver, Boston, Chicago, and Washington, D.C.
The scope of the decision the Court issued on Friday was no accident—we very intentionally structured the claims and arguments to maximize success and ensured the Court had everything it needed to eviscerate California’s broad and unconstitutional ban. And that’s exactly what happened.
But that is precisely why we need to go back to work NOW with an excellent appellate team—we MUST defend this incredibly important victory from attacks by Governor Gavin Newsom, Attorney General Rob Bonta, and billionaire-funded anti-rights extremists who hate individual liberty, personal property, and your fundamental, individual rights.
Not only will we need to fight the State’s efforts to block the injunction from taking effect, potentially as soon as this week, we will also need to litigate California’s appeal from the judgment declaring the ban unconstitutional and enjoining enforcement of the criminal laws that put innocent people in jeopardy and deprive you of your human right to keep and bear these constitutionally protected firearms.
Right now, the entire anti-rights world is, to put it bluntly, pissed off. They want revenge. And they want to take out their anger on your rights and FPC team.
California Governor Newsom is fuming mad, calling our win “a slap in the face”—and if anyone deserves a slap in the face, it’s him—and “a direct threat to public safety.” (Of course, he’s wrong, as the decision explains.)
Attorney General Bonta said that the “decision is fundamentally flawed”—said differently, he lost and hates that the Constitution prevailed—and that he “will fight this ruling” and “will be appealing it.”
The mainstream media is grossly mischaracterizing the decision and spreading misinformation.
And anti-2A organizations are all working overtime to saturate the American public with propaganda.
One thing is absolutely certain: We must stand together, stay strong, and counter all of their callous efforts to gut the Constitution and criminalize you and your rights.
And that’s why I'm humbly asking for your support today—so that we can do everything necessary to fight forward for you, your rights, liberty and property, and indeed, the future of the United States.
Frankly, top-quality legal counsel and experts are not cheap. And you absolutely want to have the very best team for this critical – potentially life-changing – appeal. So please help FPC continue to WIN the Miller case and other important lawsuits by making your most generous donation.
On behalf of all of us here at Team FPC, I thank you for your generosity and continuing support. We are honored to fight for you and your rights, and we promise to keep working hard every day to restore freedom and create a world of maximal human liberty. YOU are why we fight, and YOU make all of our work possible.
I'm proud to lead an organization that is so completely committed to first principles and serving you, the People, and I hope you'll help us continue doing just that by donating to support our Miller action this evening.
Sincerely,
Brandon Combs
President, Firearms Policy Coalition
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