California’s longstanding law limiting firearm purchases to one per month has been overturned by the 9th Circuit Court of Appeals, marking a significant victory for Second Amendment advocates.
At a Glance
- 9th Circuit Court panel blocks enforcement of California’s 30-day firearm purchase limit
- Ruling allows Californians to apply for multiple firearm purchases within a 30-day period
- Decision based on lack of historical precedent for such restrictions
- Gun rights groups celebrate, while state officials consider next steps
Court Overturns California’s Gun Purchase Limit
In a decisive blow to California’s gun control efforts, a panel from the 9th Circuit Court of Appeals has blocked the enforcement of a law that restricted residents to purchasing only one firearm every 30 days. This ruling effectively dismantles a key component of the state’s strategy to regulate gun sales and prevent weapon stockpiling.
The lawsuit, initially filed in 2020 as Michelle Nguyen et al. v. California Attorney General Xavier Becerra et al., was brought forth by plaintiffs including the Firearms Policy Coalition (FPC). The case was later renamed after Rob Bonta succeeded Becerra as California’s Attorney General.
Historical Context and Legal Basis
California’s purchase limit on handguns was first imposed in 1999, ostensibly to prevent “straw purchases.” The state gradually expanded these restrictions, extending the limit to semiautomatic rifles in 2019 and to all firearms in 2023. Gun rights organizations have consistently challenged these laws, citing infringements on Second Amendment rights.
“When the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct,” and the government “must then justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation.”
U.S. District Judge William Hayes, in his ruling favoring the plaintiffs, relied heavily on the U.S. Supreme Court case NYSRPA v. Bruen. This landmark decision established that if the Second Amendment’s plain text covers an individual’s conduct, the Constitution protects that conduct unless the government can justify its regulation based on historical tradition.
State’s Defense and Court’s Rebuttal
In its defense, California cited historical gun restrictions, taxes, and licensing laws targeting Native Americans as precedent. However, Judge Hayes found these historical analogues to be “dubious” at best. He noted that the presented historical laws did not include any “limit on the quantity or frequency with which one could acquire firearms.”
“A 9th Circuit Court of Appeals panel has blocked enforcement of a longstanding California law limiting residents to one firearm purchase every 30 days.”
The state’s argument that the laws do not infringe on rights as they allow up to 12 purchases a year failed to sway the court. The judges found no historical precedent for such restrictions on the frequency of firearm acquisitions.
Implications and Reactions
This ruling has significant implications for gun owners and Second Amendment advocates in California. Brandon Combs, President of the Firearms Policy Coalition, celebrated the decision, stating, “This order allows our hard-won injunction to take effect and, unless the Ninth Circuit issues a new stay, Californians may now apply to purchase multiple firearms within a 30-day period. FPC intends to make Governor Gavin Newsom and Attorney General Rob Bonta respect Second Amendment rights whether they like it or not.”
U.S. 9th Circuit Court upholds California’s gun sale restrictionshttps://t.co/BlCCYplW7j
— KTLA (@KTLA) June 11, 2024
The decision has been met with enthusiasm from gun rights groups, who view it as a victory for constitutional rights. However, state officials are likely to consider further legal action to defend their gun control measures. As it stands, unless a new stay is issued, Californians can now apply to purchase multiple firearms within a 30-day period, marking a significant shift in the state’s gun control landscape.
Sources:
1. 9th Circuit blocks California’s law limiting gun purchases to one per month
2. Ninth Circuit puts hold on California’s ‘one gun per month’ law
3. CALIFORNIA “1-IN-30” FIREARM BAN BLOCKED FOLLOWING NINTH CIRCUIT ORDER
4. Ninth Circuit tosses California law limiting gun purchases to one every 30 days
