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June 2025 Legislation/Litigation Report

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June 2025 Legislation/Litigation Update

June Focus

The California Department of Justice has completed the rulemaking process and beginning July First the Standard Ammunition Eligibility Check (SAEC) will increase from one dollar to five dollars. The fee to verify a COE is increasing from one dollar to five dollars. So, the fee to verify that someone is exempt from the five dollar SAEC fee is also five dollars.

AB 1127, as introduced, Gabriel. Firearms: converter attachments.

Existing law prohibits any person from selling, leasing, or transferring any firearm unless the person is licensed as a firearms dealer, as specified. Existing law prescribes certain requirements and prohibitions for licensed firearms dealers. A violation of any of these requirements or prohibitions is grounds for forfeiture of a firearms dealer’s license. For purposes of these provisions, existing law defines “machinegun” to mean, among other definitions, any weapon that shoots or is designed to shoot automatically more than one shot, without manual reloading, by a single function of the trigger.

This bill would prohibit a licensed firearms dealer to sell, offer for sale, exchange, give, transfer, or deliver any semiautomatic convertible pistol, except as specified. For these purposes, the bill would define “convertible pistol” as any semiautomatic pistol that can be converted into a machinegun solely by the installation or attachment of a pistol converter and “pistol converter” as any device or instrument that when installed in or attached to the slide of a semiautomatic pistol interferes with the trigger mechanism and thereby enables the pistol to discharge a number of shots or bullets rapidly or automatically with one continuous pull of the trigger. The bill would make a violation of these provisions punishable by a fine, a 2nd violation punishable by a fine that may result in a revocation of the dealer’s license, and a 3rd violation punishable as a misdemeanor that shall result in the revocation of the dealer’s license.

Existing law prohibits the manufacture, sale, possession, or transportation of a machinegun, except as authorized. A violation of these prohibitions is punishable as a felony.

This bill would expand the above definition of “machinegun” to include any convertible pistol equipped with a pistol converter and, thus, prohibit the manufacture, sale, possession, or transportation of a convertible pistol equipped with a pistol converter.

This bill has passed the Assembly and forwarded to the Senate.

SB 704, as amended, Arreguín. Firearms: firearm barrels.

Existing law generally requires the sale or transfer of firearms to be conducted through a licensed firearms dealer. For purposes of these provisions, existing law defines “firearm” to mean a device, designed to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion and to include the frame or receiver of the weapon, including both a completed frame or receiver, or a firearm precursor part. For these purposes, existing law defines “firearm precursor part” as any forging, casting, printing, extrusion, machined body, or similar article that has reached a stage in manufacture where it may readily be completed, assembled, or converted to be used as the frame or receiver of a functional firearm, or that is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted.

Commencing on July 1, 2026, this bill would, except as specified, prohibit the sale or transfer of a firearm barrel, as defined, unless the transaction is completed in person by a licensed firearms dealer. The bill would require the licensed firearms dealer to conduct a background check of the purchaser or transferee and to record specified information pertaining to the transaction, including the date of the sale or transfer. The bill would require any costs incurred by the Department of Justice to implement these provisions, which cannot be absorbed by the department, to be funded from the Dealers’ Record of Sale Special Account upon appropriation by the Legislature. The bill would make a violation of these provisions punishable as a misdemeanor. By creating a new crime, this bill would create a state-mandated local program.

This bill has passed the Senate and been forwarded to the Assembly.

Legislation

California Legislature:

AB 383, as introduced, Davies. Firearms: prohibition: minors.

Existing law prohibits a juvenile who is adjudged a ward of the juvenile court due to the commission of specified serious or violent offenses from subsequently owning or possessing a firearm until they are 30 years of age. A violation of this prohibition is punishable as a misdemeanor or as a felony.

Existing law also prohibits certain others persons, including a person who is convicted of a felony offense, from owning a firearm or ammunition. Existing law requires a person subject to those orders to relinquish any firearms or ammunition they own and specifies the procedures to be used to relinquish those firearms or ammunition. Those procedures, among other things, require the court to provide specific instructions to the defendant and to assign the matter to a probation officer to investigate whether the defendant owns, possesses, or has under their custody or control any firearms, require a law enforcement agency to update the Automated Firearms System to reflect any firearms that were relinquished to the agency pursuant to these procedures, and require a defendant to timely file a completed Prohibited Persons Relinquishment Form. Existing law makes it an infraction for a defendant to fail to timely file that form.

This bill would expand the prohibition on juveniles subsequently owning or possessing firearms until 30 years of age by making that prohibition applicable to juveniles who are adjudged a ward of the juvenile court due to the commission of certain offenses relating to the possession of firearms or ammunition by a minor. The bill would also make those procedures to relinquish firearms or ammunition applicable to a juvenile who is prohibited from owning or possessing a firearm until they are 30 years of age. By expanding the scope of a crime and expanding the duties of local probation departments and law enforcement agencies, this bill would impose a state-mandated local program.

Existing law allows a search warrant to be issued upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched. Existing law also specifies the grounds upon which a search warrant may be issued, including, among other grounds, that the property or things to be seized include a firearm that is owned by, or in the possession of, or in the custody or control of, a person prohibited from owning that firearm due to a domestic violence restraining order, as specified.

This bill would additionally allow a search warrant to be issued when the property or things to be seized include a firearm that is owned by, or in the possession of, or in the custody or control of, a juvenile who is subject to the prohibition on owning or possessing a firearm until they are 30 years of age when the court has made a finding that the person has failed to relinquish the firearm as required by law.

Passed by the Assembly and forwarded to the Senate.

AB 584, as introduced, Hadwick. Firearms dealers and manufacturers: secure facilities.

Existing law defines a secure facility, for purposes of requirements for firearms dealers to store firearms when the dealer is not open for business, as a building that, among other requirements, has perimeter doorways with specified characteristics, including that the doorway is a windowless or windowed steel security door equipped with both a dead bolt and a doorknob lock, as specified, or a metal grate that is padlocked and affixed to the licensee’s premises, as specified. Existing law defines a secure facility, for purposes of requirements for firearms manufacturers to store manufactured firearms and barrels, as a facility that has perimeter doorways with additional specified characteristics, including that the doorway has hinges and hasps attached to doors by welding, riveting, or bolting with nuts on the inside of the door or that are installed so that they cannot be removed when the doors are closed and locked.

Under existing law, failure to comply with these requirements is grounds for the forfeiture or revocation of a license or the imposition of a civil fine, as specified.

This bill would expand the definition of a secure facility for the entities described above to allow a doorway with a windowed or windowless steel door that is equipped with panic hardware that operates a multipoint lock that bolts into the interior frame of the door, as specified.

Passed by the Assembly and forwarded to the Senate.

AB 879, as introduced, Patterson. Firearms: unsafe handguns.

Existing law specifies that the sale of an unsafe handgun to certain specified entities, including county probation departments, and members of those entities, is only authorized if the handgun is to be used as a service weapon by a peace officer who has successfully completed the basic course prescribed by the Commission on Peace Officer Standards and Training (POST) and who qualifies with the handgun, as specified, at least every 6 months. Existing law also provides that this training requirement may be satisfied by completion of the firearm portion of a training course prescribed by POST, if that training was completed before January 1, 2021.

This bill would instead authorize a peace officer employed by a county probation department and using an unsafe handgun as a service weapon to satisfy the above-described training requirement by completion of the firearm portion of a training course prescribed by POST.

Because the bill would expand the application of the crime of improperly storing an unsafe handgun in an unattended vehicle to additional persons, this bill would impose a state-mandated local program.

Passed by the Assembly and forwarded to the Senate.

AB 1078, as introduced, Berman. Firearms.

(1) Existing law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. Existing law authorizes a licensing authority, as specified, if certain requirements and other criteria are met, including, among other things, the applicant has completed a specified course of training, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified. Existing law requires a licensing authority to conduct an investigation to determine whether an applicant can receive or renew a license that includes, among other things, a review of all information provided in the application for a license, and a review of the information in the California Restraining and Protective Order System. Existing law prohibits the licensing authority from issuing a license if, among other things, the applicant has been convicted of contempt of court or court, has been subject to a restraining order, protective order, or other type of court order, unless that order expired or was vacated or otherwise canceled more than 5 years prior to receipt of the completed application. application, or, in the 10 years prior to the licensing authority receiving the completed application, has been convicted of specified criminal statutes.

This bill would also prohibit a licensing authority from issuing a license if an applicant was convicted of, under any federal law or law of any other state that includes comparable elements of, contempt of court or specified criminal statutes in the 10 years prior to the completed application or was subject to any restraining order, protective order, or other type of court order.

This bill would require the review of the California Restraining and Protective Order System to include information concerning whether the applicant is reasonably likely to be a danger to self, others, or the community at large, as specified. By imposing new duties on local licensing authorities, this bill would create a state-mandated local program.

The bill would additionally exempt from the licensure prohibition for applicants previously subject to a restraining order, protective order, or other type of court order, applicants who were previously subject to an above-described order that did not receive notice and an opportunity to be heard before the order was issued.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(2) Existing law prohibits a person who is licensed to carry a firearm from carrying a firearm in specified places, including schools, government buildings, hospitals, zoos, parks, churches, and a bus, train, or other form of public transportation. Existing law exempts a firearm that is secured in a lock box, as specified, under certain circumstances, from these prohibitions.

This bill would exempt a firearm that is unloaded and locked in a lock box for the purpose of transporting the firearm from the prohibition on carrying the firearm on a bus, train, or other form of public transportation, including a building, real property, or parking area under the control of a public transportation authority.

(3) Existing law requires, when a person applies for a new license or license renewal to carry a pistol, revolver, or other firearm capable of being concealed upon the person, a licensing authority, as specified, to issue or renew a license if the applicant has provided proof that, among other things, the applicant has completed a specified course of training, including live-fire shooting exercises on a firing range, and the applicant is the recorded owner of the pistol, revolver, or other firearm for which the license will be issued.

This bill would clarify that these requirements for a new license or license renewal specifically apply to a California resident. For non-California residents, the bill would additionally require, among other requirements, the applicant to attest, under oath, that the jurisdiction in which the applicant has applied is the primary location in California in which they intend to travel or spend time, and that the applicant has completed live-fire shooting exercises for each pistol, revolver, or other firearm for which the applicant is applying to be licensed to carry in California. By requiring local agencies to issue licenses for concealed firearms to non-California residents and expanding the scope of the crime of perjury, this bill would create a state-mandated local program.

If a psychological assessment on an initial application to carry a pistol, revolver, or other firearm capable of being concealed upon the person is required by a licensing authority, existing law requires the applicant to be referred to a licensed psychologist acceptable to the licensing authority.

This bill would authorize a licensing authority to allow a non-California resident applicant to satisfy this psychological assessment with a virtual psychological assessment, as specified, or approve this examination with a provider located within 75 miles of the applicant’s residence.

Existing law prohibits a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person from being issued if the Department of Justice determines that the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.

This bill would prohibit the issuance of that license if an applicant provides any inaccurate or incomplete information in connection with an application for a license, a license renewal, or an amendment to a license. The bill would require a licensee to inform the local authority that issued the license of any restraining order or arrest, charge, or conviction of a specified crime.

(4) Existing law prohibits a person from making an application to purchase more than one firearm within any 30-day period. Existing law prohibits a dealer from delivering a firearm to a purchaser when the dealer is notified by the Department of Justice that, within the preceding 30-day period, the purchaser has made another application to purchase a firearm. Existing law requires a licensed dealer of firearms to conspicuously post a prescribed firearms safety warning message within the licensed premises, including that no person shall make an application to purchase more than one firearm, as specified, within any 30-day period, and no delivery shall be made to any person who has made an application to purchase more than one firearm, as specified, within any 30-day period.

An existing federal district court order in a case pending appeal has enjoined the enforcement of the law limiting the number of firearms that a person is allowed to purchase in a 30-day period.

This bill would increase the number of firearms that a person can apply to purchase within any 30-day period from one to 3 and would prohibit delivery of a firearm by a dealer if the dealer is notified by the Department of Justice that the purchaser has made an application to purchase one or more firearms that would result in the purchase of more than 3 firearms cumulatively within the 30-day period preceding the date of the application, as specified. The bill would make a conforming change to the required firearms safety warning.

If a mandate is issued following an appeal reversing the district court’s order and judgment, this bill, on the 30th day after the issuance of the mandate, would decrease the number of firearms that can be purchased within any 30-day period to one. The bill would require the Attorney General to notify every licensed firearms dealer in California, by the 30th day after the issuance of the mandate, that the number of firearms a person may purchase within any 30-day period decreased to one. If no such mandate is issued, the bill would maintain the number of firearms that can be purchased within any 30-day period at 3.

