California has seen yet another of its restrictive anti-gun laws declared unconstitutional.
On Monday, in the case Nguyen v. Bonta, the District Court for the Southern District of California struck down the state’s ban on purchasing more than one handgun or semi-automatic, centerfire rifle in a 30-day period.
The court made the ruling after the state failed to prove that the law meets the second requirement of the Bruen standard—to prove a historical precedent.
“Defendants have not met their burden of producing a ‘well-established and representative historical analogue’ to the OGM law,” the court opinion stated. “The Court therefore concludes that Plaintiffs are entitled to summary judgment as to the constitutionality of the OGM law under the Second Amendment.”
The lawsuit was filed by the Firearms Policy Coalition (FPC) on behalf of six of its individual members, along with a number of other firearms-related groups. Cody J. Wisniewski, FPC Action Foundation vice president and general counsel, and counsel for FPC, said the decision was yet another great victory for California gun owners.
“Another week, another California gun control law declared unconstitutional by a federal court,” Wisniewski said. “California’s one-gun-a-month law directly violates California resident’s right to acquire arms and has no basis in history. Given it seems certain California will refuse to learn its lesson, we look forward to continuing to strike down its gun control regime and to defending this victory.”
While the state made a number of arguments supporting the law, in its own briefs FPC basically shot down each of those arguments.
“Despite its previous concession on the obvious point that the OGM law ‘implicates’ the Second Amendment even under the overly lenient ‘interesting balancing’ standards, the State continues to push its claim that now, after the decision in Bruen, the conduct targeted by the OGM law is not even ‘covered by ‘the plain text’ of the Second Amendment,’” FPC said in its brief in support of summary judgment. “Again, the State’s argument here is self-defeating because (1) it ignores ‘the plain text’ expressly securing the right to keep and bear Arms, in the plural, with no limitation on the frequency or quantity of firearm acquisitions.”
In the latest action, the Court instructed the parties to file a proposed judgment in seven days, which will “include language that enforcement of the judgment is stayed for thirty (30) days to facilitate an appeal.”
We had that in my home state of SC at one time.
dor
Gov John West was one of Jimmy Carters infamous stooges.
It took us years to recover from him. He earned an ambassadorship in Saudi Arabia
and tried his best to rehabilitate their image.
In other words another lying Democrat. Sure it is in the past but if it can happen in SC it could happen anywhere.
I always get a smile on my face when I see lawless Dems set themselves up for a smack down.
Just strengthens our 2ndA with precedent.
Cool! Now do Virginia!!
Just another court ruling to be ignored by liberal/progressive democrats in control of Commiefornia.
They are not regulating your freedom of speech. That just want to limit you to one written letter a month.
You can assemble with anyone you want… just on one day a month.
You can refuse to quarter soldiers… one day a month.
Anything from the 3rd circuit awb and mag restrictions case the other day? From what I heard it was judicial attack mode.
99 gun control laws on the wall,
99 gun control laaaaaaaaws….
Ya knock one down, right on the ground,
98 gun control laws on the wall.
***
98 gun control laws on the wall,
98 gun control laaaaaaaaws…
Take one down and they add one more…99 gun control laws on the wall.
Haz:
It isn’t like bottles of beer on the wall. Gun laws split like microbes.
“Gun laws split like microbes.”
Literal ‘viral’ microbes… 🙁
“Ya knock one down, right on the ground,”
Gun control laws are the “weeble wobbles” of lawfare.
The plain text of the second amendment says; “shall not be infringed.” Just think about how many attorneys would be out of work if we adhered to that little bit of plain text.
California Court Rules There is No Quota on Your Second Amendment Rights.
Armed Citizens Start Patrolling Their Neighborhoods.
Gun Control will appeal like Gun Control always does. What happens when courts provide standing for an agenda Rooted in Racism and Genocide.
bans on new gas cars by 2035, bans on gas stoves, bans on gas powered yards equipment, open flame restrictions (charcoal grills), etc., etc.. Utopian unicorns.
And no electricity to run all of it. Welcome to the neolithic era.
Electricity will be rationed to the areas designated to the elites and other favored groups. The others had better like living in shantytowns or favelas and eating raw vegetables washed with cholera infested water.
there will be electricity. Just wait for the trillions of tax dollars after they sell the cars and must have the electricity for national security.
We are just in the sucker stage like satellite TV
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Have been watching reports out of Ukraine. One common question is why Ruzzia continues to use human wave tactics, both human and equipment. Interestingly, the answer is the same for both the Ukraine war, and the war on the Second Amendment: reducing the inventories of ammunition, and funding.
Ruzzia knows Ukraine cannot match the human and material resources, thus wave tactics deplete resistance capability, and will eventually exhaust the Ukrainian army ammo supplies.
Gun grabbers know that there is no limit on the number of infringements that can be made into law, but the resisters only have so much funding available, and the more lawfare, the faster the financial inventory of 2A defenders will be depleted, and not replaced.
Yes, politics is war by other means.
Attrition warfare—they have enough prisoners ‘offered’ clemency to serve their country (dig trenches for the forces they actually care about) as well as non-Muscovites to press into service and run into the meat grinder with zero training that it (almost) doesn’t matter what equipment we give to the Ukrainians. The RUSMIL has ramped up military industrial production of ammunition in a way that we cannot match. It’s a numbers game and the US public will grow increasingly concerned about the money and resources being expended on this proxy war. The bonus round option of it being an election year guarantees that this will end poorly.
“Attrition warfare—they have enough prisoners ‘offered’ clemency to serve their country….”
For POTG as well.
I always wondered how they could possibly justify limiting the purchase of a legal product.
Even a potentially dangerous product.
“I always wondered how they could possibly justify limiting the purchase of a legal product.”
Might makes right.
Yet the ATF thugs still require the 4473 multiple purchases be reported to local law
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