Plaintiffs include a group of individuals who at one time in their life, were subject to some version of a mental health hold, and for whom there is no current, constitutionally valid finding that they are a danger to themselves or others, yet, were denied the purchase of a firearm. Said differently, all of the individuals have had their rights restored by means of petition or by operation of law, yet are still denied the ability to possess firearms and ammunition because California and the Federal Government’s erroneous records.
On February 25, 2019, the Second Amendment Foundation, along with the individual plaintiffs, filed suit against the United States and California alleging a number of violations of the plaintiffs constitutional rights. The lawsuit seeks a judgment declaring the statutes and/or regulations at issue violate the United States Constitution to the extent those laws and regulations impose a lifetime ban on exercising a fundamental right, with no mechanism for restoration of that right.
Case Team: Donald Kilmer, Jason Davis
To access all of the case documents, please visit the docket.