Appeals Court Shoots Down Controversial Firearm Rule

In a landmark decision, the Ninth Circuit Court of Appeals has nullified a California law that restricted individuals to buying one firearm within a 30-day period.

At a Glance

The Ninth Circuit Court of Appeals overturned California’s 30-day firearm purchase restriction.
A federal district court had previously issued an injunction against the law.
California’s appeal for a stay was initially granted but then reversed after oral arguments.
Judge Hayes found the state’s historical analogs for similar laws to be “dubious.”

Overturning a Contested Law

The United States Ninth Circuit Court of Appeals has overturned California’s law that limited residents to purchasing one firearm per month. This decision, delivered on August 16, 2024, calls into question the balance between regulated gun sales and Second Amendment rights. The ruling places a permanent injunction against enforcing the 30-day restriction.

An earlier injunction against the law had been issued by a federal district court, stopping its enforcement. California appealed the injunction through the Ninth Circuit, which initially stayed the injunction. However, after oral arguments, the Ninth Circuit panel reversed the stay, allowing the injunction to take full effect and nullifying the law.

Legal Grounds and Historical Analyses

This ruling followed the legal precedent set by the U.S. Supreme Court in NYSRPA v. Bruen. Judge William Hayes cited the Bruen case by asserting, “When the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct,” compelling the government to justify regulations based on historical traditions.

Judge Hayes scrutinized the historical analogs California presented as justification for the law. Citing examples of historical gun restrictions targeting specific “groups excluded from the political community,” Hayes found them to be “dubious.” He noted that historical firearm regulations did not include restrictions on the quantity or frequency of firearm acquisitions.

Immediate Implications and Future Legislation

This decision marks a significant victory for Second Amendment advocates and places scrutiny on future legislation aiming to regulate firearm sales. The ruling allows Californians to purchase multiple firearms within a 30-day period, starting immediately. As Firearms Policy Coalition President Brandon Combs remarked, “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.”

The ruling stems from the case Nguyen v. Bonta, which was filed in December 2020 as part of the Firearms Policy Coalition’s (FPC) strategic litigation program. The case included multiple plaintiffs, including individual and retailer members, the San Diego County Gun Owners PAC, and the Second Amendment Foundation. The reversal of the stay also allows the final judgment and injunction by the district court to take effect, thereby rendering the law unenforceable.

Conclusion and Next Steps

The overturning of California’s 30-day firearm purchase law by the Ninth Circuit Court symbolizes a pivotal moment in the debate over gun control and Second Amendment rights. This ruling may influence future legislative efforts both within California and across other jurisdictions. The Firearms Policy Coalition continues to advance its initiatives through strategic litigation, legislative action, and grassroots activism to promote what they call maximal liberty for citizens.

For more information on FPC’s initiatives and litigations, supporters are encouraged to join the FPC Grassroots Army or visit FPCLegal.org to understand how they can contribute to ongoing efforts.