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Nguyen v. Bonta: A Critical Second Amendment Battle
Big Court Win Over 1-Gun-a-Month Law is Final!
We are thrilled to share a major victory for Second Amendment rights in California. The Ninth Circuit Court of Appeals has issued a “mandate” overturning California’s “one-gun-per-month” restriction, setting a historic precedent for gun owners across the state on how the Supreme Court’s Bruen test should be applied. This statute limited Californians to purchasing only one handgun or semi-automatic centerfire rifle per 30-day period. With the mandate issued, the decision is now final.
In Nguyen v. Bonta, the Ninth Circuit unanimously ruled that the1-gun-a-month law is unconstitutional. Plaintiffs in the case included Michelle Nguyen, other private citizens, and licensed FFL gun dealers. The effort was led by associational plaintiffs including our friends at the Second Amendment Foundation. Hat-tip to the associations that brought home this final win.
2ALC and CRPA and Operation Blazing Sword-Pink Pistols submitted a persuasive amicus brief supporting the plaintiffs and urging the court to affirm the lower court’s decision and protect constitutional rights. Read our Amicus Brief HERE.
This final ruling marks the first time the Ninth Circuit has permanently struck down a law for infringing on the Second Amendment. Between Heller and Bruen, previous challenges to unconstitutional gun restrictions were ultimately upheld after review by an en banc panel of 11 judges. So, this decision signals a measurable shift in how the Ninth Circuit should look at challenges to firearm bans and is a major setback for Governor Newsom and the legislature’s attempts to curtail the right to keep and bear arms in California.
Of course, the gun-hating politicians in Sacramento wasted no time trying to get around the decision by proposing a new law that will restrict gun purchases to THREE guns a month (instead of one). If it passes, that law will immediately be challenged in court too.
On behalf of our clients, Michel & Associates is handling multiple pro-2A lawsuits challenging gun bans in California. These victories, however, require resources and support, and we cannot do it without you. Help CRPA and 2ALC keep fighting for your rights. Please consider making a DONATION to CRPA Foundation today.
Keep Us in Mind for All Your Legal Needs
Michel & Associates is a full-service law firm. We have decades of experience in multiple legal specialties. To schedule a free consultation for any type of legal matter, email us at [email protected] or call (562) 216-4444.