(5) Existing law makes it a crime for a person to own or possess a firearm if the person has been convicted of a felony, as specified. Existing law makes those provisions inapplicable to a conviction or warrant for a felony if, both the conviction of a like offense under California law can only result in imposition of felony punishment and the defendant received either, or both, a sentence to a federal correctional facility for more than 30 days and a fine exceeding $1,000.

This bill would additionally make those provisions inapplicable to a conviction for a nonviolent felony under the laws of any other state if the conviction has been vacated, set aside, expunged, or otherwise dismissed and, if the conviction resulted in a firearms prohibition, the conviction relief restored the firearms rights, or if the conviction did not involve the use of a dangerous weapon and the person received a pardon, as specified.

Passed by the Assembly and forwarded to the Senate.

AB 1263, as amended, Gipson. Firearms: ghost guns.

Existing law makes it a crime for a person to manufacture or cause to be manufactured specified firearms. Existing law prohibits a person, other than a state-licensed firearms manufacturer, from using a computer numerical control (CNC) milling machine or three-dimensional printer to manufacture a firearm.

This bill would prohibit a person from knowingly or willfully causing another person to engage in the unlawful manufacture of firearms or knowingly or willfully aiding, abetting, prompting, or facilitating the unlawful manufacture of firearms, including the manufacture of assault weapons or .50 BMG rifles or the manufacture of any firearm using a three-dimensional printer or CNC milling machine, as specified. The bill would make a violation of these provisions a misdemeanor.

By creating a new crime, this bill would create a state-mandated local program.

Existing law authorizes a civil action against a person who knowingly distributes or causes to be distributed any digital firearm manufacturing code to any person, except as specified. For these purposes, existing law defines “digital firearm manufacturing code” to mean any digital instructions in the form of computer-aided design files or other code or instructions that may be used to program a CNC milling machine, a three-dimensional printer, or a similar machine to manufacture or produce a firearm, including a completed frame or receiver or a firearm precursor part. Existing law authorizes the Attorney General, county counsel, or city attorney to bring an action against this person and seek a civil penalty, as specified, for each violation, as well as injunctive relief.

This bill would include computer-aided manufacturing files as a digital instruction and include the manufacture or production of a machinegun and specified firearm components, including large-capacity magazines, as part of the definition of digital firearm manufacturing code. The bill would also authorize a person who has suffered harm in California as a result of a violation of these provisions to seek compensatory damages and injunctive relief. The bill would create a rebuttable presumption that a person violated the provision of unlawfully distributing or causing to be distributed any digital firearm manufacturing code if the person owns or participates in the management of an internet website that makes digital firearm manufacturing code available for purchase, download, or other distribution to individuals, and the internet website, under the totality of the circumstances, encourages individuals to upload, disseminate, or use digital firearm manufacturing code to manufacture firearms, as specified.

Existing law establishes a firearm industry standard of conduct, which requires a firearm industry member, as defined, to establish, implement, and enforce reasonable controls, as defined, and to take reasonable precautions to ensure that the member does not sell, distribute, or provide a firearm-related product, as defined, to a downstream distributor or retailer of firearm-related products who fails to establish, implement, and enforce reasonable controls. For these purposes, existing law defines firearm accessory and firearm manufacturing machine.

This bill would require, prior to completing the sale or delivery in California or to a California resident of a firearm barrel that is unattached to a firearm, firearm accessory, or a firearm manufacturing machine, a firearm industry member to comply with specified requirements, including providing a prospective purchaser with clear and conspicuous notice that specified conduct is generally a crime in California, including manufacturing firearms to be sold or transferred to an individual without a license to manufacture firearms.

Existing law, subject to exceptions, provides that any person who has been convicted of certain misdemeanors may not, within 10 years of the conviction, own, purchase, receive, possess, or have under their custody or control any firearm and makes a violation of that prohibition a crime.

This bill would also prohibit any person convicted of specified misdemeanor violations, including manufacturing an undetectable firearm or knowingly or willfully causing another person to engage in the unlawful manufacture of firearms, on or after January 1, 2026, from owning, purchasing, or receiving any firearm within 10 years of the conviction, and makes a violation of that prohibition a public offense punishable by imprisonment in a county jail, a fine, or by both the fine and imprisonment. Because this bill would expand the application of a crime to a larger class of potential offenders, this bill would impose a state-mandated local program.

 

AB 1092, as introduced, Castillo. Firearms: concealed carry licenses.

Existing law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. Existing law requires a licensing authority to issue or renew a license to carry a firearm capable of being concealed if specified conditions are met, including, among others, that the applicant is not a disqualified person for the license, as specified, and the applicant has completed a specified course of training. Existing law makes a new or renewal license that is issued to be valid for a period of time not to exceed 2 years from the date of the license, except as otherwise provided.

This bill would extend the duration of those licenses to 4 years from the date of the license. The bill would make conforming changes.

Apparently died in the Assembly.

Litigation

Snope and Ocean State Tactical

These challenges to the Maryland ban of assault weapons and high-capacity magazines has been denied certiorari by the Supreme Court. The appeals court decisions, and therefore the bans addressed, will stand.

Smith & Wesson Brands v Estado Unidos Mexicanos

The government of Mexico filed a 10 billion Dollar lawsuit seeking to hold U.S. gun manufacturers liable for violence involving firearms in Mexico. The U.S. district court judge dismissed the case based on the Protection of Lawful Commerce in Arms Act. This law prevents gun manufacturers, distributers, and dealers from being liable for the use of their products in crimes.

The First Circuit Court of Appeals reinstated the case. The Attorneys General of 16 states (including California) and the District of Columbia have filed an Amicus Curae brief supporting Mexico. The Supreme Court has reversed the appeals court decision and this case was dismissed.

Rhode v Bonta challenges the ammunition background check and importation rules. The district court, Judge Benitez of the Southern District of California, ruled on January 30 that these regulations are unconstitutional and issued a permanent injunction against the state enforcing them. Judge Benitez did not stay his ruling, and there was a brief period when ammunition could be ordered from out of state and shipped straight to the consumer. The ninth Circuit Court of Appeals did stay the injunction on February 5, and the regulations immediately went back into effect. The case is on appeal to the Ninth Circuit, which has held oral arguments on December 4.

May v Bonta is a challenge to SB2 changes to CCW regulations. SB2 made much of the state into “sensitive places” where concealed carry of firearms would be illegal, even with a CCW permit. The training and application process to obtain and renew a CCW became for difficult and expensive. The trial court issued a preliminary injunction that prevented the new “sensitive places” regulations from being enforced. On December 24 (yes, Christmas Eve), 2023, a motions panel of the Ninth Circuit Court of Appeals stayed the lower court order and allowed the “sensitive places” rules from going into effect January 1. On January 6 the merits panel of the Ninth Circuit dissolved the stay; this reinstated the district court Preliminary Injunction declaring that the “sensitive places” part of SB2 unconstitutional. The “sensitive places” provisions of SB2 had not taken effect due to the district court’s preliminary injunction, although the other provisions are in effect while being challenged.

A hearing on May v Bonta, combined with two other cases regarding new CCW carry restrictions, was held April 11, 2024, in front of a three-judge panel of the Ninth Circuit. The panel issued an order affirming the District Court’s ruling in part and reversing it in part.

The ruling means that CCW holders may not concealed carry in the following places, in addition to previous sensitive locations:

  • Bars and Restaurants that serve alcohol
  • Playgrounds, Youth Centers, Parks, Athletic Areas and Athletic Facilities
  • Most real property under the control of the Department of Parks and Recreation or Department of Fish and Wildlife
  • Casinos and similar gambling establishments
  • Stadiums and Arenas
  • Public Libraries
  • Amusement Parks
  • Zoos and Museums
  • Parking areas connected to those places
  • Parking areas connected to other sensitive places listed in the statute.

It is interesting to note that the ruling allowed the regulations for private property in Hawaii but left the private property rule in California enjoined. In Hawaii a property owner or manager can give verbal or written permission to concealed carry, but the California language (which is enjoined and not in effect) requires a DOJ approved sign to be posted saying concealed carry is allowed on that property.

The CRPA, et al, filed an appeal for an En Banc review which was denied.

Further legal action will be taking place at the US District Court for the central district of California. This ruling deals with the Preliminary Injunction, the district court has not issued a final decision.

United States v Duarte

A three-judge panel of the Ninth Circuit Court of Appeals had ruled in May, 2023, that Mr. Duarte should not be denied second amendment rights even though he is a convicted felon. The charge was non-violent and did not demonstrate that he is a danger to others. The Ninth Circuit has voted to re-hear the case En Banc. This vacates the ruling of the three-judge panel, and the case will be completely tried over before an eleven-judge panel. Judge Lawrance Van Dyke wrote a dissenting opinion, saying that the court should have allowed the previous ruling to stand. He noted that none of the current Supreme Court Justices had served in the Ninth Circuit and noted that opposition to the Supreme Court precedents was common in second amendment cases heard by the Ninth Circuit.

Duncan v Bonta is the challenge to the “High-Capacity Magazine” ban, which Judge Roger Benitez found unconstitutional in 2017. In 2018 a three-judge panel of the Ninth Circuit Court of Appeals upheld Judge Benitez’s ruling. The Ninth Circuit, responding to a petition from the state, then vacated the ruling of the three-judge panel and reheard the case En Banc, meaning an eleven-judge panel. The En Banc ruling reversed Judge Benitez’s ruling. The case was appealed to the Supreme Court, which agreed to hear the case, vacated the Ninth Circuit ruling, and remanded the case back to the Ninth Circuit to reconsider the case in light of the Bruen decision. NYSRPA v Bruen is a Supreme Court decision that includes clear direction to inferior courts on how to handle second amendment cases. The Ninth Circuit in turn remanded the case back to Judge Benitez. Judge Benitez has again found the “High Capacity Magazine” ban unconstitutional, and issued an injunction against the state enforcing Penal Code Section 31320. Judge Benitez stayed his order for ten days to allow the state to appeal back to the Ninth Circuit Court of Appeals, which the Attorney General did. The Ninth Circuit assigned the petition for a stay to the 11-judge panel that previously heard the case, rather than the normal process of sending it to a three-judge “motions panel”, and the 11-judge panel granted the stay on Judge Benitez’ ruling. A hearing on the merits by the same 11-judge “En Banc” panel was held March 19, 2024. We are waiting for a decision.

Jr. Shooting Sports Magazine v Bonta challenges the California ban on marketing or advertising firearms and firearm related products to youth. The district court denied the petition for a Preliminary Injunction against enforcing this. The denial was appealed to the Ninth Circuit Court of Appeals, where a three-judge panel ruled the district court erred in denial of an injunction. The state then petitioned for an En Banc review of the three-judge panel’s decision. On February 20, 2024, the petition for an En Banc review was denied, and the case was returned to the district court to reconsider the Preliminary Injunction. The district court has not yet acted. On December 30, 2024, a motion for an injunction until the matter is resolved was denied.

Boland V Bonta a challenge to the California Unsafe Handguns Act (AKA Pistol Roster) has been vacated and pended to Duncan v Bonta, which is the challenge to the “large capacity magazine” ban. Miller v Bonta, a challenge to the Assault Weapons Ban, had previously been pended to Duncan v Bonta. It appears the eleven judge En Banc panel will decide all three for the Ninth Circuit Court of Appeals.

A federal district court judge, the Honorable Josephine Staton of the Central District of California, has ruled the Assault Weapon Control Act constitutional and granted the state’s motion for summary judgement in Rupp v Bonta, which is a parallel case to Miller V Bonta. The judge held that the assault weapon ban did not infringe, because the second amendment only applies to “a well regulated militia.” This case had been previously decided by the district court, and that decision was upheld by the Ninth Circuit. It was on appeal to the Supreme Court at the time of the Bruen decision and was vacated and remanded back to the Ninth Circuit who remanded back to Judge Staton for reconsideration.

Richards v Bonta is a challenge to California’s ten-day waiting period. The Plaintiffs include the Firearms Policy Coalition, Second Amendment Foundation, California Gun Rights Foundation, San Diego County Gun Owners PAC, and several named individuals. The plaintiffs filed a motion for summary judgement on July 28.

James v Mederos challenging the 11% excise tax on firearms and ammunition is still awaiting trial in the Superior Court.

 

Respectfully submitted,

David Smith

May 2025 Legislation/Litigation Report

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May 2025 Legislation/Litigation Update

May Focus

AB 1187, as introduced, Celeste Rodriguez. Firearms: safety certificates.

Existing law requires any person who purchases or receives a firearm to possess a firearm safety certificate. Existing law also prohibits a person from selling or transferring a firearm to any person who does not possess a firearm safety certificate. A violation of either of these provisions is punishable as a misdemeanor. Existing law requires a personal firearm importer, within 60 days of bringing any firearm into this state, to, among other things, submit a report including information concerning that individual and a description of the firearm in question to the Department of Justice.

