Ninth Circuit Issues Injunction in FPC Lawsuit Challenging California’s Fee-Shifting Law Targeting Pro-Gun Lawsuits

Gun News

SAN FRANCISCO (April 10, 2024) – Today, Firearms Policy Coalition (FPC) announced that the Ninth Circuit Court of Appeals has issued an injunction pending appeal in its FPC v. San Diego lawsuit, which challenges a California law that targets only pro-Second Amendment advocates with potentially ruinous consequences for litigating gun rights cases. The injunction, which prevents the defendants from enforcing the scheme during the pendency of the appeal, can be viewed at FPCLegal.org.

FPC was previously granted an injunction in a case captioned Miller II that prevented the enforcement of the law by officers of the State of California, including Governor Gavin Newsom and Attorney General Rob Bonta. The FPC v. San Diego case seeks the same relief as to multiple local municipalities that FPC was already litigating against or would litigate against but for the law. 

“This unconstitutional and immoral law was explicitly designed to prevent liberty advocates from challenging other unconstitutional regulations,” explained FPC founder and President, Brandon Combs. “We are gratified by the Court’s issuance of an injunction pending appeal and look forward to eliminating this tyrannical scheme altogether.”

“Even in the face of certain defeat, these municipal defendants have refused to agree to non-enforcement of this unconstitutional law,” said FPC Action Foundation’s President Cody J. Wisniewski, counsel for FPC. “The Ninth Circuit has now made clear that the defendants cannot enforce this against FPC and the other named plaintiffs while this case is addressed on appeal. This was the right result and we look forward to litigating this case to a final conclusion and permanent injunction.”

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FPC is joined in this case by California Gun Rights Foundation and San Diego County Gun Owners PAC. The plaintiffs are represented by attorneys Bradley Benbrook and Stephen Duvernay of Benbrook Law Group as well as David Thompson, Peter Patterson, and Joseph Masterman of Cooper & Kirk.

Individuals who would like to join the FPC Grassroots Army and support important pro-rights lawsuits and programs like these can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, X (Twitter), Facebook, and YouTube.

Firearms Policy Coalition (firearmspolicy.org), a 501(c)(4) nonprofit membership organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs.

FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.

FPC Action Foundation (FPCActionFoundation.org), a 501(c)(3) nonprofit organization, exists to create a world of maximal human liberty through charitable legal action, public policy, education, and research programs.

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