The federal appeals court must now consider the constitutionality of state laws that had limited residents to one gun purchase every 30 days
California residents can purchase firearms as frequently as they want for the time being while a federal appeals court considers the constitutionality of state laws that had limited residents to no more than one gun purchase every 30 days, a federal appellate panel ruled Thursday.in March, ruling that such restrictions were unconstitutional. But the laws had remained in effect while the state appealed the district judge’s ruling.
“This order allows our hard-won injunction to take effect and, unless the 9th Circuit issues a new stay, Californians may now apply to purchase multiple firearms within a 30-day period,” Brandon Combs, president of the Firearms Policy Coalition, one of the plaintiffs in the case, said in a statement. “FPC intends to make Governor Gavin Newsom and Attorney General Rob Bonta respect Second Amendment rights whether they like it or not.
U.S. District Judge William Hayes sided with the gun owners and other plaintiffs in March, granting their motion for summary judgment while citing precedent established by the U.S. Supreme Court in 2022 that modern-day gun laws must be similar enough to. “Defendants have not met their burden of producing a ‘well-established and representative historical analogue’ to the law,” Hayes wrote.
In written arguments submitted before Wednesday’s hearing, attorneys for the state argued that Hayes had erred in his ruling, writing that the widespread availability of guns “has given rise to societal concerns regarding straw purchases and firearms trafficking” that did not previously exist.
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