This bill would also require that personal firearm importers obtain a valid firearm safety certificate and include a copy of the valid firearm safety certificate within the report. The bill would make it a misdemeanor for that personal firearm importer to bring a firearm into this state without obtaining a valid firearm safety certificate within 60 days, except as specified. By expanding the scope of a crime, this bill would impose a state-mandated local program.

Existing law requires an applicant for a firearm safety certificate to pass a test developed by the Department of Justice covering specified subjects, including, among others, the laws applicable to carrying and handling firearms and the responsibilities of ownership of firearms.

This bill would require any applicant for a firearm safety certificate, on or after July 1, 2027, to complete a training course no less than 8 hours in length that, among other things, includes instruction on firearm safety and handling and live-fire shooting exercises on a firing range. The bill would require the Department of Justice to promulgate regulations and provide additional information for the implementation of this subdivision.

AB1187 Text: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB1187

AB 1127, as introduced, Gabriel. Firearms: converter attachments.

Existing law prohibits any person from selling, leasing, or transferring any firearm unless the person is licensed as a firearms dealer, as specified. Existing law prescribes certain requirements and prohibitions for licensed firearms dealers. A violation of any of these requirements or prohibitions is grounds for forfeiture of a firearms dealer’s license. For purposes of these provisions, existing law defines “machinegun” to mean, among other definitions, any weapon that shoots or is designed to shoot automatically more than one shot, without manual reloading, by a single function of the trigger.

This bill would prohibit a licensed firearms dealer to sell, offer for sale, exchange, give, transfer, or deliver any semiautomatic convertible pistol, except as specified. For these purposes, the bill would define “convertible pistol” as any semiautomatic pistol that can be converted into a machinegun solely by the installation or attachment of a pistol converter and “pistol converter” as any device or instrument that when installed in or attached to the slide of a semiautomatic pistol interferes with the trigger mechanism and thereby enables the pistol to discharge a number of shots or bullets rapidly or automatically with one continuous pull of the trigger. The bill would make a violation of these provisions punishable by a fine, a 2nd violation punishable by a fine that may result in a revocation of the dealer’s license, and a 3rd violation punishable as a misdemeanor that shall result in the revocation of the dealer’s license.

Existing law prohibits the manufacture, sale, possession, or transportation of a machinegun, except as authorized. A violation of these prohibitions is punishable as a felony.

This bill would expand the above definition of “machinegun” to include any convertible pistol equipped with a pistol converter and, thus, prohibit the manufacture, sale, possession, or transportation of a convertible pistol equipped with a pistol converter.

 

Legislation

US Congress:

A number of bills have been introduced in the United States Congress. I will update individual bills as, and if, they advance beyond the house where they are introduced.

California Legislature:

AB 1333, as introduced, Zbur. Crimes: homicide.

Existing law defines homicide as the unlawful killing of a human being, or a fetus, with or without malice aforethought, as specified. Existing law establishes certain circumstances in which homicide is justifiable, as specified.

Existing law makes homicide justifiable when attempting to lawfully suppress a riot or to keep the peace, as specified.

This bill would eliminate that provision. The bill would also specify certain circumstances in which homicide is not justifiable, including when a person was outside their habitation or property and did not retreat when they could have safely done so, when a person used more force than a reasonable person would to defend against a danger, and when the person was the initial aggressor. However, the bill would specify that homicide is justifiable if the initial aggressor actually and in good faith tried to stop fighting and indicated they wanted to and tried to stop fighting, as specified, or, in cases of mutual combat, the initial aggressor gave the opponent an opportunity to stop fighting.

.NOTE: Review this bill here: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB1333

SB 15, as introduced, Blakespear. Firearms.

Existing law requires the Department of Justice to conduct inspections of certain firearm dealers every 3 years in order to ensure compliance with specified requirements. Existing law requires inspections to include a sampling of between 25% and 50% of dealer records of each type. Existing law authorizes the department to assess a fee, up to $115, in order to cover various costs, including the costs of inspections.

This bill would instead require the department’s sampling of dealer records to include at least 25% of each record type. The bill would also authorize the department to periodically increase the inspection fee, as specified.

The bill would require the department to annually inspect the 10 firearm dealer locations, as specified, with the highest percentage of total sales that were recovered by law enforcement and found to be illegally possessed, used in a crime, or suspected to have been used in a crime. The bill would require the department to conduct the inspections within 12 months of the release of its annual report unless the dealer location has been inspected within 6 months prior to the release of the report.

Existing law directs law enforcement agencies to submit the description of a firearm that has been reported stolen, lost, found, recovered, or under observation directly to an automated Department of Justice system. Existing law requires these law enforcement agencies to report to the department any information in their possession necessary to identify and trace the history of a recovered firearm that is illegally possessed, has been used in a crime, or is suspected of having been used in a crime. Existing law requires the department to analyze this data and to submit an annual report to the Legislature summarizing this analysis, as specified.

The bill would also require firearm dealers, commencing January 1, 2028, to maintain inventory records, as specified, at their place of business in a manner prescribed by the department. The bill would additionally require firearm dealers to produce an affidavit, under penalty of perjury, certifying the accuracy of all records, upon request. By expanding the crime of perjury, this bill would impose a state-mandated local program.

Existing law requires the department to keep a centralized list of all persons who meet the specified requirements of a dealer, licensee, or person licensed, except as specified. Existing law requires the department to remove various persons from this list, including those whose federal firearms license has expired or has been revoked.

The bill would additionally authorize the department to remove a person from the centralized list who has failed to comply with licensing requirements or who, among other things, failed to allow the department to conduct an inspection or failed to maintain accurate business hours with the department. The bill would make a violation of these provisions punishable by a fine and render a person ineligible for placement on the centralized list for 2 years from the date of removal from the list.

AB 256, as introduced, DeMaio. Crimes involving firearms.

Existing law establishes that the state has a compelling interest in protecting its citizens from crimes involving firearms. Existing law generally regulates the manufacture, distribution, transportation, and importation of specified firearms.

This bill would state the intent of the Legislature to enact legislation relating to crimes involving firearms.

SB 320, as introduced, Limón. Firearms: California Do Not Sell List.

Existing law makes possession of a firearm by certain classes of persons, including a convicted felon, a person convicted of specified misdemeanors, a person that has been found mentally incompetent to stand trial, a person that has been found not guilty of specified crimes by reason of insanity, or a person that has been placed under conservatorship, a crime. Existing law additionally makes it a crime to sell or give possession of a firearm to these classes of persons prohibited from owning a firearm. Existing law generally makes a violation of the Penal Code a misdemeanor.

Existing law requires the Department of Justice, upon submission of firearm purchaser information by a licensed firearm dealer, to examine its records to determine whether a potential firearm purchaser is prohibited by state of federal law from possessing, receiving, owning, or purchasing a firearm. Existing law requires the department to participate in the National Instant Criminal Background Check System.

This bill would require the Department of Justice to develop and launch a system to allow a person who resides in California to voluntarily add their own name to, and subsequently remove their own name from, the California Do Not Sell List, with the purpose of preventing the sale or transfer of a firearm to the person who adds their name, as specified. The bill would allow a person to add their name to the list by submitting specified information to a sheriff or municipal police department, and would require that sheriff or municipal police department to verify the information and send it to the Department of Justice. By imposing additional duties on local law enforcement, this bill would impose a state-mandated local program. The bill would require the department to ensure that information on the list is uploaded and reflected in the National Instant Criminal Background Check System. This bill would allow a person, after a specified period of time, to request removal from the list. The bill would make a person’s inclusion or removal from the list confidential, except for disclosure to a law enforcement officer acting in the performance of their duties, and would authorize a person whose confidentiality is violated to bring a private civil action for appropriate relief, as specified. The bill would prohibit requiring a person to voluntarily waive their firearm rights as a condition of employment or of receiving any benefits or services. By creating a new prohibition, this bill would create a new crime and therefore impose a state-mandated local program.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

AB 383, as introduced, Davies. Firearms: prohibition: minors.

Existing law prohibits a juvenile who is adjudged a ward of the juvenile court due to the commission of specified serious or violent offenses from subsequently owning or possessing a firearm until they are 30 years of age. A violation of this prohibition is punishable as a misdemeanor or as a felony.

Existing law also prohibits certain others persons, including a person who is convicted of a felony offense, from owning a firearm or ammunition. Existing law requires a person subject to those orders to relinquish any firearms or ammunition they own and specifies the procedures to be used to relinquish those firearms or ammunition. Those procedures, among other things, require the court to provide specific instructions to the defendant and to assign the matter to a probation officer to investigate whether the defendant owns, possesses, or has under their custody or control any firearms, require a law enforcement agency to update the Automated Firearms System to reflect any firearms that were relinquished to the agency pursuant to these procedures, and require a defendant to timely file a completed Prohibited Persons Relinquishment Form. Existing law makes it an infraction for a defendant to fail to timely file that form.

This bill would expand the prohibition on juveniles subsequently owning or possessing firearms until 30 years of age by making that prohibition applicable to juveniles who are adjudged a ward of the juvenile court due to the commission of certain offenses relating to the possession of firearms or ammunition by a minor. The bill would also make those procedures to relinquish firearms or ammunition applicable to a juvenile who is prohibited from owning or possessing a firearm until they are 30 years of age. By expanding the scope of a crime and expanding the duties of local probation departments and law enforcement agencies, this bill would impose a state-mandated local program.

Existing law allows a search warrant to be issued upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched. Existing law also specifies the grounds upon which a search warrant may be issued, including, among other grounds, that the property or things to be seized include a firearm that is owned by, or in the possession of, or in the custody or control of, a person prohibited from owning that firearm due to a domestic violence restraining order, as specified.

This bill would additionally allow a search warrant to be issued when the property or things to be seized include a firearm that is owned by, or in the possession of, or in the custody or control of, a juvenile who is subject to the prohibition on owning or possessing a firearm until they are 30 years of age when the court has made a finding that the person has failed to relinquish the firearm as required by law.

SB 397, as introduced, Jones. Firearms.

Existing law generally regulates deadly weapons, including firearms, and defines the term “firearm” for this purpose.

This bill would make a technical, nonsubstantive change to those provisions.

AB 584, as introduced, Hadwick. Firearms dealers and manufacturers: secure facilities.

Existing law defines a secure facility, for purposes of requirements for firearms dealers to store firearms when the dealer is not open for business, as a building that, among other requirements, has perimeter doorways with specified characteristics, including that the doorway is a windowless or windowed steel security door equipped with both a dead bolt and a doorknob lock, as specified, or a metal grate that is padlocked and affixed to the licensee’s premises, as specified. Existing law defines a secure facility, for purposes of requirements for firearms manufacturers to store manufactured firearms and barrels, as a facility that has perimeter doorways with additional specified characteristics, including that the doorway has hinges and hasps attached to doors by welding, riveting, or bolting with nuts on the inside of the door or that are installed so that they cannot be removed when the doors are closed and locked.

Under existing law, failure to comply with these requirements is grounds for the forfeiture or revocation of a license or the imposition of a civil fine, as specified.

This bill would expand the definition of a secure facility for the entities described above to allow a doorway with a windowed or windowless steel door that is equipped with panic hardware that operates a multipoint lock that bolts into the interior frame of the door, as specified.

SB 704, as introduced, Arreguín. Firearms: ammunition sales.

Existing law, as amended by the Safety for All Act of 2016, an initiative statute approved by the voters as Proposition 63 at the November 8, 2016, statewide general election, requires the sale of ammunition to be conducted by or processed through a licensed ammunition vendor. Existing law exempts from that requirement the sale, delivery, or transfer of ammunition to specified individuals, including a sworn peace officer or sworn federal law enforcement officer who is authorized to carry a firearm in the course and scope of the officer’s duties. A violation of this provision is a misdemeanor. Proposition 63 allows its provisions to be amended by a vote of 55% of the Legislature so long as the amendments are consistent with and further the intent of the act.

This bill would make technical, nonsubstantive changes to those provisions.

AB 879, as introduced, Patterson. Firearms: unsafe handguns.

Existing law makes it a crime, punishable by not more than one year in county jail, to manufacture or cause to be manufactured, import into the state for sale, keep for sale, offer or expose for sale, give, or lend an unsafe handgun. Existing law establishes certain exemptions to this prohibition, including, among others, exemptions for sales to specified law enforcement agencies and other specified government agencies for use by specified employees and sales to specified peace officers.

This bill would make technical, nonsubstantive changes to those provisions.

AB 1006, as introduced, Ramos. Firearms: concealed carry.

Existing law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. Existing law requires a licensing authority to issue or renew a license if specified conditions are met, including, among others, that the applicant is not a disqualified person for the license, as specified, and the applicant has completed a specified course of training.

This bill would make a technical, nonsubstantive change to these provisions.

AB 1078, as introduced, Berman. Firearms.

