SAN FRANCISCO, CA - In a Thursday press release, Firearms Policy Coalition (FPC) revealed that the Ninth Circuit Court of Appeals handed down an order throwing aside a stay that was previously imposed in FPC's ongoing lawsuit Nguyen v. Bonta, which challenged the Second Amendment Constitutionality of the state's "1 in 30" or "one-gun-per-month" gun ban.
With the stay removed, the District Court ruling in the case and an injunction obtained by FPC are now effective and prevent Sacramento from enforcing the unconstitutional restriction.
In March, Judge William Q. Hayes of the Southern California District Court ruled in favor of a request from the FPC for a summary ruling writing, "nothing in the text of the Second Amendment suggests that the Second Amendment right is limited to possession and acquisition of a single firearm, or that the acquisition of additional firearms is inherently subject to additional limitations—if anything, the usage of the term 'arms' in plural suggests the opposite."
Hayes added clarification noting, "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. The Court concludes that Plaintiffs’ proposed conduct is presumptively protected because it is covered by the plain text of the Second Amendment.
FPC President Brandon Combs said in the release, "This order allows our hard-won injunction to take effect and, unless the Ninth Circuit issues a new stay, Californians may now apply to purchase multiple firearms within a 30-day period. FPC intends to make Governor Gavin Newsom and Attorney General Rob Bonta respect Second Amendment rights whether they like it or not."
The FPC celebrated its judicial victory in a pair of posts to X writing, "If you listen closely, you can hear an authoritarian have a stroke every time a Californian buys more than one gun at a time," the group added, "You can learn more about why Californians can now buy more than one gun a month thanks to our win in our Nguyen v. Bonta CA '1-in-30' Firearm Ban Lawsuit here:"
With the stay removed, the District Court ruling in the case and an injunction obtained by FPC are now effective and prevent Sacramento from enforcing the unconstitutional restriction.
In March, Judge William Q. Hayes of the Southern California District Court ruled in favor of a request from the FPC for a summary ruling writing, "nothing in the text of the Second Amendment suggests that the Second Amendment right is limited to possession and acquisition of a single firearm, or that the acquisition of additional firearms is inherently subject to additional limitations—if anything, the usage of the term 'arms' in plural suggests the opposite."
Hayes added clarification noting, "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. The Court concludes that Plaintiffs’ proposed conduct is presumptively protected because it is covered by the plain text of the Second Amendment.
FPC President Brandon Combs said in the release, "This order allows our hard-won injunction to take effect and, unless the Ninth Circuit issues a new stay, Californians may now apply to purchase multiple firearms within a 30-day period. FPC intends to make Governor Gavin Newsom and Attorney General Rob Bonta respect Second Amendment rights whether they like it or not."
The FPC celebrated its judicial victory in a pair of posts to X writing, "If you listen closely, you can hear an authoritarian have a stroke every time a Californian buys more than one gun at a time," the group added, "You can learn more about why Californians can now buy more than one gun a month thanks to our win in our Nguyen v. Bonta CA '1-in-30' Firearm Ban Lawsuit here:"
You can learn more about why Californians can now buy more than one gun a month thanks to our win in our Nguyen v. Bonta CA “1-in-30” Firearm Ban Lawsuit here: https://t.co/x6Ub8k34Tu
— Firearms Policy Coalition (@gunpolicy) August 19, 2024
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