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.
Case Team: John Dillon, George Lee
To access all of the case documents at the District Court, please visit the docket.
To view documents filed on appeal, please visit the Court of Appeals docket.