CGF Seeks U.S. Supreme Court Review in Constitutional Challenge to California’s Handgun Roster, Microstamping Laws
WASHINGTON, D.C. (December 28, 2018) — Today, attorneys Alan Gura and Donald Kilmer filed a petition for Supreme Court review in a federal Second and Fourteenth Amendment lawsuit challenging the State of California’s handgun roster and “microstamping” laws. The California Gun Rights Foundation, an institutional plaintiff in the case, is joined by Second Amendment Foundation and four individuals. A copy of the petition for certiorari can be found here.
The petition argues that, with the Ninth Circuit Court of Appeals’ decision below in the case, “the legality of handgun possession in the Nation’s most populous state is a matter of legislative grace.”
“Absent this Court’s intervention, the Second Amendment will remain illusory for most Americans,” it says.
“This case presents an ideal vehicle for the Supreme Court to correct recalcitrant lower courts and reaffirm that the Second Amendment is not a second-class right,” said CGF Chairman Gene Hoffman. “California insists that it could ban every handgun make and model but one, but that cannot be constitutional. Bans on handguns in common use for lawful purposes are categorically unconstitutional under the Court’s Heller and McDonald decisions.”
“If the California handgun Roster laws and the Ninth Circuit’s decision below are allowed to stand, then incoming Governor Gavin Newsom will undoubtedly take the State’s gun control laws to entirely new and dangerous levels. Thus, we are hopeful that the Supreme Court will use this case to restore Second Amendment rights to tens of millions of law-abiding people in California and cabin the ambitions of gun-control proponents before the end of next year’s legislative session,” Hoffman concluded.
More information about the Handgun Roster can be found at https://www.cagunrights.org/handgun_roster. CGF noted that researchers will complete another audit of the Roster and its apparent contraction in January 2019, after Roster “renewals” are processed by the California Department of Justice.
California Gun Rights Foundation (www.cagunrights.org) is a 501(c)3 non-profit organization that serves its members, supporters, and the public through educational, cultural, and judicial efforts to advance Second Amendment and related civil rights.