Amicus Curiae Briefs

LCAV has filed many amicus curiae ("friend of the court") briefs in firearm-related cases.

Where available, a document may be downloaded by clicking on the underlined title. To access documents that are not available online, please contact LCAV via e-mail at requestassistance@lcav.org or call 415-433-2062. For more information on firearms laws and policies, click here.

Brief Amicus Curiae of Brady Center to Prevent Gun Violence, International Association of Chiefs of Police, Major Cities Chiefs, National Sheriffs’ Association, National Organization of Black Law Enforcement Executives, Hispanic American Police Command Officers Association, Police Executive Research Forum, National Black Police Association, National Latino Peace Officers Association, Legal Community Against Violence, and School Safety Advocacy Council Supporting Petitioners, U.S. v. Hayes, No. 07-608 (U.S. Supreme Court, submitted June 16, 2008). Defendant challenged his conviction for possessing firearms after having been convicted of the predicate offense of a misdemeanor crime of domestic violence in violation of 18 U.S.C. §§ 922(g)(9) and 924(a)(2). Defendant claimed that his predicate offense was not a misdemeanor crime of domestic violence as that term is defined in 18 U.S.C. § 921(a)(33)(A). In United States v. Hayes, 482 F.3d 749 (4th Cir. 2007), the U.S Court of Appeals for the Fourth Circuit reviewed whether the definition in 18 U.S.C. § 921(a)(33)(A) required that the predicate offense underlying an 18 U.S.C. § 922(g)(9) conviction have as an element a domestic relationship between the offender and the victim. Since the state offense on which defendant was convicted was simple battery under West Virginia statute and that statute had no domestic relationship element, the court found that such an element was essential to the existence of a misdemeanor crime of domestic violence to bar defendant’s gun possession. Thus, the court ruled that defendant's motion to dismiss the indictment under which he was prosecuted should have been granted, and rejected the prosecution’s contention that the legislative history evinced a clear congressional intent which excused the appellate court from applying the plain language of the federal definition. The government appealed to the U.S. Supreme Court. LCAV joined the Brady Center and other major law enforcement organizations in filing this amicus brief in the Supreme Court to have the Fourth Circuit decision overturned. If allowed to stand, this decision could allow thousands of dangerous, convicted domestic violence offenders to lawfully purchase and possess firearms again.

Amicus Letter of Legal Community Against Violence in Support of the City and County of San Francisco’s Petition for Review, Fiscal v. City and County of San Francisco, No. S160968 (Cal. Filed Mar. 20, 2008). The National Rifle Association and others filed a petition for writ of mandate and/or prohibition in the California Court of Appeal to challenge a San Francisco City and County ordinance prohibiting the sale, distribution, transfer and manufacture of all firearms and ammunition in San Francisco and banning possession of handguns by San Francisco residents. On January 9, 2008, a California Court of Appeal struck down the ordinance, finding it preempted by state law. San Francisco has appealed this decision to the California Supreme Court. This amicus letter was filed in the California Supreme Court in support of San Francisco.

Brief of Amicus Curiae Legal Community Against Violence in Support of Defendants-Appellees Urging Affirmance of the Judgment, Nordyke v. King, No. 07-15763 (9th Cir. filed Jan. 15, 2008). (Amended Disclosure Statement) This action was brought by gun show promoters to challenge an Alameda County ordinance prohibiting the possession of firearms and ammunition on county-owned property. Plaintiffs have appealed to the U.S. Court of Appeals for the Ninth Circuit an order of the district court granting the County's motion for summary judgment on plaintiffs' as-applied challenge under the First Amendment to the U.S. Constitution. LCAV filed this amicus brief in support of Alameda County.