Existing law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. Existing law authorizes a licensing authority, as specified, if certain requirements and other criteria are met, including, among other things, the applicant has completed a specified course of training, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified. Existing law requires a licensing authority to conduct an investigation to determine whether an applicant can receive or renew a license that includes, among other things, a review of all information provided in the application for a license, and a review of the information in the California Restraining and Protective Order System. Existing law prohibits the licensing authority from issuing a license if, among other things, the applicant has been convicted of contempt of court or has been subject to a restraining order, protective order, or other type of court order, unless that order expired or was vacated or otherwise canceled more than 5 years prior to receipt of the completed application.

This bill would require the review of the California Restraining and Protective Order System to include information concerning whether the applicant is reasonably likely to be a danger to self, others, or the community at large, as specified. By imposing new duties on local licensing authorities, this bill would create a state-mandated local program.

The bill would additionally exempt from the licensure prohibition for applicants previously subject to a restraining order, protective order, or other type of court order, applicants who were previously subject to an above-described order that did not receive notice and an opportunity to be heard before the order was issued.

AB 1092, as introduced, Castillo. Firearms: concealed carry licenses.

Existing law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. Existing law requires a licensing authority to issue or renew a license to carry a firearm capable of being concealed if specified conditions are met, including, among others, that the applicant is not a disqualified person for the license, as specified, and the applicant has completed a specified course of training. Existing law makes a new or renewal license that is issued to be valid for a period of time not to exceed 2 years from the date of the license, except as otherwise provided.

This bill would extend the duration of those licenses to 4 years from the date of the license. The bill would make conforming changes.

AB 1316, as introduced, Addis. Hunting licenses: information on firearms.

Under existing law, a hunting license grants the privilege to take birds and mammals. Existing law requires the Department of Fish and Wildlife to issue an annual hunting license upon payment of a specified fee that varies in amount depending on the age and residency of the applicant. Under existing law, an annual hunting license is valid for a term of one year beginning on July 1 or for the remainder of the term if issued after July 1. Existing law also requires the department to issue a lifetime hunting license to a resident of the state upon payment of a specified fee that varies in amount depending on the age of the person.

This bill would require the department, beginning July 1, 2027, to ensure that every person who purchases a hunting license receives, at minimum, information on certain topics related to firearms, including the safe storage of firearms, liability for parents and guardians who should have known their child could access a firearm at home, basic California firearm laws, and how to legally transfer or relinquish a firearm. The bill would authorize the department, in cooperation with the Department of Justice, to promulgate regulations regarding the implementation of this requirement, and to include additional information to be provided with a hunting license.

 

 

Litigation

Snope v Brown

This challenge to the Maryland ban of assault weapons and high-capacity magazines has been distributed for conference and repeatedly relisted without action.

Rhode v Bonta challenges the ammunition background check and importation rules. The district court, Judge Benitez of the Southern District of California, ruled on January 30 that these regulations are unconstitutional and issued a permanent injunction against the state enforcing them. Judge Benitez did not stay his ruling, and there was a brief period when ammunition could be ordered from out of state and shipped straight to the consumer. The Ninth Circuit Court of Appeals did stay the injunction on February 5, and the regulations immediately went back into effect. The case is on appeal to the Ninth Circuit, which has held oral arguments on December 4.

B&L Productions v Newsom

In a combined case dealing with gun shows on state property, including fairgrounds, the Ninth Circuit Court of Appeals has lifted the injunction that allowed gun shows to continue on state property until the case is finally resolved. Even though the state did not oppose a motion to stay the ruling pending appeal, the court declined to stay the order and vacated the existing injunction. This action effectively ends gun shows on state property, including most fairgrounds. The order also says that costs are awarded to the state in both cases.

CRPA filed an emergency application to the Supreme Court to protect the injunction but the court denied certiorari.

May v Bonta is a challenge to SB2 changes to CCW regulations. SB2 made much of the state into “sensitive places” where concealed carry of firearms would be illegal, even with a CCW permit. The training and application process to obtain and renew a CCW became for difficult and expensive. The trial court issued a preliminary injunction that prevented the new “sensitive places” regulations from being enforced. On December 24 (yes, Christmas Eve), 2023, a motions panel of the Ninth Circuit Court of Appeals stayed the lower court order and allowed the “sensitive places” rules from going into effect January 1. On January 6 the merits panel of the Ninth Circuit dissolved the stay; this reinstated the district court Preliminary Injunction declaring that the “sensitive places” part of SB2 unconstitutional. The “sensitive places” provisions of SB2 had not taken effect due to the district court’s preliminary injunction, although the other provisions are in effect while being challenged.

A hearing on May v Bonta, combined with two other cases regarding new CCW carry restrictions, was held April 11, 2024, in front of a three-judge panel of the Ninth Circuit. The panel issued an order affirming the District Court’s ruling in part and reversing it in part.

The ruling means that CCW holders may not concealed carry in the following places, in addition to previous sensitive locations:

  • Bars and Restaurants that serve alcohol
  • Playgrounds, Youth Centers, Parks, Athletic Areas and Athletic Facilities
  • Most real property under the control of the Department of Parks and Recreation or Department of Fish and Wildlife
  • Casinos and similar gambling establishments
  • Stadiums and Arenas
  • Public Libraries
  • Amusement Parks
  • Zoos and Museums
  • Parking areas connected to those places
  • Parking areas connected to other sensitive places listed in the statute.

It is interesting to note that the ruling allowed the regulations for private property in Hawaii but left the private property rule in California enjoined. In Hawaii a property owner or manager can give verbal or written permission to concealed carry, but the California language (which is enjoined and not in effect) requires a DOJ approved sign to be posted saying concealed carry is allowed on that property.

The CRPA, et al, filed an appeal for an En Banc review which was denied.

Further legal action will be taking place at the US District Court for the central district of California. This ruling deals with the Preliminary Injunction, the district court has not issued a final decision.

Smith & Wesson Brands v Estado Unidos Mexicanos

The government of Mexico filed a 10 billion Dollar lawsuit seeking to hold U.S. gun manufacturers liable for violence involving firearms in Mexico. The U.S. district court judge dismissed the case based on the Protection of Lawful Commerce in Arms Act. This law prevents gun manufacturers, distributers, and dealers from being liable for the use of their products in crimes.

The First Circuit Court of Appeals reinstated the case. The Attorneys General of 16 states (including California) and the District of Columbia have filed an Amicus Curae brief supporting Mexico. The Supreme Court heard oral arguments and we are awaiting an answer.

United States v Duarte

A three-judge panel of the Ninth Circuit Court of Appeals had ruled in May, 2023, that Mr. Duarte should not be denied second amendment rights even though he is a convicted felon. The charge was non-violent and did not demonstrate that he is a danger to others. The Ninth Circuit has voted to re-hear the case En Banc. This vacates the ruling of the three-judge panel, and the case will be completely tried over before an eleven-judge panel. Judge Lawrance Van Dyke wrote a dissenting opinion, saying that the court should have allowed the previous ruling to stand. He noted that none of the current Supreme Court Justices had served in the Ninth Circuit and noted that opposition to the Supreme Court precedents was common in second amendment cases heard by the Ninth Circuit.

Duncan v Bonta is the challenge to the “High-Capacity Magazine” ban, which Judge Roger Benitez found unconstitutional in 2017. In 2018 a three-judge panel of the Ninth Circuit Court of Appeals upheld Judge Benitez’s ruling. The Ninth Circuit, responding to a petition from the state, then vacated the ruling of the three-judge panel and reheard the case En Banc, meaning an eleven-judge panel. The En Banc ruling reversed Judge Benitez’s ruling. The case was appealed to the Supreme Court, which agreed to hear the case, vacated the Ninth Circuit ruling, and remanded the case back to the Ninth Circuit to reconsider the case in light of the Bruen decision. NYSRPA v Bruen is a Supreme Court decision that includes clear direction to inferior courts on how to handle second amendment cases. The Ninth Circuit in turn remanded the case back to Judge Benitez. Judge Benitez has again found the “High Capacity Magazine” ban unconstitutional, and issued an injunction against the state enforcing Penal Code Section 31320. Judge Benitez stayed his order for ten days to allow the state to appeal back to the Ninth Circuit Court of Appeals, which the Attorney General did. The Ninth Circuit assigned the petition for a stay to the 11-judge panel that previously heard the case, rather than the normal process of sending it to a three-judge “motions panel”, and the 11-judge panel granted the stay on Judge Benitez’ ruling. A hearing on the merits by the same 11-judge “En Banc” panel was held March 19, 2024. We are waiting for a decision.

Jr. Shooting Sports Magazine v Bonta challenges the California ban on marketing or advertising firearms and firearm related products to youth. The district court denied the petition for a Preliminary Injunction against enforcing this. The denial was appealed to the Ninth Circuit Court of Appeals, where a three-judge panel ruled the district court erred in denial of an injunction. The state then petitioned for an En Banc review of the three-judge panel’s decision. On February 20, 2024, the petition for an En Banc review was denied, and the case was returned to the district court to reconsider the Preliminary Injunction. The district court has not yet acted. On December 30, 2024, a motion for an injunction until the matter is resolved was denied.

Boland V Bonta a challenge to the California Unsafe Handguns Act (AKA Pistol Roster) has been vacated and pended to Duncan v Bonta, which is the challenge to the “large capacity magazine” ban. Miller v Bonta, a challenge to the Assault Weapons Ban, had previously been pended to Duncan v Bonta. It appears the eleven judge En Banc panel will decide all three for the Ninth Circuit Court of Appeals.

A federal district court judge, the Honorable Josephine Staton of the Central District of California, has ruled the Assault Weapon Control Act constitutional and granted the state’s motion for summary judgement in Rupp v Bonta, which is a parallel case to Miller V Bonta. The judge held that the assault weapon ban did not infringe, because the second amendment only applies to “a well regulated militia.” This case had been previously decided by the district court, and that decision was upheld by the Ninth Circuit. It was on appeal to the Supreme Court at the time of the Bruen decision and was vacated and remanded back to the Ninth Circuit who remanded back to Judge Staton for reconsideration.

Richards v Bonta is a challenge to California’s ten-day waiting period. The Plaintiffs include the Firearms Policy Coalition, Second Amendment Foundation, California Gun Rights Foundation, San Diego County Gun Owners PAC, and several named individuals. The plaintiffs filed a motion for summary judgement on July 28.

James v Mederos challenging the 11% excise tax on firearms and ammunition is still awaiting trial in the Superior Court.

 

Respectfully submitted,

David Smith

April 2025 Legislation/Litigation Report

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April 2025 Legislation/Litigation Update

April Focus

AB 1187, as introduced, Celeste Rodriguez. Firearms: safety certificates.

Existing law requires any person who purchases or receives a firearm to possess a firearm safety certificate. Existing law also prohibits a person from selling or transferring a firearm to any person who does not possess a firearm safety certificate. A violation of either of these provisions is punishable as a misdemeanor. Existing law requires a personal firearm importer, within 60 days of bringing any firearm into this state, to, among other things, submit a report including information concerning that individual and a description of the firearm in question to the Department of Justice.

This bill would also require that personal firearm importer to obtain a valid firearm safety certificate and include a copy of the valid firearm safety certificate within the report. The bill would make it a misdemeanor for that personal firearm importer to bring a firearm into this state without obtaining a valid firearm safety certificate within 60 days, except as specified. By expanding the scope of a crime, this bill would impose a state-mandated local program.

Existing law requires an applicant for a firearm safety certificate to pass a test developed by the Department of Justice covering specified subjects, including, among others, the laws applicable to carrying and handling firearms and the responsibilities of ownership of firearms.

This bill would require any applicant for a firearm safety certificate, on or after July 1, 2027, to complete a training course no less than 8 hours in length that, among other things, includes instruction on firearm safety and handling and live-fire shooting exercises on a firing range. The bill would require the Department of Justice to promulgate regulations and provide additional information for the implementation of this subdivision.

AB1187 Text: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB1187 AB 1127, as introduced, Gabriel. Firearms: converter attachments.

Existing law prohibits any person from selling, leasing, or transferring any firearm unless the person is licensed as a firearms dealer, as specified. Existing law prescribes certain requirements and prohibitions for licensed firearms dealers. A violation of any of these requirements or prohibitions is grounds for forfeiture of a firearms dealer’s license. For purposes of these provisions, existing law defines “machinegun” to mean, among other definitions, any weapon that shoots or is designed to shoot automatically more than one shot, without manual reloading, by a single function of the trigger.

This bill would prohibit a licensed firearms dealer to sell, offer for sale, exchange, give, transfer, or deliver any semiautomatic convertible pistol, except as specified. For these purposes, the bill would define “convertible pistol” as any semiautomatic pistol that can be converted into a machinegun solely by the installation or attachment of a pistol converter and

“pistol converter” as any device or instrument that when installed in or attached to the slide of a semiautomatic pistol interferes with the trigger mechanism and thereby enables the pistol to discharge a number of shots or bullets rapidly or automatically with one continuous pull of the trigger. The bill would make a violation of these provisions punishable by a fine, a 2nd violation punishable by a fine that may result in a revocation of the dealer’s license, and a 3rd violation punishable as a misdemeanor that shall result in the revocation of the dealer’s license.

