California’s statutory regime arbitrarily prohibits the possession of commonly possessed semi-automatic firearms categorized as “assault weapons.” The law defines “assault weapons” to include, among other things, semi-automatic rifles with the capacity to accept a detachable magazine coupled with at least one of the following characteristics: a pistol grip, a folding or telescoping stock, a flash suppressor, or a grenade/flare launcher.
On September 27, 2019, the Second Amendment Foundation filed suit, along with six California residents, two firearm retailers and three advocacy groups. The suit seeks declaratory and injunctive relief, asking the court to declare California’s assault weapons ban as unconstitutional, and to bar the Defendants from its enforcement against the peaceable people of California.
The lawsuit – now on remand back to the Southern District of California from the Ninth Circuit – states that under the Bruen analysis, California’s Assault Weapons Ban cannot possibly pass constitutional muster, as such regulation is not supported by the history and tradition of firearm regulation in the country.
To view documents filed on appeal, please visit the Court of Appeals docket.
Case Team: John Dillon, George Lee
Recent Docket Activity
July 10th, 2025
NOTICE of Withdrawal of Counsel John D. Echeverria by California Attorney General Xavier Becerra, DOJ Bureau of Firearms Director Brent Orick .
November 7th, 2023
CLERK'S JUDGMENT. Judgment is in favor of Plaintiff on all claims in accordance with this Court's October 31, 2023, Decision, . Case is closed.
November 6th, 2023
ORDER Granting Parties' Joint Motion To Stay Proceedings Relating To Attorneys' Fees And Costs Pending Appeal And To Enter Separate Judgment. Signed by Judge Roger T. Benitez on 11/6/2023.
October 31st, 2023
Joint MOTION Parties' Joint Motion to Stay Proceedings Relating to Attorneys' Fees and Costs Pending Appeal and to Enter Separate Judgment by California Gun Rights Foundation, Firearms Policy Coalition, Inc., Gunfighter Tactical, LLC, Wendy Hauffen, James Miller, PWGG, L.P., Ryan Peterson, Ryan Peterson, John Phillips, Patrick Russ, Neil Rutherford, San Diego County Gun Owners Political Action Committee, Second Amendment Foundation, Adrian Sevilla. .
October 28th, 2023
ORDER of USCA re Motion to Stay Lower Court or Agency Proceedings as to 176 Notice of Appeal to 9th Circuit, filed by DOJ Bureau of Firearms Director Brent Orick, California Attorney General Xavier Becerra.
October 23rd, 2023
USCA Case Number: 23-2979 for 176 Notice of Appeal to 9th Circuit, filed by DOJ Bureau of Firearms Director Brent Orick, California Attorney General Xavier Becerra. added on 10/24/2023: # 5 MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment filed by Appellant Rob Bonta, Appellant Allison Mendoza.) . added on 10/24/2023: # 6 Declaration in Support of MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment filed by Appellant Rob Bonta, Appellant Allison Mendoza.) . added on 10/24/2023: # 7 Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant Rob Bonta, Appellant Allison Mendoza.)
October 23rd, 2023
USCA Time Schedule Order as to 176 Notice of Appeal to 9th Circuit, filed by DOJ Bureau of Firearms Director Brent Orick, California Attorney General Xavier Becerra. ; Due date for filing of transcripts in US District Court is 12/20/2023.) .
