Washington, D.C., July 11, 2022 - Today, Brady filed an amicus brief in the United States District Court for the Northern District of California, San Jose Division, in National Association for Gun Rights, Inc. et al v. City of San Jose et al. The lawsuit alleges that San Jose’s Gun Harm Reduction Ordinance, which requires gun owners to obtain liability insurance and pay a fee, is unconstitutional under the Second Amendment.
The brief argues that San Jose’s ordinance has no effect on Second Amendment rights because it does not regulate, limit, or control how people may keep or bear arms. And even if the Court determined that the ordinance places some minimal burden on Second Amendment rights, the ordinance is supported by the ample history and tradition of firearm regulation in the United States.
Brady Counsel Shira Feldman shared:
“Every year, dozens of San Jose residents are killed or injured by gun violence. In addition to the human toll, gun violence costs San Jose and its residents millions of dollars. The Court should honor this community’s right to implement sensible solutions that protect public safety and economic stability. Insurance requirements are critical tools for governments to incentivize safe and responsible gun practices. In fact, the vast majority of San Jose gun owners are already in compliance with the insurance requirement. This ordinance simply offsets costs associated with firearm accidents and is completely consistent with our country’s history of firearm regulation.”
Gun owner liability insurance protects policyholders and victims alike for instances of shootings that lead to death, injury, or property damage. It also provides a source or compensation for victims of negligence and can reduce risk. Listen to our podcast episode of "Red, Blue, and Brady" to learn more.
Brady has one powerful mission — to unite all Americans against gun violence. We work across Congress, the courts, and our communities with over 90 grassroots chapters, bringing together young and old, red and blue, and every shade of color to find common ground in common sense. In the spirit of our namesakes Jim and Sarah Brady, we have fought for over 45 years to take action, not sides, and we will not stop until this epidemic ends. It’s in our hands.
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