Judge upholds Supreme Court precedent by blocking California handgun safety rule
Kaelan Deese
A federal judge blocked a California law requiring certain mechanical safety features for semiautomatic handguns, marking another law subject to scrutiny after a Supreme Court ruling last year required firearm laws be “consistent” with the nation’s historical tradition of regulation.
U.S. District Court Judge Cormac Carney, an appointee of President George W. Bush, wrote Monday that the state’s rules for new handguns are unconstitutional and cannot be enforced. He wrote that the restrictions have disallowed approval of new semiautomatic handguns for sale since 2013 and that Californians are forced to purchase older and potentially more dangerous models.
Video Embed
WISCONSIN SUPREME COURT RACE HEATS UP AS GUN SAFETY GROUP LAUNCHES $500,000 AD
The lawsuit that led to the decision was filed last year by the California Rifle & Pistol Association and other Second Amendment organizations after the Supreme Court’s landmark ruling in New York State Rifle & Pistol Association Inc. v. Bruen, a 6-3 decision that opened the floodgates to dozens of court challenges against gun control measures in Democratic-led states.
The law is known as the Unsafe Handgun Act of 2001 and includes numerous requirements in order to be in compliance. New semiautomatic handguns need an indicator showing when there is a round in the chamber and a mechanism to prevent firing when a magazine is not fully inserted, which are intended to prevent accidental discharge. It also requires that gun owners stamp a serial number onto bullets they fire, a process known as microstamping.
“No handgun available in the world has all three of these features,” Carney wrote in his 22-page decision. “These regulations are having a devastating impact on Californians’ ability to acquire and use new, state-of-the-art handguns.”
Carney issued a preliminary injunction to take effect in two weeks, which at that point, the state would cease enforcing the law.
The delay offers the state Justice Department time to appeal the decision. State Attorney General Rob Bonta released a statement emphasizing that the law “remains in effect.”
“The fact of the matter is, California’s gun safety laws save lives, and California’s Unsafe Handgun Act is no exception,” Bonta said in a statement. “We will continue to lead efforts to advance and defend California’s gun safety laws. As we move forward to determine next steps in this case, Californians should know that this injunction has not gone into effect and that California’s important gun safety requirements related to the Unsafe Handgun Act remain in effect.”
The law was challenged in court in 2018, but efforts by gun rights plaintiffs were ultimately stifled in the U.S. Court of Appeals for the 8th Circuit.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
Chuck Michel, president of the California association, released a statement celebrating the judge’s decision.
“If we can hold on to this great Second Amendment win, people will be able to choose from among thousands of the latest, greatest and safest handguns made today,” Michel said.