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San Diego Judge Strikes Down California's One-Gun-Per-Month Law as Unconstitutional

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Published on March 14, 2024
San Diego Judge Strikes Down California's One-Gun-Per-Month Law as UnconstitutionalSource: Google Street View

A federal judge in San Diego dropped the hammer on California's controversial gun control law this week, deeming the state's restriction on the purchase of more than one gun per month unconstitutional. According to CNS, the ruling came down in favor of a group of plaintiffs that included gun owners, Second Amendment advocates, and firearms dealers.

The plaintiffs, supported by organizations like the Firearms Policy Coalition (FPC), argued that the law infringed on the right of law-abiding citizens to buy firearms. As detailed in a court document obtained by 10news, Judge William Hayes agreed, putting a temporary one-month hold on his decision to allow time for the state to appeal.

California officials had defended the law, claiming it was a measure against straw purchases and gun trafficking, issues they argued were not as prevalent during the Founding or Reconstruction eras. Nonetheless, Judge Hayes concluded that the state did not present a "well-established and representative historical analogue" to the one-gun-per-month law, as reported by firearmspolicy.org.

"California's one-gun-a-month law directly violates California resident's right to acquire arms, and has no basis in history," Cody J. Wisniewski, FPC's Vice President and General Counsel, said in a statement echoing the judge's findings. Despite this week's legal setback, California is expected to pursue an appeal in defense of its, gun control laws, though Wisniewski signaled readiness to counter such moves.

The court has asked the involved parties to propose a judgment within the week, which will include a 30-day stay to allow for an appeal process. This ruling aligns with a series of recent federal court decisions that have struck down California gun laws, particularly following the Supreme Court's decision in New York State Rifle & Pistol Association Inc. v. Bruen, which revised the judicial standards for evaluating firearm-related cases.