FPC Challenges California's '1-in-30' Firearm Purchase Ban in New Second Amendment Lawsuit
Friday, December 18, 2020 Posted by Firearms Policy Coalition
SAN DIEGO, CA (December 18, 2020) — Today, FPC announced the filing of a new federal Second Amendment lawsuit, Michelle Nguyen, et al. v. California Attorney General Xavier Becerra, et al., challenging the State's ban on purchasing more than one handgun or semiautomatic, centerfire rifle in a 30-day period. Plaintiffs in this action include Firearms Policy Coalition, Second Amendment Foundation, three individuals, and two licensed firearm retailers in San Diego County. The complaint can be found at FPCLegal.org.
The State of California "unconstitutionally prohibit[s]—under pain of criminal penalty—the average, adult individual who is not prohibited from possessing and acquiring firearms— even those known to Defendants as such—from purchasing or receiving more than one handgun at a time," the plaintiff's complaint says. "And as of July of 2021, that prohibition will extend to all semiautomatic centerfire rifles, thus applying to two large categories of constitutionally protected firearms that are unquestionably in common use for lawful purposes."
At the same time, "[d]efendants allow a dozen categories of government-favored people to freely exercise the right to acquire and take possession of arms without being subject to delays or subjecting the transferee or licensee to criminal liability or the risk of arrest and prosecution." These exempt categories include the "Hollywood'' exemption, whereby the State of California carves out an exemption for their wealthy and influential friends in the entertainment business.
"The State of California currently prevents law abiding individuals, even those known to be fully eligible to exercise their right to keep and bear arms, from acquiring more than one handgun within a thirty day period," explained FPC Attorney Anthony Miranda. "This will soon apply to semi-automatic, centerfire rifles as well. The State's ban on the number of firearms that can be acquired in a single transaction is a clear violation of the individual right to keep and bear arms as well as a burden on the exercise of the fundamental right at stake here."
"California's ban on multiple-firearm purchases in a thirty day period is without rhyme or reason, particularly when that prohibition is compared to those who are exempt from the ban," explained Adam Kraut, FPC's Director of Legal Strategy. "Such a restriction on the acquisition of arms plainly violates an individual's Second Amendment rights. We look forward to challenging this ban and are cautiously optimistic that the Court will find, as the D.C. Circuit already has, that the restriction is unconstitutional."
Join the FPC Grassroots Army & Support This & Other Cases!
Firearms Policy Coalition and its FPC Law team are the nation's next-generation advocates leading the Second Amendment litigation and research space, having recently filed two United States Supreme Court petitions for certiorari (review) (Folajtar v. Attorney General and Holloway v. Attorney General) and several major federal Second Amendment lawsuits, including challenges to the State of Maryland's ban on "assault weapons'' (Bianchi v. Frosh), the State of Pennsylvania's and Allegheny County's carry restrictions (Cowey v. Mullen), Philadelphia's Gun Permit Unit policies and practices (Fetsurka v. Outlaw), Pennsylvania's ban on carry by adults under 21 years of age (Lara v. Evanchick), California's Handgun Ban and "Roster" laws (Renna v. Becerra), Maryland's carry ban (Call v. Jones), New Jersey's carry ban (Bennett v. Davis), New York City's carry ban (Greco v. New York City), the federal ban on the sale of handguns and handgun ammunition by federal firearm licensees (FFLs) to adults under 21 years of age (Reese v. BATFE), and others, with many more cases being prepared today. To follow these and other legal cases FPC is actively working on, visit the Legal Action section of FPC's website or follow FPC on Instagram, Twitter, Facebook, YouTube.
Firearms Policy Coalition (firearmspolicy.org) is a 501(c)4 nonprofit organization. FPC's mission is to protect and defend constitutional rights—especially the right to keep and bear arms—advance individual liberty, and restore freedom through litigation and legal action, legislative and regulatory action, education, outreach, grassroots activism, and other programs. FPC Law is the nation's largest public interest legal team focused on Second Amendment and adjacent fundamental rights including freedom of speech and due process, conducting litigation, research, scholarly publications, and amicus briefing, among other efforts.
The Nguyen case is another important lawsuit that is part of FPC's comprehensive strategy to defend freedom, advance individual liberty, and restore the Constitution and its guarantees for individuals throughout the United States. Individuals who wish to support the lawsuit can do so at JoinFPC.org and www.firearmspolicy.org/nguyen.
NOTICE -- POTENTIAL PLAINTIFFS NEEDED!
FPC is urgently seeking individual and FFL plaintiffs for a number of lawsuits that are being prepared to challenge laws and policies that infringe on fundamental rights, including (but not limited to):
Laws and policies that prevent individuals from purchasing and/or possessing so-called "assault weapons" (semi-automatic firearms with standard characteristics) and "high-capacity" magazines (standard magazines that hold more than 10 rounds)
Laws and policies that prevent 18-20-year-old young adults (under age 21) from obtaining handguns from FFLs and carry loaded, operable arms in public for self-defense
Laws and policies that prevent individual adults (over the age of 18) from carrying loaded handguns and other arms outside of their home
Laws and policies that prevent individuals from acquiring and/or possessing handguns and other arms without first acquiring a "purchase permit"
Laws and policies that prevent individuals from acquiring or possessing firearms due to a conviction for a non-violent crime, or mental health adjudication that did not involve an involuntary commitment
Laws that prevent honorably discharged veterans from acquiring or possessing firearms because they have been classified as "a mental defective" due to the agency's determination that they "lack the mental capacity to contract or manage his or her own affairs" because they need assistance managing VA benefits and have a fiduciary
If someone you know meets the criteria above, or if you would be interested in participating in litigation as a supporting FFL, please contact us:
On the web at www.firearmspolicy.org/hotline
By email at potentialplaintiffs[at]fpchq.org
By phone at (855) 252-4510 (FPC Legal Action Hotline available 24/7/365)
If you would like to support FPC's Nguyen case and many other pro-Second Amendment lawsuits, legal action, and research, please chip in $5, $10, $25, or whatever you can at https://www.firearmspolicy.org/donate or Join the FPC Grassroots Army at JoinFPC.org.