Angels. – A federal judge on Monday blocked key provisions of a California law that severely restricts the sale of new fire arms in the state, claiming that parts of the legislation violate the Second Amendment.
Last year, the California Rifle & Pistol Association and other gun rights advocates filed a lawsuit challenging the law following a landmark 2022 ruling by the U.S. Supreme Court. which set new standards for evaluating gun restrictions.
The decision left numerous laws aimed at regulating and limiting the sale and use of firearms, in California and across the country, at risk of being struck down.
Background checks and more scrutiny for gun dealers.
U.S. District Court Judge Cormac Carney of Santa Ana wrote Monday that California’s new firearms requirements are unconstitutional and unenforceable.
Because of these restrictions, Carney wrote, newer models of semi-automatic pistols have not been approved for sale since 2013, and Californians are forced to buy older, potentially less safe models.
He issued a preliminary injunction that would go into effect in two weeks, meaning the state would have to stop enforcing the law. The delay gives the state Department of Justice time to appeal.
“The fact is, California’s gun safety laws save lives, and the California Unsafe Firearms Act is no exception,” Attorney General Rob Bonta said in a statement.
“We will continue to lead efforts to promote and defend California’s gun safety laws. As we prepare to determine next steps in this matter, Californians should be aware that this court order has not gone into effect and that California’s extensive gun safety requirements related to dangerous firearms remain in force. »
In California, state law requires new handguns to have three components:
- a chamber load indicator, which indicates whether the weapon is loaded;
- a magazine disconnect mechanism that will stop firing the weapon if the magazine is not inserted correctly; And
- the ability to micro-stamp so law enforcement can more easily match spent casings to the weapons they were fired from.
California Governor Gavin Newsom wants to limit where people can carry concealed weapons after several mass shootings killed dozens across the state in January.
“No handgun available in the world has these three characteristics,” Judge wrote. “These regulations are having a devastating impact on the ability of Californians to purchase and use advanced new firearms.”
Older handguns have been protected on what’s called the “list,” or a list of firearms that pass a safety test under state law known as Unsafe Guns Act.
“California have a constitutional right to purchase and use state-of-the-art handguns to protect themselves,” he wrote. “They shouldn’t have to settle for handgun models from a decade ago to make sure they stay safe inside or outside the house.”
Several families from Uvalde who accompanied Beto O’Rourke to the Rio Grande Valley called on the community to vote for the Democratic politician during an emotional press conference in which more than one tear was shed.
Previous attempts to challenge the state law, filed before last year’s Supreme Court ruling, have failed.
Chuck Michel, head of the California Rifle and Pistol Association, said all three requirements were “impossible to meet”.
“For decades, this ‘list’ law has deprived law-abiding citizens of the right to choose a firearm suited to their individual needs,” he wrote in a statement Monday.
This mother recalled what happened in October 2017 in Las Vegas, when she lost her son in a shooting at a concert that killed 60 people.
“If we can keep this great Second Amendment victory going, people will be able to choose from thousands of the newest, best, and safest firearms made today.”
Only New York also has a similar micro-stamping requirement, according to gun control group Everytown for Gun Safety.
The National Shooting Sports Foundation, the firearms industry trade association, welcomed the preliminary injunction in a statement Monday.
The governor of Texas stresses that the government must find a solution to the increase in mental health problems.
“For too long, the Second Amendment has been significantly violated by elected officials who have taken every opportunity to put obstacles in the way of law-abiding citizens seeking to exercise their Second Amendment rights,” said Lawrence Keane, senior vice president of the organization. . .
“The order is the first step in what will be a long legal battle, but it is an important victory.”