A three-judge panel of the Ninth U.S. Circuit Court of Appeals ruled Friday that California’s one-gun-per-month restriction violates the Second Amendment of the Constitution.
The ruling was authored by Circuit Judge Danielle J. Forrest, a Donald Trump appointee. A concurring opinion was authored by Judge John B. Owens, a Barack Obama appointee. The third member of the panel was Judge Bridget S. Bade, another Trump appointee.
The case is known as Nguyen v. Bonta, and was brought by the Second Amendment Foundation, San Diego County Gun Owners Political Action Committee, PWGG, LP, Firearms Policy Coalition, North County Shooting Center and five private citizens, including Michelle Nguyen, for whom the case is named.
In her 24-page ruling, Judge Forrest notes, “California’s law is facially unconstitutional because possession of multiple firearms and the ability to acquire firearms through purchase without meaningful constraints are protected by the Second Amendment and California’s law is not supported by our nation’s tradition of firearms regulation.”
Judge Forrest further observes, “California nonetheless argues that its law is constitutional because (1) the Second Amendment does not guarantee a right to possess multiple firearms and (2) even if it did, restricting the frequency of purchase does not prevent someone from acquiring multiple firearms. Both arguments fail.”
Later in the ruling, Judge Forrest states, “By categorically prohibiting citizens from purchasing more than one firearm of any kind in a 30 day period, California is infringing on citizens’ exercise of their Second Amendment rights.”
Click the link to read the whole article: Ninth Circuit One-Gun-a-Month Law Unconstitutional
No comments:
Post a Comment