Federal Judge Blocks California Gun Restrictions: “Unconstitutional!”

Several gun restrictions in California have been temporarily blocked by a federal judge, which is considered a significant win for Second Amendment supporters. Judge Cormac J. Carney, who was appointed by George W. Bush, has deemed that the laws violate the constitution in light of a notable Supreme Court case in June. The blocked regulations consist of limitations on purchasing certain handguns, including ammunition micro-stamping and magazine safety requirements.

The recent ruling aligns with the decision made in the New York State Rifle & Pistol Association, Inc. v. Bruen case. As a result, Robert Bonta, a Democratic California District Attorney, has a 14-day window to request a stay or file an appeal. In the ruling, Judge Carney stated that individuals in California have a constitutional right to purchase and utilize modern handguns to safeguard themselves. The ruling emphasizes that people should not be obliged to rely on older handgun models to ensure their safety, whether inside or outside of their residences.

Since 2001, the California gun roster has limited the importation of handguns into California for sale, lending, gifting, keeping for sale, or offering unless the firearm has passed various tests and has been listed on the roster. The law exempted relic handguns and some single-action revolvers. Chuck Michel, who leads the California Rifle & Pistol Association, expressed in a press statement that the "roster" law has unjustly deprived law-abiding citizens of the right to select a handgun that is appropriate for their individual requirements for many years.

The microstamping mandate, which is currently advancing through the California legislature, would necessitate that semi-automatic pistol manufacturers integrate a component that features a microstamp or marker. This would generate an identifier on a bullet cartridge after the weapon has been fired. The magazine safety requirement, commonly known as the magazine disconnect mechanism, requires the incorporation of a "mechanism" that stops a handgun from discharging when the magazine is removed.

According to the Associated Press, previous efforts to repeal the laws were unsuccessful before the Bruen ruling. The Bruen decision recognized the constitutional right of law-abiding citizens to carry weapons outside their homes. Additionally, it mandated that any gun law must be compared historically. In his ruling, Judge Carney emphasized that because the requirements raise concerns about the plain text of the Second Amendment, and the government cannot provide any well-established historical comparisons that align with them, these requirements are unconstitutional. Hence, their implementation must be temporarily prohibited.

Written by Staff Reports

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