U.S. District Judge William Q. Hayes tossed aside the state’s argument that the statute did not run afoul of the Second Amendment. Instead, he granted a summary judgment in the suit brought by the Second Amendment Foundation, the Firearms Policy Coalition and the San Diego County Gun Owners PAC.
Hayes explained, “The fact that the OGM law burdens Plaintiffs’ Second Amendment right rather than outright prevents Plaintiffs’ from keeping and bearing arms is not determinative of whether the proposed conduct is covered by the plain text of the Second Amendment.”
Then he applied 2022’s landmark Supreme Court Bruen decision to the law and determined it came up short.
The high court majority set the bar that gun control laws must be “consistent with the Nation’s historical tradition of firearm regulation.”
Clearly there is not a precedent of such laws in the U.S. California officials attempted to use taxing and licensing laws to validate their stance, but again this was easily brushed away.
Judge Hayes noted that taxes and licensing requirements are not “relevantly similar” to the state’s OGM law. Neither of the examples presented limited the number of weapons a lawful gun owner may purchase.
This logic was clear to Bill Sack, director of legal operations for the Second Amendment Foundation. He explained to Reuters that the California law was a violation of the Constitution.
“Inherent to the right to keep and bear arms is the right to acquire them.”
The only comment the outlet received from the California attorney general’s office is that it was reviewing the judge’s decision.
The lawsuit was filed in 2020, and the original gun control statute was amended to include more restrictions both in 2021 and earlier this year.
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