News Summary
A federal appellate panel has ruled California’s one-gun-a-month law unconstitutional, allowing residents greater freedom in firearm purchases. This landmark decision emerged from a challenge in San Diego, emphasizing Second Amendment rights. The unanimous ruling by the 9th U.S. Circuit Court of Appeals reversed the longstanding limitation, indicating that such restrictions do not align with constitutional protections. The court acknowledged the state’s intent to curb straw purchases but asserted that historical context must guide firearm regulations. This ruling could significantly impact California’s gun laws as officials assess their response.
San Diego – Federal Appeals Court Rules California’s Gun Purchase Law Unconstitutional
A federal appellate panel has ruled that California’s one-gun-a-month law is unconstitutional, allowing residents to purchase firearms without the previously enforced limitation of one firearm every 30 days. This ruling emerged from a legal challenge in San Diego, where plaintiffs contended that the law infringed on their Second Amendment rights.
The 9th U.S. Circuit Court of Appeals issued a unanimous decision, supporting a prior ruling by U.S. District Judge William Hayes that struck down California’s law. Judge Hayes had previously sided with the plaintiffs, indicating that the restriction did not hold up under constitutional scrutiny. The panel’s decision reflects a growing reevaluation of firearm regulations in California and across the nation.
Circuit Judge Danielle Forrest, writing the majority opinion, asserted that the acquisition and possession of multiple firearms without significant constraints fall under the protections granted by the Second Amendment. Further emphasizing the decision, Forrest noted that similar restrictions on other rights—such as free speech or religious assembly—would also be deemed unconstitutional.
California originally enacted the one-gun-a-month restriction in 1999, initially limited to handguns. In 2019, the legislation expanded to include all firearms, culminating in an amendment in 2024 that broadened the restriction to allow only one firearm purchase of any type within a 30-day period. The aim of the law was primarily to deter straw purchases, whereby individuals purchase firearms on behalf of individuals who are prohibited from buying them.
In response to the plaintiffs’ arguments, California officials maintained that the law did not violate Second Amendment rights, as it would still permit individuals to acquire up to 12 firearms per year. However, the court’s ruling cited the historical lack of precedent for such a law, reinforcing that regulation must align with historical traditions of firearm control.
Attorney General Rob Bonta has stated that the state remains committed to defending its firearm safety laws but is currently reviewing the appellate court’s decision. While Bonta has not announced plans to pursue an en banc review by the 9th Circuit, the ruling will likely have significant implications for California’s firearm legislation going forward.
Gun rights advocates heralded the court’s ruling as a restoration of their Second Amendment rights, signaling a potential shift in the legal landscape surrounding firearm regulations following the U.S. Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen, which emphasized the importance of historical context in modern firearm laws.
Judge John Owens, part of the appellate panel, pointed out that the ruling focused solely on the one-gun-a-month law and does not impede the state’s ability to implement other laws aimed at preventing straw purchases. This distinction underlines the court’s recognition of the need for effective measures to combat illicit firearm transactions while simultaneously upholding constitutional rights.
The decision represents a pivotal moment in the ongoing debate around gun control in California, highlighting tensions between legislative efforts to enhance public safety and the constitutional rights of individuals to possess firearms. As state officials assess their next steps in response to this ruling, the landscape of gun ownership and regulation in California may see further transformation.
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Additional Resources
- San Francisco Chronicle
- Wikipedia: Second Amendment
- Courthouse News
- Google Search: California gun laws
- Record Net
- Google Scholar: California one gun a month law
- Fox40 News
- Encyclopedia Britannica: Gun Control
- San Diego Union-Tribune
- Google News: California gun law ruling
Author: STAFF HERE SAN DIEGO WRITER
SAN DIEGO STAFF WRITER The SAN DIEGO STAFF WRITER represents the experienced team at HERESanDiego.com, your go-to source for actionable local news and information in San Diego, San Diego County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as Comic-Con International, San Diego County Fair, and San Diego Pride Festival. Our coverage extends to key organizations like the San Diego Regional Chamber of Commerce and United Way of San Diego County, plus leading businesses in biotechnology, healthcare, and technology that power the local economy such as Qualcomm, Illumina, and Scripps Health. As part of the broader HERE network, including HEREAnaheim.com, HEREBeverlyHills.com, HERECostaMesa.com, HERECoronado.com, HEREHollywood.com, HEREHuntingtonBeach.com, HERELongBeach.com, HERELosAngeles.com, HEREMissionViejo.com, and HERESantaAna.com, we provide comprehensive, credible insights into California's dynamic landscape.