Brief of Amici Curiae Major American Cities, the United States Conference of Mayors, and Legal Community Against Violence in Support of Petitioners, District of Columbia v. Heller, No. 07-290 (U.S. Supreme Court, submitted Jan. 11, 2008). District of Columbia residents brought a challenge under the Second Amendment to the U.S. Constitution to District laws that: 1) prohibit the possession of most handguns in the District; and 2) require that all lawfully owned firearms be kept unloaded and disassembled or bound by a trigger lock or similar device. The District of Columbia District Court dismissed these challenges on the grounds that the Second Amendment protects an individual’s right to bear arms for service in the Militia, and that the term “Militia” in the Amendment refers to an organized military body, such as a National Guard unit. On appeal, the U.S. Court of Appeals for the District of Columbia Circuit reversed, striking down the District’s laws as violative of the Second Amendment and interpreting the Amendment to protect an individual right to keep and bear firearms unrelated to service in the militia. Parker v. District of Columbia, 478 F.3d 370 (D.C. Cir. 2007). The U.S. Supreme Court agreed to hear the case during its current term. Baltimore, Cleveland, Los Angeles, Milwaukee, New York City, Oakland, Philadelphia, Sacramento, San Francisco, Seattle, and Trenton joined LCAV and the U.S. Conference of Mayors in this friend of the court brief filed in the U.S. Supreme Court in support of the District of Columbia. LCAV has distributed a press release on the U.S. Supreme Court’s decision to review the case.

Brief of Legal Community Against Violence As Amicus Curiae in Support of Plaintiffs-Appellants/Appellees Urging Reversal of the Judgment, Ileto v. Glock, Inc. (Nos. 06-56872, 07-15403, & 07-15404) (9th Cir. Submitted Oct. 3, 2007). Family members of victims of the 1999 North Valley Jewish Community Center shooting, in Granada Hills, California, filed suit against the firearms manufacturers, dealers, and distributors of the firearms used in the shootings, claiming negligence and creation of a public nuisance by the gun industry. The defendants successfully moved to dismiss the action in the District Court on the basis of the 2005 federal immunity law. Plaintiffs have appealed that ruling. This amicus brief was filed in support of the plaintiffs' appeal, arguing that the case falls within the immunity law's exception for actions alleging knowing violations of a statute "applicable to the sale or marketing" of firearms, and that the law is unconstitutional because it violates the separation of powers doctrine and constitutes a "taking" of a protected property interest in violation of the Fifth Amendment.

Brief of Amicus Curiae Legal Community Against Violence, Ass'n of N.J. Rifle & Pistol Clubs v. City of Jersey City, Nos. A-004443-06T2 (N.J. Super. Ct. App. Div. Submitted Aug. 24, 2007). Various gun dealers and rifle and pistol clubs filed suit against the City of Jersey City to invalidate an ordinance that limited handgun purchases to one per month. A New Jersey Superior Court had struck down the ordinance on the grounds that state law preempted the field of firearm regulation, and the ordinance conflicted with state law. Defendants appealed to the Appellate Division of the New Jersey Superior Court. This amicus brief was filed in support of Jersey City’s authority to regulate the sale of firearms.

Brief of Amicus Curiae Legal Community Against Violence in Support of Appellants, Fiscal v. City and County of San Francisco, No. A115018 (Cal. Ct. App. 2007). The National Rifle Association and others filed a petition for writ of mandate and/or prohibition in the San Francisco County Superior Court after the California Court of Appeal denied a similar petition (see below). Both petitions challenge a San Francisco City and County ordinance prohibiting the sale, distribution, transfer and manufacture of all firearms and ammunition in San Francisco and banning possession of handguns by San Francisco residents. The Superior Court invalidated the ordinance on preemption grounds. On May 29, 2007, LCAV applied for permission to file an amicus brief in support of the City and County of San Francisco. The Court of Appeal denied LCAV’s application for permission to file the amicus brief.

Amici Curiae Brief of Legal Community Against Violence, Educational Fund to Stop Gun Violence, and the Violence Policy Center Supporting Cross-Appellant City of New York and Urging Reversal on the District Court's Constitutional Ruling, City of New York v. Beretta U.S.A. Corp., No. 05-6942-cv (2d Cir. submitted July 17, 2006). This action was brought by the City of New York against members of the gun industry for sales and distribution practices that feed the illegal gun market. After Congress enacted the federal gun industry immunity law, defendants moved to dismiss the case. In City of New York v. Beretta U.S.A. Corp., 401 F. Supp. 2d 244 (E.D.N.Y. 2005), the district court denied defendants’ motion to dismiss, holding that the suit was permitted because the city alleged knowing violations of law within one of the law’s exceptions. The court also upheld the law’s constitutionality. Defendants appealed to the Second Circuit and the City of New York cross-appealed on the constitutional issues. This amicus brief was filed in support of the city’s constitutional challenge.

