Justice rules California's gun control law unconstitutional

For years, the state has imposed certain requirements that prevented citizens from acquiring new models of handguns.

Un rifle de asalto y una pistola en un campo de entrenamiento de tiro. Imagen de archivo. — (Pexels)

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23 de marzo, 2023

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Justice blocked the California Unsafe Weapons Act, which restricted the sale of new models of handguns. Judge Cormac J. Carney from the U.S. District Court for the Central District of California argued that some parts of the proposal were unconstitutional because they violated the Second Amendment.

In a preliminary injunction, Judge Carney accepted the lawsuit filed by the California Rifle & Pistol Association along with other gun advocates. They complained that the state law demanded certain requirements for new models, such as a magazine disconnect mechanism that would prevent the gun from being triggered without the magazine being fully inserted. These measures made it difficult to purchase new guns.

"No handgun available in the world has all three of these features. These regulations are having a devastating impact on Californians’ ability to acquire and use new, state-of-the-art handguns," said Judge Carney.

The federal judge gave the California Department of Justice two weeks to file an appeal. Due to state policy regarding the purchase and use of firearms, no new models of semi-automatic pistols were approved for sale since 2013, Fox News reported. This resulted in citizens having to purchase older, and therefore more unsafe, guns, as Carney said:

Californians have the constitutional right to acquire and use state-of-the-art handguns to protect themselves. They should not be forced to settle for decade-old models of handguns to ensure that they remain safe inside or outside the home.

California deprived citizens of the right to acquire a gun

Chuck Michel, president of the California Rifle & Pistol Association and leader of the lawsuit filed, criticized the state administration for standing in the way of Californians' right to acquire the gun they needed for years:

For decades, this ‘roster’ law has deprived law-abiding citizens of the right to choose a handgun appropriate for their individual needs. The loaded chamber indicator, magazine disconnect, and microstamping requirements were impossible to satisfy, so the number of different models of approved handguns available to buy dropped to barely 200. 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.

"Gun safety law saves lives"

The state opposes the resolution and stated that it will appeal. Rob Bonta, California Attorney General, issued a statement confirming that they will appeal Judge Carney’s decision, who gave them 14 days to do so:

The fact of the matter is, California’s gun safety laws save lives, and California’s Unsafe Handgun Act is no exception. 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.

Democratic Party's obsession with gun control

California Governor Gavin Newsom is a staunch advocate of imposing total gun control. In February, the Democratic governor announced that he would limit the places where citizens could carry concealed weapons. Among other places, they would be prohibited in public libraries, churches, playgrounds, zoos, banks and other businesses. He would grant only one exception: churches or businesses that post a sign indicating that they allow weapons to be carried on their property.

Joe Biden is also obsessed with imposing gun restrictions. In mid-March, the president signed an executive order increasing the number of background checks for new firearms licenses. By doing so, he intends to further control the sale of these weapons: