Going on offense
We launched Evergreen Legal to help expand your toolbox
This summer, we launched Evergreen Legal — a social impact law firm that provides legal, policy, and communications support, all under one roof. Need help filing a regulatory comment or petitioning for a new rule? We’ve got you. Want backup on a big case — or want to bring a bold new lawsuit? Tap us in.
At a time when federal progress is under assault and the gun industry is on the attack, our goal is to support nonprofits on their legal efforts in the GVP space.
There’s already a lot happening. By our count, there are 23 active cases taking on the gun industry or challenging the Trump administration’s “Guns Everywhere” agenda. We’re keeping tabs [here].
But there’s more to do. Over the next few months, Evergreen Legal is taking over The Background Check to share ideas and legal insights. If something sparks a thought — reach out. We’d love to help you bring it to life.
EXPANDING THE TOOLBOX
A big part of our theory is more. More litigation against the industry. More creative claims against Trump. More use of non-litigation legal tools. We have some ideas on how to do that.
Challenge the Trump administration’s illegal impoundment of CVI funding. There’s little chance Trump’s DOJ will obligate funding for the Community-Based Violence Intervention and Prevention Initiative (CVIPI) by the September 30th deadline set by the BSCA. The program’s website was pulled down, and prior CVIPI grants were rescinded. By impounding CVI funds, DOJ is violating the Impoundment Control Act, the BSCA, and the Constitution. Someone should sue — our friends at Governing for Impact laid out how.
Sue DOJ over ATF staffing shifts. There’s mounting evidence that ATF agents are being used to support immigration enforcement. That’s not a surprise given DOJ planned to move up to 1,000 ATF agents onto the immigration beat, cutting ATF’s agents by more than a third. That’s illegal if: (1) ATF agents are supporting DHS, 31 U.S.C. § 1535, (2) ATF agents are supporting the FBI and ATF is not being reimbursed, 31 U.S.C. §1301(a), or (3) ATF agents are supporting the FBI for more than 120 days, even if ATF is being reimbursed, 5 U.S.C. § 3341.
Test the boundaries of PLCAA and “lawful use” to hold the industry accountable. It’s easy to forget that PLCAA only provides immunity from claims resulting from “the criminal or unlawful misuse of a qualified product by…a third party.” What about claims where there wasn’t an “unlawful misuse”? Can a gun manufacturer be sued for negligence by someone injured in a “lawful” shooting — like when a “Stand Your Ground” law applies? Can a city sue a gun dealer under a public nuisance theory for the costs they bear for “lawful” self-defense?
Petition DOJ to enact reforms Trump pretends to support – and sue if they don’t. Rulemaking petitions are an underused tool. They help drive earned media and could make it easier for a future Democratic president to quickly take regulatory action on guns. Here’s one idea: Someone could file a petition demanding DOJ act on reforms Trump purports to support, and sue under the Administrative Procedure Act if they refuse. The petition could ask DOJ to:
Issue guidance on state-level bump stock bans, including proposing a model law and clarifying the ATF will help states enforce their own bans.
Issue guidance clarifying DOJ won’t restore gun rights for, as Trump has described, “bad people” — presumably including domestic abusers.
Reduce crime in DC by issuing a zero-tolerance policy for gun dealers that flood the district with illegal guns.
PARTNER SPOTLIGHT
Featuring Jaclyn Corin, Executive Director of March for Our Lives
Telluride Film Festival and Netflix | All the Empty Rooms
Featuring Dr. Chethan Sathya, Director of Northwell Health’s Center for Gun Violence Prevention
The Washington Post | Jeanine Pirro’s Refusal to Prosecute Gun Crimes Endangers Us All
Featuring Kris Brown, President of Brady: United Against Gun Violence
By Corey Ciorciari, Molly Voigt, Jacquelyn Katson, Biz Rasich, Jack Craven, Lucas Burgard, and Eleanor Loden