Existing law prohibits the manufacture, sale, possession, or transportation of a machinegun, except as authorized. A violation of these prohibitions is punishable as a felony.

This bill would expand the above definition of “machinegun” to include any convertible pistol equipped with a pistol converter and, thus, prohibit the manufacture, sale, possession, or transportation of a convertible pistol equipped with a pistol converter.

 

Legislation

US Congress:

A number of bills have been introduced in the United States Congress. I will update individual bills as, and if, they advance beyond the house where they are introduced.

California Legislature:

AB 1333, as introduced, Zbur. Crimes: homicide.

Existing law defines homicide as the unlawful killing of a human being, or a fetus, with or without malice aforethought, as specified. Existing law establishes certain circumstances in which homicide is justifiable, as specified.

This bill would eliminate certain circumstances under which homicide is justifiable, including, among others, in defense of a habitation or property. The bill would additionally clarify circumstances in which homicide is not justifiable, including, among others, when a person uses more force than necessary to defend against a danger.

Existing law makes homicide justifiable when attempting to lawfully suppress a riot or to keep the peace, as specified.

This bill would eliminate that provision. The bill would also specify certain circumstances in which homicide is not justifiable, including when a person was outside their habitation or property and did not retreat when they could have safely done so, when a person used more force than a reasonable person would to defend against a danger, and when the person was the initial aggressor. However, the bill would specify that homicide is justifiable if the initial aggressor actually and in good faith tried to stop fighting and indicated they wanted to and tried to stop fighting, as specified, or, in cases of mutual combat, the initial aggressor gave the opponent an opportunity to stop fighting.

.NOTE: Review this bill here: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB1333 SB 15, as introduced, Blakespear. Firearms.

Existing law requires the Department of Justice to conduct inspections of certain firearm dealers every 3 years in order to ensure compliance with specified requirements. Existing law requires inspections to include a sampling of between 25% and 50% of dealer records of each type. Existing law authorizes the department to assess a fee, up to $115, in order to cover various costs, including the costs of inspections.

This bill would instead require the department’s sampling of dealer records to include at least 25% of each record type. The bill would also authorize the department to periodically increase the inspection fee, as specified.

The bill would require the department to annually inspect the 10 firearm dealer locations, as specified, with the highest percentage of total sales that were recovered by law enforcement and found to be illegally possessed, used in a crime, or suspected to have been used in a crime. The bill would require the department to conduct the inspections within 12 months of the release of its annual report unless the dealer location has been inspected within 6 months prior to the release of the report.

Existing law directs law enforcement agencies to submit the description of a firearm that has been reported stolen, lost, found, recovered, or under observation directly to an automated Department of Justice system. Existing law requires these law enforcement agencies to report to the department any information in their possession necessary to identify and trace the history of a recovered firearm that is illegally possessed, has been used in a crime, or is suspected of having been used in a crime. Existing law requires the department to analyze this data and to submit an annual report to the Legislature summarizing this analysis, as specified.

The bill would also require firearm dealers, commencing January 1, 2028, to maintain inventory records, as specified, at their place of business in a manner prescribed by the department. The bill would additionally require firearm dealers to produce an affidavit, under penalty of perjury, certifying the accuracy of all records, upon request. By expanding the crime of perjury, this bill would impose a state-mandated local program.

Existing law requires the department to keep a centralized list of all persons who meet the specified requirements of a dealer, licensee, or person licensed, except as specified. Existing law requires the department to remove various persons from this list, including those whose federal firearms license has expired or has been revoked.

The bill would additionally authorize the department to remove a person from the centralized list who has failed to comply with licensing requirements or who, among other things, failed to allow the department to conduct an inspection or failed to maintain accurate business hours with the department. The bill would make a violation of these provisions punishable by a fine and render a person ineligible for placement on the centralized list for 2 years from the date of removal from the list.

AB 256, as introduced, DeMaio. Crimes involving firearms.

Existing law establishes that the state has a compelling interest in protecting its citizens from crimes involving firearms. Existing law generally regulates the manufacture, distribution, transportation, and importation of specified firearms.

This bill would state the intent of the Legislature to enact legislation relating to crimes involving firearms.

SB 320, as introduced, Limón. Firearms: California Do Not Sell List.

Existing law makes possession of a firearm by certain classes of persons, including a convicted felon, a person convicted of specified misdemeanors, a person that has been found mentally incompetent to stand trial, a person that has been found not guilty of specified crimes by reason of insanity, or a person that has been placed under conservatorship, a crime. Existing law additionally makes it a crime to sell or give possession of a firearm to these classes of persons prohibited from owning a firearm. Existing law generally makes a violation of the Penal Code a misdemeanor.

Existing law requires the Department of Justice, upon submission of firearm purchaser information by a licensed firearm dealer, to examine its records to determine whether a potential firearm purchaser is prohibited by state of federal law from possessing, receiving, owning, or purchasing a firearm. Existing law requires the department to participate in the National Instant Criminal Background Check System.

This bill would require the Department of Justice to develop and launch a system to allow a

person who resides in California to voluntarily add their own name to, and subsequently remove their own name from, the California Do Not Sell List, with the purpose of preventing the sale or transfer of a firearm to the person who adds their name, as specified. The bill would allow a person to add their name to the list by submitting specified information to a sheriff or municipal police department, and would require that sheriff or municipal police department to verify the information and send it to the Department of Justice. By imposing additional duties on local law enforcement, this bill would impose a state-mandated local program. The bill would require the department to ensure that information on the list is uploaded and reflected in the National Instant Criminal Background Check System. This bill would allow a person, after a specified period of time, to request removal from the list. The bill would make a person’s inclusion or removal from the list confidential, except for disclosure to a law enforcement officer acting in the performance of their duties, and would authorize a person whose confidentiality is violated to bring a private civil action for appropriate relief, as specified. The bill would prohibit requiring a person to voluntarily waive their firearm rights as a condition of employment or of receiving any benefits or services. By creating a new prohibition, this bill would create a new crime and therefore impose a state-mandated local program.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

AB 383, as introduced, Davies. Firearms: prohibition: minors.

Existing law prohibits a juvenile who is adjudged a ward of the juvenile court due to the commission of specified serious or violent offenses from subsequently owning or possessing a firearm until they are 30 years of age. A violation of this prohibition is punishable as a misdemeanor or as a felony.

Existing law also prohibits certain others persons, including a person who is convicted of a

felony offense, from owning a firearm or ammunition. Existing law requires a person subject to those orders to relinquish any firearms or ammunition they own and specifies the procedures to be used to relinquish those firearms or ammunition. Those procedures, among other things, require the court to provide specific instructions to the defendant and to assign the matter to a probation officer to investigate whether the defendant owns, possesses, or has under their custody or control any firearms, require a law enforcement agency to update the Automated Firearms System to reflect any firearms that were relinquished to the agency pursuant to these procedures, and require a defendant to timely file a completed Prohibited Persons Relinquishment Form. Existing law makes it an infraction for a defendant to fail to timely file that form.

This bill would expand the prohibition on juveniles subsequently owning or possessing firearms until 30 years of age by making that prohibition applicable to juveniles who are adjudged a ward of the juvenile court due to the commission of certain offenses relating to the possession of firearms or ammunition by a minor. The bill would also make those procedures to relinquish firearms or ammunition applicable to a juvenile who is prohibited from owning or possessing a firearm until they are 30 years of age. By expanding the scope of a crime and expanding the duties of local probation departments and law enforcement agencies, this bill would impose a state-mandated local program.

Existing law allows a search warrant to be issued upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched. Existing law also specifies the grounds upon which a search warrant may be issued, including, among other grounds, that the property or things to be seized include a firearm that is owned by, or in the possession of, or in the custody or control of, a person prohibited from owning that firearm due to a domestic violence restraining order, as specified.

This bill would additionally allow a search warrant to be issued when the property or things to be seized include a firearm that is owned by, or in the possession of, or in the custody or control of, a juvenile who is subject to the prohibition on owning or possessing a firearm until they are 30 years of age when the court has made a finding that the person has failed to relinquish the firearm as required by law.

SB 397, as introduced, Jones. Firearms.

Existing law generally regulates deadly weapons, including firearms, and defines the term “firearm” for this purpose.

This bill would make a technical, nonsubstantive change to those provisions.

AB 584, as introduced, Hadwick. Firearms dealers and manufacturers: secure facilities.

Existing law defines a secure facility, for purposes of requirements for firearms dealers to store firearms when the dealer is not open for business, as a building that, among other requirements, has perimeter doorways with specified characteristics, including that the doorway is a windowless or windowed steel security door equipped with both a dead bolt and a doorknob lock, as specified, or a metal grate that is padlocked and affixed to the licensee’s premises, as specified. Existing law defines a secure facility, for purposes of requirements for firearms manufacturers to store manufactured firearms and barrels, as a facility that has perimeter doorways with additional specified characteristics, including that the doorway has hinges and hasps attached to doors by welding, riveting, or bolting with nuts on the inside of the door or that are installed so that they cannot be removed when the doors are closed and locked.

Under existing law, failure to comply with these requirements is grounds for the forfeiture or revocation of a license or the imposition of a civil fine, as specified.

This bill would expand the definition of a secure facility for the entities described above to allow a doorway with a windowed or windowless steel door that is equipped with panic hardware that operates a multipoint lock that bolts into the interior frame of the door, as specified.

SB 704, as introduced, Arreguín. Firearms: ammunition sales.

Existing law, as amended by the Safety for All Act of 2016, an initiative statute approved by the voters as Proposition 63 at the November 8, 2016, statewide general election, requires the sale of ammunition to be conducted by or processed through a licensed ammunition vendor. Existing law exempts from that requirement the sale, delivery, or transfer of ammunition to specified individuals, including a sworn peace officer or sworn federal law enforcement officer who is authorized to carry a firearm in the course and scope of the officer’s duties. A violation of this provision is a misdemeanor. Proposition 63 allows its provisions to be amended by a vote of 55% of the Legislature so long as the amendments are consistent with and further the intent of the act.

This bill would make technical, nonsubstantive changes to those provisions.

AB 879, as introduced, Patterson. Firearms: unsafe handguns.

Existing law makes it a crime, punishable by not more than one year in county jail, to manufacture or cause to be manufactured, import into the state for sale, keep for sale, offer or expose for sale, give, or lend an unsafe handgun. Existing law establishes certain exemptions to this prohibition, including, among others, exemptions for sales to specified law enforcement agencies and other specified government agencies for use by specified employees and sales to specified peace officers.

This bill would make technical, nonsubstantive changes to those provisions.

AB 1006, as introduced, Ramos. Firearms: concealed carry.

Existing law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. Existing law requires a licensing authority to issue or renew a license if specified conditions are met, including, among others, that the applicant is not a disqualified person for the license, as specified, and the applicant has completed a specified course of training.

This bill would make a technical, nonsubstantive change to these provisions.

AB 1078, as introduced, Berman. Firearms.

Existing law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. Existing law authorizes a licensing authority, as specified, if certain requirements and other criteria are met, including, among other things, the applicant has completed a specified course of training, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified. Existing law requires a licensing authority to conduct an investigation to determine whether an applicant can receive or renew a license that includes, among other things, a review of all information provided in the application for a license, and a review of the information in the California Restraining and Protective Order System. Existing law prohibits the licensing authority from issuing a license if, among other things, the applicant has been convicted of contempt of court or has been subject to a restraining order, protective order, or other type of court order, unless that order expired or was vacated or otherwise canceled more than 5 years prior to receipt of the completed application.

This bill would require the review of the California Restraining and Protective Order System to include information concerning whether the applicant is reasonably likely to be a danger to self, others, or the community at large, as specified. By imposing new duties on local licensing authorities, this bill would create a state-mandated local program.

The bill would additionally exempt from the licensure prohibition for applicants previously subject to a restraining order, protective order, or other type of court order, applicants who were previously subject to an above-described order that did not receive notice and an opportunity to be heard before the order was issued.

AB 1092, as introduced, Castillo. Firearms: concealed carry licenses.

Existing law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. Existing law requires a licensing authority to issue or renew a license to carry a firearm capable of being concealed if specified conditions are met, including, among others, that the applicant is not a disqualified person for the license, as specified, and the applicant has completed a specified course of training. Existing law makes a new or renewal license that is issued to be valid for a period of time not to exceed 2 years from the date of the license, except as otherwise provided.

This bill would extend the duration of those licenses to 4 years from the date of the license. The bill would make conforming changes.

AB 1316, as introduced, Addis. Hunting licenses: information on firearms.

