Second Amendment organizations work tirelessly to defend the people’s right to protect themselves and their loved ones. When one victory is achieved, there’s a brief celebration before necessarily moving on to the next gun rights battlefield.
The Firearm Policy Coalition (FPC) scored a significant victory over California’s gun rationing scheme in Nguyen v. Bonta, but the group is not resting on its laurels.
NJ gun control scheme should also go down in flames
Instead, it now targets New Jersey’s “one-gun-a-month” policy that puts arbitrary restraints on acquiring constitutionally protected weapons. The FPC last week filed a motion for summary judgment in Struck v. Davenport, the legal challenge to the Garden State’s firearm rationing.
The gun rights stalwarts pointed straight to the Constitution to justify opposition to arbitrary limits on gun purchases.
“The constitutional text protects the right to ‘keep and bear Arms,’ and courts across the country have recognized that the right necessarily protects the ability to acquire firearms,” the FPC explained. “Because the plaintiffs seek to acquire handguns for lawful purposes, the motion argues that their conduct is presumptively protected and New Jersey bears the burden of proving that the restriction is consistent with the Nation’s historical tradition of firearm regulation.”
The same burden that California officials failed to meet.
Bill of Rights protects acquisition as well as ownership of firearms
In Nguyen, the Ninth Circuit agreed with the plaintiffs that the Second Amendment’s protection extends to ownership of multiple firearms and their acquisition.
Indeed, short of outright bans that anti-gunners long for, limiting law-abiding citizens’ ability to acquire personal weapons is, in their minds, the next best alternative.
However, the Ninth Circuit applied the Bruen test to the California law and found that historical justification for such restraints was sorely lacking. Another FPC win in New Jersey would go far in shelving such government overreaches once and for all.
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