Tuesday, December 26, 2023

Motions Filed in Lawsuit Challenging Handgun Ban For Young Adults

Hand Stamping Denied Adobe stock 150868610
Adobe stock 150868610

The Second Amendment Foundation and its partners in a federal lawsuit challenging the ban on handgun sales to young adults in the 18-20-year age group have filed a motion to supplement the record, adding a client. The case is known as Reese v. ATF.

SAF is joined in this case by the Firearms Policy Coalition, Louisiana Shooting Association and two private citizens, Emily Naquin and Caleb Reese, for whom the case is named. They are represented by attorneys George J. Armbruster in Lafayette, LA, David H. Thompson, Peter A. Patterson, John D. Ohlendorf and William V. Bergstrom in Washington, D.C., and Joseph Greenlee in Las Vegas, Nev. The motion was filed in the U.S. Fifth Circuit Court of Appeals, as the case is now on appeal from the U.S. District Court in the Western District of Texas.

The purpose of the motion is to add Christian Michael Broussard, 18, of Vermilion Parish as a plaintiff in the affected age group.

Original client Emily Naquin has turned 21 and is no longer in the affected group, raising the possible argument that the case will be moot because the Organizational Plaintiffs’ standing depends upon at least one of their members having standing.

“This case was filed in November of 2020, which means our original plaintiffs have or will reach the age of 21 in the near future,” SAF Executive Director Adam Kraut explained. “To that end, we are adding Mr. Broussard as a plaintiff to avoid any suggestions that the matter is moot. Doing so will enable our challenge to continue despite our original plaintiffs aging out, allowing the court to reach a decision on the underlying merits.”

“It is entirely appropriate for the court to accept the submission of Broussard’s declaration of standing in this case,” noted SAF founder and Executive Vice President Alan M. Gottlieb. “This merely establishes the fact that there continues to be a live case and controversy for the court to resolve.”


Second Amendment Foundation

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 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

Second Amendment Foundation



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