Under existing law, a hunting license grants the privilege to take birds and mammals. Existing law requires the Department of Fish and Wildlife to issue an annual hunting license upon payment of a specified fee that varies in amount depending on the age and residency of the applicant. Under existing law, an annual hunting license is valid for a term of one year beginning on July 1 or for the remainder of the term if issued after July 1. Existing law also requires the department to issue a lifetime hunting license to a resident of the state upon payment of a specified fee that varies in amount depending on the age of the person.

This bill would require the department, beginning July 1, 2027, to ensure that every person who purchases a hunting license receives, at minimum, information on certain topics related to firearms, including the safe storage of firearms, liability for parents and guardians who should have known their child could access a firearm at home, basic California firearm laws, and how to legally transfer or relinquish a firearm. The bill would authorize the department, in cooperation with the Department of Justice, to promulgate regulations regarding the implementation of this requirement, and to include additional information to be provided with a hunting license.

 

 

LitigationSnope v Brown (formerly Bianchi v Brown)

This challenge to the Maryland ban of assault weapons and high-capacity magazines has been distributed for conference and repeatedly relisted without action.

Rhode v Bonta challenges the ammunition background check and importation rules. The district court, Judge Benitez of the Southern District of California, ruled on January 30 that these regulations are unconstitutional and issued a permanent injunction against the state enforcing them. Judge Benitez did not stay his ruling, and there was a brief period when ammunition could be ordered from out of state and shipped straight to the consumer. The Ninth Circuit Court of Appeals did stay the injunction on February 5, and the regulations immediately went back into effect. The case is on appeal to the Ninth Circuit, which has held oral arguments on December 4. B&L Productions v Newsom

In a combined case dealing with gun shows on state property, including fairgrounds, the Ninth Circuit Court of Appeals has lifted the injunction that allowed gun shows to continue on state property until the case is finally resolved. Even though the state did not oppose a motion to stay the ruling pending appeal, the court declined to stay the order and vacated the existing injunction. This action effectively ends gun shows on state property, including most fairgrounds. The order also says that costs are awarded to the state in both cases.

CRPA has filed an emergency application to the Supreme Court to protect the injunction in the interest of justice.

May v Bonta is a challenge to SB2 changes to CCW regulations. SB2 made much of the state into “sensitive places” where concealed carry of firearms would be illegal, even with a CCW permit. The training and application process to obtain and renew a CCW became for difficult and expensive. The trial court issued a preliminary injunction that prevented the new “sensitive places” regulations from being enforced. On December 24 (yes, Christmas Eve), 2023, a motions panel of the Ninth Circuit Court of Appeals stayed the lower court order and allowed the “sensitive places” rules from going into effect January 1. On January 6 the merits panel of the Ninth Circuit dissolved the stay; this reinstated the district court Preliminary Injunction declaring that the “sensitive places” part of SB2 unconstitutional. The “sensitive places” provisions of SB2 had not taken effect due to the district court’s preliminary injunction, although the other provisions are in effect while being challenged.

A hearing on May v Bonta, combined with two other cases regarding new CCW carry restrictions, was held April 11, 2024, in front of a three-judge panel of the Ninth Circuit. The panel issued an order affirming the District Court’s ruling in part and reversing it in part.

The ruling means that CCW holders may not concealed carry in the following places, in addition to previous sensitive locations:

  • Bars and Restaurants that serve alcohol
  • Playgrounds, Youth Centers, Parks, Athletic Areas and Athletic Facilities
  • Most real property under the control of the Department of Parks and Recreation or Department of Fish and Wildlife
  • Casinos and similar gambling establishments
  • Stadiums and Arenas
  • Public Libraries
  • Amusement Parks
  • Zoos and Museums
  • Parking areas connected to those places
  • Parking areas connected to other sensitive places listed in the statute.

It is interesting to note that the ruling allowed the regulations for private property in Hawaii but left the private property rule in California enjoined. In Hawaii a property owner or manager can give verbal or written permission to concealed carry, but the California language (which is enjoined and not in effect) requires a DOJ approved sign to be posted saying concealed carry is allowed on that property.

The CRPA, et al, filed an appeal for an En Banc review which was denied.

Further legal action will be taking place at the US District Court for the central district of California. This ruling deals with the Preliminary Injunction, the district court has not issued a final decision.

Smith & Wesson Brands v Estado Unidos Mexicanos

The government of Mexico filed a 10 billion Dollar lawsuit seeking to hold U.S. gun manufacturers liable for violence involving firearms in Mexico. The U.S. district court judge dismissed the case based on the Protection of Lawful Commerce in Arms Act. This law prevents gun manufacturers, distributers, and dealers from being liable for the use of their products in crimes.

The First Circuit Court of Appeals reinstated the case. The Attorneys General of 16 states (including California) and the District of Columbia have filed an Amicus Curae brief supporting Mexico. The Supreme Court heard oral arguments and we are awaiting an answer.

United States v Duarte

A three-judge panel of the Ninth Circuit Court of Appeals had ruled in May, 2023, that Mr.

Duarte should not be denied second amendment rights even though he is a convicted felon.

The charge was non-violent and did not demonstrate that he is a danger to others. The Ninth Circuit has voted to re-hear the case En Banc. This vacates the ruling of the three-judge panel, and the case will be completely tried over before an eleven-judge panel. Judge Lawrance Van Dyke wrote a dissenting opinion, saying that the court should have allowed the previous ruling to stand. He noted that none of the current Supreme Court Justices had served in the Ninth Circuit and noted that opposition to the Supreme Court precedents was common in second amendment cases heard by the Ninth Circuit.

Duncan v Bonta is the challenge to the “High-Capacity Magazine” ban, which Judge Roger Benitez found unconstitutional in 2017. In 2018 a three-judge panel of the Ninth Circuit Court of Appeals upheld Judge Benitez’s ruling. The Ninth Circuit, responding to a petition from the state, then vacated the ruling of the three-judge panel and reheard the case En Banc, meaning an eleven-judge panel. The En Banc ruling reversed Judge Benitez’s ruling. The case was appealed to the Supreme Court, which agreed to hear the case, vacated the Ninth Circuit ruling, and remanded the case back to the Ninth Circuit to reconsider the case in light of the Bruen decision. NYSRPA v Bruen is a Supreme Court decision that includes clear direction to inferior courts on how to handle second amendment cases. The Ninth Circuit in turn remanded the case back to Judge Benitez. Judge Benitez has again found the “High Capacity Magazine” ban unconstitutional, and issued an injunction against the state enforcing Penal Code Section 31320. Judge Benitez stayed his order for ten days to allow the state to appeal back to the Ninth Circuit Court of Appeals, which the Attorney General did. The Ninth Circuit assigned the petition for a stay to the 11-judge panel that previously heard the case, rather than the normal process of sending it to a three-judge “motions panel”, and the 11-judge panel granted the stay on Judge Benitez’ ruling. A hearing on the merits by the same 11-judge “En Banc” panel was held March 19, 2024. We are waiting for a decision.

Jr. Shooting Sports Magazine v Bonta challenges the California ban on marketing or advertising firearms and firearm related products to youth. The district court denied the petition for a Preliminary Injunction against enforcing this. The denial was appealed to the Ninth Circuit Court of Appeals, where a three-judge panel ruled the district court erred in denial of an injunction. The state then petitioned for an En Banc review of the three-judge panel’s decision. On February 20, 2024, the petition for an En Banc review was denied, and the case was returned to the district court to reconsider the Preliminary Injunction. The district court has not yet acted.

Boland V Bonta a challenge to the California Unsafe Handguns Act (AKA Pistol Roster) has been vacated and pended to Duncan v Bonta, which is the challenge to the “large capacity magazine” ban. Miller v Bonta, a challenge to the Assault Weapons Ban, had previously been pended to Duncan v Bonta. It appears the eleven judge En Banc panel will decide all three for the Ninth Circuit Court of Appeals.

A federal district court judge, the Honorable Josephine Staton of the Central District of California, has ruled the Assault Weapon Control Act constitutional and granted the state’s motion for summary judgement in Rupp v Bonta, which is a parallel case to Miller V Bonta. The judge held that the assault weapon ban did not infringe, because the second amendment only applies to “a well regulated militia.” This case had been previously decided by the district court, and that decision was upheld by the Ninth Circuit. It was on appeal to the Supreme Court at the time of the Bruen decision and was vacated and remanded back to the Ninth Circuit who remanded back to Judge Staton for reconsideration.

Richards v Bonta is a challenge to California’s ten-day waiting period. The Plaintiffs include the Firearms Policy Coalition, Second Amendment Foundation, California Gun Rights Foundation, San Diego County Gun Owners PAC, and several named individuals. The plaintiffs filed a motion for summary judgement on July 28.

James v Mederos challenging the 11% excise tax on firearms and ammunition is still awaiting trial in the Superior Court.

 

Respectfully submitted,

David Smith

March 2025 Legislation/Litigation Report

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March 2025 Legislation/Litigation Update

March Focus

AB 1187, as introduced, Celeste Rodriguez. Firearms: safety certificates.

Existing law requires any person who purchases or receives a firearm to possess a firearm safety certificate. Existing law also prohibits a person from selling or transferring a firearm to any person who does not possess a firearm safety certificate. A violation of either of these provisions is punishable as a misdemeanor. Existing law requires a personal firearm importer, within 60 days of bringing any firearm into this state, to, among other things, submit a report including information concerning that individual and a description of the firearm in question to the Department of Justice.

This bill would also require that personal firearm importer to obtain a valid firearm safety certificate and include a copy of the valid firearm safety certificate within the report. The bill would make it a misdemeanor for that personal firearm importer to bring a firearm into this state without obtaining a valid firearm safety certificate within 60 days, except as specified. By expanding the scope of a crime, this bill would impose a state-mandated local program.

Existing law requires an applicant for a firearm safety certificate to pass a test developed by the Department of Justice covering specified subjects, including, among others, the laws applicable to carrying and handling firearms and the responsibilities of ownership of firearms.

This bill would require any applicant for a firearm safety certificate, on or after July 1, 2027, to complete a training course no less than 8 hours in length that, among other things, includes instruction on firearm safety and handling and live-fire shooting exercises on a firing range. The bill would require the Department of Justice to promulgate regulations and provide additional information for the implementation of this subdivision.

AB1187 Text: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB1187

AB 1333, as introduced, Zbur. Crimes: homicide.

Existing law defines homicide as the unlawful killing of a human being, or a fetus, with or without malice aforethought, as specified. Existing law establishes certain circumstances in which homicide is justifiable, as specified.

This bill would eliminate certain circumstances under which homicide is justifiable, including, among others, in defense of a habitation or property. The bill would additionally clarify circumstances in which homicide is not justifiable, including, among others, when a person uses more force than necessary to defend against a danger.

NOTE: While this sounds bad on its face, the text of the bill show it to be even worse. Review it here: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB1333

 

Legislation

US Congress:

A number of bills have been introduced in the United States Congress. I will update individual bills as, and if, they advance beyond the house where they are introduced.

California Legislature:

SB 15, as introduced, Blakespear. Firearms.

Existing law requires the Department of Justice to conduct inspections of certain firearm dealers every 3 years in order to ensure compliance with specified requirements. Existing law requires inspections to include a sampling of between 25% and 50% of dealer records of each type. Existing law authorizes the department to assess a fee, up to $115, in order to cover various costs, including the costs of inspections.

This bill would instead require the department’s sampling of dealer records to include at least 25% of each record type. The bill would also authorize the department to periodically increase the inspection fee, as specified.

The bill would require the department to annually inspect the 10 firearm dealer locations, as specified, with the highest percentage of total sales that were recovered by law enforcement and found to be illegally possessed, used in a crime, or suspected to have been used in a crime. The bill would require the department to conduct the inspections within 12 months of the release of its annual report unless the dealer location has been inspected within 6 months prior to the release of the report.

Existing law directs law enforcement agencies to submit the description of a firearm that has been reported stolen, lost, found, recovered, or under observation directly to an automated Department of Justice system. Existing law requires these law enforcement agencies to report to the department any information in their possession necessary to identify and trace the history of a recovered firearm that is illegally possessed, has been used in a crime, or is suspected of having been used in a crime. Existing law requires the department to analyze this data and to submit an annual report to the Legislature summarizing this analysis, as specified.

The bill would also require firearm dealers, commencing January 1, 2028, to maintain inventory records, as specified, at their place of business in a manner prescribed by the department. The bill would additionally require firearm dealers to produce an affidavit, under penalty of perjury, certifying the accuracy of all records, upon request. By expanding the crime of perjury, this bill would impose a state-mandated local program.

Existing law requires the department to keep a centralized list of all persons who meet the specified requirements of a dealer, licensee, or person licensed, except as specified. Existing law requires the department to remove various persons from this list, including those whose federal firearms license has expired or has been revoked.