Amicus Brief of Legal Community Against Violence in Support of Respondents' Opposition to Writ of Mandate, Fiscal v. City and County of San Francisco, No. CPF-05-505960 (Super. Ct. submitted January 25, 2006). The National Rifle Association and others filed a petition for writ of mandate and/or prohibition in the San Francisco County Superior Court after the California Court of Appeal denied a similar petition (see below). Both petitions challenge a San Francisco City and County ordinance prohibiting the sale, distribution, transfer and manufacture of all firearms and ammunition in San Francisco and banning possession of handguns by San Francisco residents.

Amicus Brief of Legal Community Against Violence in Support of Respondents, Fiscal v. City and County of San Francisco, No. A111928 (Cal. Ct. App. submitted December 7, 2005). The National Rifle Association and others filed a petition for writ of mandate and/or prohibition in the California Court of Appeal to challenge a San Francisco City and County ordinance prohibiting the sale, distribution, transfer and manufacture of all firearms and ammunition in San Francisco and banning possession of handguns by San Francisco residents. This amicus brief was submitted to the California Court of Appeal, which declined petitioners’ request to exercise original jurisdiction and denied the petition. Accordingly, the petition to file this amicus brief was denied as moot.

Brief Amicus Curiae of American Jewish Congress, City of Chicago v. Beretta U.S.A. Corp., 821 N.E.2d 1099 (Ill. 2004) (Nos. 95253, 95243, 95256, 95280)
This action (a parallel lawsuit to Young v. Bryco Arms, discussed below) was brought against numerous gun manufacturers, distributors and dealers, alleging that they created a public nuisance through their sales and marketing practices. This brief was submitted to the Illinois Supreme Court which denied leave to file this brief and other amicus briefs submitted in this case. The court ultimately dismissed the case for failure to state a claim.

Merit Brief of Amici Curiae in Support of Appellants, Klein v. Leis, 795 N.E. 2d 633 (Ohio 2003) (No. 02-585)
This action challenged an Ohio statute prohibiting the carrying of concealed firearms. This brief was submitted to the Ohio Supreme Court in support of the constitutionality of the statute. The court ultimately upheld the statute.

Brief of Amici Curiae in Support of Appellants’ Memorandum in Support of Jurisdiction, Klein v. Leis, 795 N.E. 2d 633 (Ohio 2003) (No. 02-585)
This action challenged an Ohio statute prohibiting the carrying of concealed firearms. This brief was submitted to the Ohio Supreme Court in support of the constitutionality of the statute and to persuade the court to grant the appeal. The court ultimately upheld the statute.

Brief of Amici Curiae the City and County of San Francisco, et al., in Support of Respondents Mary V. King, et al., Nordyke v. King, 44 P.3d 133 (Cal. 2002) (No. S091549)
This action was brought by gun show promoters to challenge an Alameda County ordinance prohibiting the possession of firearms and ammunition on county-owned property. This amicus brief was filed in the California Supreme Court after the court granted the request of the U.S. Court of Appeals for the Ninth Circuit to determine whether the ordinance was preempted by state law. The California Supreme Court found that the ordinance was not preempted.

Brief of Amici Curiae the City and County of San Francisco, et al., in Support of Petitioner the County of Los Angeles, Great Western Gun Shows, Inc. v. County of Los Angeles, 44 P.3d 120 (Cal. 2002) (No. S091547)
This action was brought by a gun show promoter to challenge a Los Angeles County ordinance prohibiting the sale of firearms and ammunition on county-owned property. This brief was filed with the California Supreme Court after the court granted the request of the U.S. Court of Appeals for the Ninth Circuit to decide whether the ordinance was preempted by state law. The California Supreme Court found that the ordinance was not preempted. The federal claims were ultimately settled with the county’s sales ban ordinance remaining intact.