The bill would additionally authorize the department to remove a person from the centralized list who has failed to comply with licensing requirements or who, among other things, failed to allow the department to conduct an inspection or failed to maintain accurate business hours with the department. The bill would make a violation of these provisions punishable by a fine and render a person ineligible for placement on the centralized list for 2 years from the date of removal from the list.

AB 256, as introduced, DeMaio. Crimes involving firearms.

Existing law establishes that the state has a compelling interest in protecting its citizens from crimes involving firearms. Existing law generally regulates the manufacture, distribution, transportation, and importation of specified firearms.

This bill would state the intent of the Legislature to enact legislation relating to crimes involving firearms.

SB 320, as introduced, Limón. Firearms: California Do Not Sell List.

Existing law makes possession of a firearm by certain classes of persons, including a convicted felon, a person convicted of specified misdemeanors, a person that has been found mentally incompetent to stand trial, a person that has been found not guilty of specified crimes by reason of insanity, or a person that has been placed under conservatorship, a crime. Existing law additionally makes it a crime to sell or give possession of a firearm to these classes of persons prohibited from owning a firearm. Existing law generally makes a violation of the Penal Code a misdemeanor.

Existing law requires the Department of Justice, upon submission of firearm purchaser information by a licensed firearm dealer, to examine its records to determine whether a potential firearm purchaser is prohibited by state of federal law from possessing, receiving, owning, or purchasing a firearm. Existing law requires the department to participate in the National Instant Criminal Background Check System.

This bill would require the Department of Justice to develop and launch a system to allow a person who resides in California to voluntarily add their own name to, and subsequently remove their own name from, the California Do Not Sell List, with the purpose of preventing the sale or transfer of a firearm to the person who adds their name, as specified. The bill would allow a person to add their name to the list by submitting specified information to a sheriff or municipal police department, and would require that sheriff or municipal police department to verify the information and send it to the Department of Justice. By imposing additional duties on local law enforcement, this bill would impose a state-mandated local program. The bill would require the department to ensure that information on the list is uploaded and reflected in the National Instant Criminal Background Check System. This bill would allow a person, after a specified period of time, to request removal from the list. The bill would make a person’s inclusion or removal from the list confidential, except for disclosure to a law enforcement officer acting in the performance of their duties, and would authorize a person whose confidentiality is violated to bring a private civil action for appropriate relief, as specified. The bill would prohibit requiring a person to voluntarily waive their firearm rights as a condition of employment or of receiving any benefits or services. By creating a new prohibition, this bill would create a new crime and therefore impose a state-mandated local program.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

AB 383, as introduced, Davies. Firearms: prohibition: minors.

Existing law prohibits a juvenile who is adjudged a ward of the juvenile court due to the commission of specified serious or violent offenses from subsequently owning or possessing a firearm until they are 30 years of age. A violation of this prohibition is punishable as a misdemeanor or as a felony.

Existing law also prohibits certain others persons, including a person who is convicted of a felony offense, from owning a firearm or ammunition. Existing law requires a person subject to those orders to relinquish any firearms or ammunition they own and specifies the procedures to be used to relinquish those firearms or ammunition. Those procedures, among other things, require the court to provide specific instructions to the defendant and to assign the matter to a probation officer to investigate whether the defendant owns, possesses, or has under their custody or control any firearms, require a law enforcement agency to update the Automated Firearms System to reflect any firearms that were relinquished to the agency pursuant to these procedures, and require a defendant to timely file a completed Prohibited Persons Relinquishment Form. Existing law makes it an infraction for a defendant to fail to timely file that form.

This bill would expand the prohibition on juveniles subsequently owning or possessing firearms until 30 years of age by making that prohibition applicable to juveniles who are adjudged a ward of the juvenile court due to the commission of certain offenses relating to the possession of firearms or ammunition by a minor. The bill would also make those procedures to relinquish firearms or ammunition applicable to a juvenile who is prohibited from owning or possessing a firearm until they are 30 years of age. By expanding the scope of a crime and expanding the duties of local probation departments and law enforcement agencies, this bill would impose a state-mandated local program.

Existing law allows a search warrant to be issued upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched. Existing law also specifies the grounds upon which a search warrant may be issued, including, among other grounds, that the property or things to be seized include a firearm that is owned by, or in the possession of, or in the custody or control of, a person prohibited from owning that firearm due to a domestic violence restraining order, as specified.

This bill would additionally allow a search warrant to be issued when the property or things to be seized include a firearm that is owned by, or in the possession of, or in the custody or control of, a juvenile who is subject to the prohibition on owning or possessing a firearm until they are 30 years of age when the court has made a finding that the person has failed to relinquish the firearm as required by law.

SB 397, as introduced, Jones. Firearms.

Existing law generally regulates deadly weapons, including firearms, and defines the term “firearm” for this purpose.

This bill would make a technical, nonsubstantive change to those provisions.

AB 584, as introduced, Hadwick. Firearms dealers and manufacturers: secure facilities.

Existing law defines a secure facility, for purposes of requirements for firearms dealers to store firearms when the dealer is not open for business, as a building that, among other requirements, has perimeter doorways with specified characteristics, including that the doorway is a windowless or windowed steel security door equipped with both a dead bolt and a doorknob lock, as specified, or a metal grate that is padlocked and affixed to the licensee’s premises, as specified. Existing law defines a secure facility, for purposes of requirements for firearms manufacturers to store manufactured firearms and barrels, as a facility that has perimeter doorways with additional specified characteristics, including that the doorway has hinges and hasps attached to doors by welding, riveting, or bolting with nuts on the inside of the door or that are installed so that they cannot be removed when the doors are closed and locked.

Under existing law, failure to comply with these requirements is grounds for the forfeiture or revocation of a license or the imposition of a civil fine, as specified.

This bill would expand the definition of a secure facility for the entities described above to allow a doorway with a windowed or windowless steel door that is equipped with panic hardware that operates a multipoint lock that bolts into the interior frame of the door, as specified.

SB 704, as introduced, Arreguín. Firearms: ammunition sales.

Existing law, as amended by the Safety for All Act of 2016, an initiative statute approved by the voters as Proposition 63 at the November 8, 2016, statewide general election, requires the sale of ammunition to be conducted by or processed through a licensed ammunition vendor. Existing law exempts from that requirement the sale, delivery, or transfer of ammunition to specified individuals, including a sworn peace officer or sworn federal law enforcement officer who is authorized to carry a firearm in the course and scope of the officer’s duties. A violation of this provision is a misdemeanor. Proposition 63 allows its provisions to be amended by a vote of 55% of the Legislature so long as the amendments are consistent with and further the intent of the act.

This bill would make technical, nonsubstantive changes to those provisions.

AB 879, as introduced, Patterson. Firearms: unsafe handguns.

Existing law makes it a crime, punishable by not more than one year in county jail, to manufacture or cause to be manufactured, import into the state for sale, keep for sale, offer or expose for sale, give, or lend an unsafe handgun. Existing law establishes certain exemptions to this prohibition, including, among others, exemptions for sales to specified law enforcement agencies and other specified government agencies for use by specified employees and sales to specified peace officers.

This bill would make technical, nonsubstantive changes to those provisions.

AB 1006, as introduced, Ramos. Firearms: concealed carry.

Existing law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. Existing law requires a licensing authority to issue or renew a license if specified conditions are met, including, among others, that the applicant is not a disqualified person for the license, as specified, and the applicant has completed a specified course of training.

This bill would make a technical, nonsubstantive change to these provisions.

AB 1078, as introduced, Berman. Firearms.

Existing law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. Existing law authorizes a licensing authority, as specified, if certain requirements and other criteria are met, including, among other things, the applicant has completed a specified course of training, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified. Existing law requires a licensing authority to conduct an investigation to determine whether an applicant can receive or renew a license that includes, among other things, a review of all information provided in the application for a license, and a review of the information in the California Restraining and Protective Order System. Existing law prohibits the licensing authority from issuing a license if, among other things, the applicant has been convicted of contempt of court or has been subject to a restraining order, protective order, or other type of court order, unless that order expired or was vacated or otherwise canceled more than 5 years prior to receipt of the completed application.

This bill would require the review of the California Restraining and Protective Order System to include information concerning whether the applicant is reasonably likely to be a danger to self, others, or the community at large, as specified. By imposing new duties on local licensing authorities, this bill would create a state-mandated local program.

The bill would additionally exempt from the licensure prohibition for applicants previously subject to a restraining order, protective order, or other type of court order, applicants who were previously subject to an above-described order that did not receive notice and an opportunity to be heard before the order was issued.

AB 1092, as introduced, Castillo. Firearms: concealed carry licenses.

Existing law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. Existing law requires a licensing authority to issue or renew a license to carry a firearm capable of being concealed if specified conditions are met, including, among others, that the applicant is not a disqualified person for the license, as specified, and the applicant has completed a specified course of training. Existing law makes a new or renewal license that is issued to be valid for a period of time not to exceed 2 years from the date of the license, except as otherwise provided.

This bill would extend the duration of those licenses to 4 years from the date of the license. The bill would make conforming changes.

AB 1127, as introduced, Gabriel. Firearms: converter attachments.

Existing law defines a machine gun as any weapon that shoots, is designed to shoot, or can readily be restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. Existing law prohibits, among other things, the conversion of a firearm into a machine gun. A violation of this prohibition is punishable as a felony.

This bill would state the intent of the Legislature to enact legislation regarding semi-automatic firearms that can be converted into automatic firearms by a converter attachment.

AB 1316, as introduced, Addis. Hunting licenses: information on firearms.

Under existing law, a hunting license grants the privilege to take birds and mammals. Existing law requires the Department of Fish and Wildlife to issue an annual hunting license upon payment of a specified fee that varies in amount depending on the age and residency of the applicant. Under existing law, an annual hunting license is valid for a term of one year beginning on July 1 or for the remainder of the term if issued after July 1. Existing law also requires the department to issue a lifetime hunting license to a resident of the state upon payment of a specified fee that varies in amount depending on the age of the person.

This bill would require the department, beginning July 1, 2027, to ensure that every person who purchases a hunting license receives, at minimum, information on certain topics related to firearms, including the safe storage of firearms, liability for parents and guardians who should have known their child could access a firearm at home, basic California firearm laws, and how to legally transfer or relinquish a firearm. The bill would authorize the department, in cooperation with the Department of Justice, to promulgate regulations regarding the implementation of this requirement, and to include additional information to be provided with a hunting license.

 

 

Litigation

Snope v Brown (formerly Bianchi v Brown)

This challenge to the Maryland ban of assault weapons and high-capacity magazines has been distributed for conference and repeatedly relisted without action.

Rhode v Bonta challenges the ammunition background check and importation rules. The district court, Judge Benitez of the Southern District of California, ruled on January 30 that these regulations are unconstitutional and issued a permanent injunction against the state enforcing them. Judge Benitez did not stay his ruling, and there was a brief period when ammunition could be ordered from out of state and shipped straight to the consumer. The Ninth Circuit Court of Appeals did stay the injunction on February 5, and the regulations immediately went back into effect. The case is on appeal to the Ninth Circuit, which has held oral arguments on December 4.

B&L Productions v Newsom

In a combined case dealing with gun shows on state property, including fairgrounds, the Ninth Circuit Court of Appeals has lifted the injunction that allowed gun shows to continue on state property until the case is finally resolved. Even though the state did not oppose a motion to stay the ruling pending appeal, the court declined to stay the order and vacated the existing injunction. This action effectively ends gun shows on state property, including most fairgrounds. The order also says that costs are awarded to the state in both cases.

CRPA has filed an emergency application to the Supreme Court to protect the injunction in the interest of justice.

May v Bonta is a challenge to SB2 changes to CCW regulations. SB2 made much of the state into “sensitive places” where concealed carry of firearms would be illegal, even with a CCW permit. The training and application process to obtain and renew a CCW became for difficult and expensive. The trial court issued a preliminary injunction that prevented the new “sensitive places” regulations from being enforced. On December 24 (yes, Christmas Eve), 2023, a motions panel of the Ninth Circuit Court of Appeals stayed the lower court order and allowed the “sensitive places” rules from going into effect January 1. On January 6 the merits panel of the Ninth Circuit dissolved the stay; this reinstated the district court Preliminary Injunction declaring that the “sensitive places” part of SB2 unconstitutional. The “sensitive places” provisions of SB2 had not taken effect due to the district court’s preliminary injunction, although the other provisions are in effect while being challenged.

A hearing on May v Bonta, combined with two other cases regarding new CCW carry restrictions, was held April 11, 2024, in front of a three-judge panel of the Ninth Circuit. The panel issued an order affirming the District Court’s ruling in part and reversing it in part.

The ruling means that CCW holders may not concealed carry in the following places, in addition to previous sensitive locations:

  • Bars and Restaurants that serve alcohol
  • Playgrounds, Youth Centers, Parks, Athletic Areas and Athletic Facilities
  • Most real property under the control of the Department of Parks and Recreation or Department of Fish and Wildlife
  • Casinos and similar gambling establishments
  • Stadiums and Arenas
  • Public Libraries
  • Amusement Parks
  • Zoos and Museums
  • Parking areas connected to those places
  • Parking areas connected to other sensitive places listed in the statute.