Brief Amicus Curiae of American Jewish Congress, Young v. Bryco Arms, 821 N.E.2d 1078 (Ill. 2004) (Nos. 93678, 93685, 93728)
This action (a parallel lawsuit to City of Chicago v. Beretta U.S.A. Corp.) was brought against numerous gun manufacturers, distributors and dealers, alleging that they created a public nuisance through their sales and marketing practices. This brief was submitted to the Illinois Supreme Court which denied leave to file this brief and other amicus briefs submitted in this case. The court ultimately dismissed the case for failure to state a claim.

Brief Amicus Curiae of American Jewish Congress, City of Chicago v. Beretta U.S.A. Corp., 785 N.E.2d 16 (Ill. App. Ct. 2002) (No. 1-00-3541) rev'd, 821 N.E.2d 1099 (Ill. 2004)
This action (a parallel lawsuit to Young v. Bryco Arms) was brought against numerous gun manufacturers, distributors and dealers, alleging that they created a public nuisance through their sales and marketing practices. This brief was filed in the Illinois Appellate Court. Subsequently, the Illinois Supreme Court dismissed the case for failure to state a claim.

Amicus Brief on Behalf of City and County of San Francisco, in Support of Defendants and Appellees and in Support of Affirmance of District Court’s Order Denying Temporary Restraining Order and Preliminary Injunction, Nordyke v. King, 229 F.3d 1266 (9th Cir. 2000) (No. 99-17551)
This action was brought by gun show promoters to challenge an Alameda County ordinance prohibiting the possession of firearms and ammunition on county-owned property. This brief was filed with the United States Court of Appeals for the Ninth Circuit. After certifying the question of preemption to the California Supreme Court, the U.S. Court of Appeals rejected plaintiffs’ First Amendment claims and, following the California Supreme Court’s finding that the ordinance was not preempted by state law, rejected plaintiffs’ preemption claim.

Opposition of Amici City and County of San Francisco, et al. to Motion to Strike, Nordyke v. King, 229 F.3d 1266 (9th Cir 2000) (No. 99-17551)
This action was brought by gun show promoters to challenge an Alameda County ordinance prohibiting the possession of firearms and ammunition on county-owned property. This brief was filed with the United States Court of Appeals for the Ninth Circuit. After certifying the question of preemption to the California Supreme Court, the U.S. Court of Appeals rejected plaintiffs’ First Amendment claims and, following the California Supreme Court’s finding that the ordinance was not preempted by state law, rejected plaintiffs’ preemption claim.

Amicus Brief on Behalf of City and County of San Francisco, in Support of Defendant and Appellant County of Los Angeles and in Support of Reversal of District Court’s Order Granting Preliminary Injunction, Great Western Shows, Inc. v. County of Los Angeles, 42 Fed. Appx. 929; 2002 U.S. App. LEXIS 16278 (9th Cir. Aug. 1, 2002) (No. 99-56605) (Unpublished opinion)
This action was brought by a gun show promoter to challenge a Los Angeles County ordinance prohibiting the sale of firearms and ammunition on county-owned property. This brief was filed with the United States Court of Appeals for the Ninth Circuit. The court certified the question of preemption to the California Supreme Court, which found that the ordinance was not preempted. The federal claims were ultimately settled with the county’s sales ban ordinance remaining intact.

Brief Amicus Curiae of Center to Prevent Handgun Violence, in Support of Respondent City of West Hollywood, Cal. Rifle & Pistol Ass’n v. City of W. Hollywood, 78 Cal. Rptr. 2d 591 (1998) (No. B108910)
This action challenged on preemption grounds a West Hollywood ordinance prohibiting the sale of "junk guns" (also known as "Saturday Night Specials"). The brief was filed in support of West Hollywood with the California Court of Appeal, which ultimately upheld the ordinance.

Brief of Amici Curiae City and County of San Francisco, in Support of Respondent City of West Hollywood, Cal. Rifle & Pistol Ass’n v. City of W. Hollywood, 78 Cal. Rptr. 2d 591 (1998) (No. B108910)
This action challenged on preemption grounds a West Hollywood ordinance prohibiting the sale of "junk guns" (also known as "Saturday Night Specials"). LCAV was responsible for securing the participation of the signatories – all local communities. The brief was filed with the California Court of Appeal, which ultimately upheld the ordinance.