It is interesting to note that the ruling allowed the regulations for private property in Hawaii but left the private property rule in California enjoined. In Hawaii a property owner or manager can give verbal or written permission to concealed carry, but the California language (which is enjoined and not in effect) requires a DOJ approved sign to be posted saying concealed carry is allowed on that property.

The CRPA, et al, filed an appeal for an En Banc review which was denied.

Further legal action will be taking place at the US District Court for the central district of California. This ruling deals with the Preliminary Injunction, the district court has not issued a final decision.

Smith & Wesson Brands v Estado Unidos Mexicanos

The government of Mexico filed a 10 billion Dollar lawsuit seeking to hold U.S. gun manufacturers liable for violence involving firearms in Mexico. The U.S. district court judge dismissed the case based on the Protection of Lawful Commerce in Arms Act. This law prevents gun manufacturers, distributers, and dealers from being liable for the use of their products in crimes.

The First Circuit Court of Appeals reinstated the case. The Attorneys General of 16 states (including California) and the District of Columbia have filed an Amicus Curae brief supporting Mexico. The Supreme Court heard oral arguments and we are awaiting an answer.

United States v Duarte

A three-judge panel of the Ninth Circuit Court of Appeals had ruled in May, 2023, that Mr. Duarte should not be denied second amendment rights even though he is a convicted felon. The charge was non-violent and did not demonstrate that he is a danger to others. The Ninth Circuit has voted to re-hear the case En Banc. This vacates the ruling of the three-judge panel, and the case will be completely tried over before an eleven-judge panel. Judge Lawrance Van Dyke wrote a dissenting opinion, saying that the court should have allowed the previous ruling to stand. He noted that none of the current Supreme Court Justices had served in the Ninth Circuit and noted that opposition to the Supreme Court precedents was common in second amendment cases heard by the Ninth Circuit.

Duncan v Bonta is the challenge to the “High-Capacity Magazine” ban, which Judge Roger Benitez found unconstitutional in 2017. In 2018 a three-judge panel of the Ninth Circuit Court of Appeals upheld Judge Benitez’s ruling. The Ninth Circuit, responding to a petition from the state, then vacated the ruling of the three-judge panel and reheard the case En Banc, meaning an eleven-judge panel. The En Banc ruling reversed Judge Benitez’s ruling. The case was appealed to the Supreme Court, which agreed to hear the case, vacated the Ninth Circuit ruling, and remanded the case back to the Ninth Circuit to reconsider the case in light of the Bruen decision. NYSRPA v Bruen is a Supreme Court decision that includes clear direction to inferior courts on how to handle second amendment cases. The Ninth Circuit in turn remanded the case back to Judge Benitez. Judge Benitez has again found the “High Capacity Magazine” ban unconstitutional, and issued an injunction against the state enforcing Penal Code Section 31320. Judge Benitez stayed his order for ten days to allow the state to appeal back to the Ninth Circuit Court of Appeals, which the Attorney General did. The Ninth Circuit assigned the petition for a stay to the 11-judge panel that previously heard the case, rather than the normal process of sending it to a three-judge “motions panel”, and the 11-judge panel granted the stay on Judge Benitez’ ruling. A hearing on the merits by the same 11-judge “En Banc” panel was held March 19, 2024. We are waiting for a decision.

Jr. Shooting Sports Magazine v Bonta challenges the California ban on marketing or advertising firearms and firearm related products to youth. The district court denied the petition for a Preliminary Injunction against enforcing this. The denial was appealed to the Ninth Circuit Court of Appeals, where a three-judge panel ruled the district court erred in denial of an injunction. The state then petitioned for an En Banc review of the three-judge panel’s decision. On February 20, 2024, the petition for an En Banc review was denied, and the case was returned to the district court to reconsider the Preliminary Injunction. The district court has not yet acted.

Boland V Bonta a challenge to the California Unsafe Handguns Act (AKA Pistol Roster) has been vacated and pended to Duncan v Bonta, which is the challenge to the “large capacity magazine” ban. Miller v Bonta, a challenge to the Assault Weapons Ban, had previously been pended to Duncan v Bonta. It appears the eleven judge En Banc panel will decide all three for the Ninth Circuit Court of Appeals.

A federal district court judge, the Honorable Josephine Staton of the Central District of California, has ruled the Assault Weapon Control Act constitutional and granted the state’s motion for summary judgement in Rupp v Bonta, which is a parallel case to Miller V Bonta. The judge held that the assault weapon ban did not infringe, because the second amendment only applies to “a well regulated militia.” This case had been previously decided by the district court, and that decision was upheld by the Ninth Circuit. It was on appeal to the Supreme Court at the time of the Bruen decision and was vacated and remanded back to the Ninth Circuit who remanded back to Judge Staton for reconsideration.

Richards v Bonta is a challenge to California’s ten-day waiting period. The Plaintiffs include the Firearms Policy Coalition, Second Amendment Foundation, California Gun Rights Foundation, San Diego County Gun Owners PAC, and several named individuals. The plaintiffs filed a motion for summary judgement on July 28.

James v Mederos challenging the 11% excise tax on firearms and ammunition is still awaiting trial in the Superior Court.

 

Respectfully submitted,

David Smith

February 2025 Legislation/Litigation Report

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February 2025 Legislation/Litigation Update Rulemaking:

The California Department of Justice has published a Notice of Proposed Rulemaking concerning Carry Concealed Weapons Licenses regulations. The Notice and other documents related to the action available at https://oag.ca.gov/firearms/regs/ccwl. Please feel free to share this Notice with any interested parties.

This proposed rulemaking is basically to make the “Emergency Regulations” implementing SB2 to be made permanent. This doesn’t add anything not already in place, it just makes things permanent. Emergency Regulations expire without formal rulemaking. Major portions of SB2 are still being challenged in federal courts, and that lawsuit will not be affected by this rulemaking, see May v Bonta below.

Any person, or a representative authorized to speak on their behalf, may submit written comments relevant to the proposed action. Comments will be accepted until 5:00 pm on February 19, 2025. All timely comments that specifically pertain to the proposed regulations will be reviewed and responded to by Department staff. Comments may be submitted by mail or email to:

Mail written comments:

Department of Justice

P.O. Box 160487

Sacramento, CA 95816

E-mail: BOFregulations@doj.ca.gov

Legislation US Congress:

A number of bills have been introduced in the United States Congress. I will update individual bills as, and if, they advance beyond the house where they are introduced.

California Legislature:

SB 15, as introduced, Blakespear. Firearms.

Existing law requires the Department of Justice to conduct inspections of certain firearm dealers every 3 years in order to ensure compliance with specified requirements. Existing law requires inspections to include a sampling of between 25% and 50% of dealer records of each type. Existing law authorizes the department to assess a fee, up to $115, in order to cover various costs, including the costs of inspections.

This bill would instead require the department’s sampling of dealer records to include at least 25% of each record type. The bill would also authorize the department to periodically increase the inspection fee, as specified.

 

The bill would require the department to annually inspect the 10 firearm dealer locations, as specified, with the highest percentage of total sales that were recovered by law enforcement and found to be illegally possessed, used in a crime, or suspected to have been used in a crime. The bill would require the department to conduct the inspections within 12 months of the release of its annual report unless the dealer location has been inspected within 6 months prior to the release of the report.

Existing law directs law enforcement agencies to submit the description of a firearm that has been reported stolen, lost, found, recovered, or under observation directly to an automated Department of Justice system. Existing law requires these law enforcement agencies to report to the department any information in their possession necessary to identify and trace the history of a recovered firearm that is illegally possessed, has been used in a crime, or is suspected of having been used in a crime. Existing law requires the department to analyze this data and to submit an annual report to the Legislature summarizing this analysis, as specified.

The bill would also require firearm dealers, commencing January 1, 2028, to maintain inventory records, as specified, at their place of business in a manner prescribed by the department. The bill would additionally require firearm dealers to produce an affidavit, under penalty of perjury, certifying the accuracy of all records, upon request. By expanding the crime of perjury, this bill would impose a state-mandated local program.

Existing law requires the department to keep a centralized list of all persons who meet the specified requirements of a dealer, licensee, or person licensed, except as specified. Existing law requires the department to remove various persons from this list, including those whose federal firearms license has expired or has been revoked.

The bill would additionally authorize the department to remove a person from the centralized list who has failed to comply with licensing requirements or who, among other things, failed to allow the department to conduct an inspection or failed to maintain accurate business hours with the department. The bill would make a violation of these provisions punishable by a fine and render a person ineligible for placement on the centralized list for 2 years from the date of removal from the list.

AB 68, as introduced, Essayli. School safety: armed school resource officers.

Existing law authorizes the governing board of a school district to establish a security department under the supervision of a chief of security as designated by, and under the direction of, the superintendent of the school district. Existing law also authorizes the governing board of a school district to establish a school police department under the supervision of a school chief of police and to employ peace officers.

This bill would require a school district or charter school to hire or contract with at least one armed school resource officer, as defined, authorized to carry a loaded firearm to be present at each school of the school district or charter school during regular school hours and any other time when pupils are present on campus, phased in by certain grade spans, as provided.

 

By imposing an additional requirement on school districts and charter schools, the bill would impose a state-mandated local program.

AB 256, as introduced, DeMaio. Crimes involving firearms.

Existing law establishes that the state has a compelling interest in protecting its citizens from crimes involving firearms. Existing law generally regulates the manufacture, distribution, transportation, and importation of specified firearms.

This bill would state the intent of the Legislature to enact legislation relating to crimes involving firearms.

AB 383, as introduced, Davies. Firearms: prohibition: minors.

Existing law prohibits a juvenile who is adjudged a ward of the juvenile court due to the commission of specified serious or violent offenses from subsequently owning or possessing a firearm until they are 30 years of age. A violation of this prohibition is punishable as a misdemeanor or as a felony.

Existing law also prohibits certain others persons, including a person who is convicted of a felony offense, from owning a firearm or ammunition. Existing law requires a person subject to those orders to relinquish any firearms or ammunition they own and specifies the procedures to be used to relinquish those firearms or ammunition. Those procedures, among other things, require the court to provide specific instructions to the defendant and to assign the matter to a probation officer to investigate whether the defendant owns, possesses, or has under their custody or control any firearms, require a law enforcement agency to update the

Automated Firearms System to reflect any firearms that were relinquished to the agency pursuant to these procedures, and require a defendant to timely file a completed Prohibited Persons Relinquishment Form. Existing law makes it an infraction for a defendant to fail to timely file that form.

This bill would expand the prohibition on juveniles subsequently owning or

possessing firearms until 30 years of age by making that prohibition applicable to juveniles who are adjudged a ward of the juvenile court due to the commission of certain offenses relating to the possession of firearms or ammunition by a minor. The bill would also make those procedures to relinquish firearms or ammunition applicable to a juvenile who is prohibited from owning or possessing a firearm until they are 30 years of age. By expanding the scope of a crime and expanding the duties of local probation departments and law enforcement agencies, this bill would impose a state-mandated local program.

Existing law allows a search warrant to be issued upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched. Existing law also specifies the grounds upon which a search warrant may be issued, including, among other grounds, that the property or things to be seized include a firearm that is owned by, or in the possession of, or in the custody or control of, a person prohibited from owning that firearm due to a domestic violence restraining order, as specified.

 

This bill would additionally allow a search warrant to be issued when the property or things to be seized include a firearm that is owned by, or in the possession of, or in the custody or control of, a juvenile who is subject to the prohibition on owning or possessing a firearm until they are 30 years of age when the court has made a finding that the person has failed to relinquish the firearm as required by law.

 

 

Litigation

Snope v Brown (formerly Bianchi v Brown)

This challenge to the Maryland ban of assault weapons and high-capacity magazines has been distributed for conference and repeatedly relisted without action.

Rhode v Bonta challenges the ammunition background check and importation rules. The district court, Judge Benitez of the Southern District of California, ruled on January 30 that these regulations are unconstitutional and issued a permanent injunction against the state enforcing them. Judge Benitez did not stay his ruling, and there was a brief period when ammunition could be ordered from out of state and shipped straight to the consumer. The Ninth Circuit Court of Appeals did stay the injunction on February 5, and the regulations immediately went back into effect. The case is on appeal to the Ninth Circuit, which has held oral arguments on December 4.

B&L Productions v Newsom

In a combined case dealing with gun shows on state property, including fairgrounds, the Ninth Circuit Court of Appeals has lifted the injunction that allowed gun shows to continue on state property until the case is finally resolved. Even though the state did not oppose a motion to stay the ruling pending appeal, the court declined to stay the order and vacated the existing injunction. This action effectively ends gun shows on state property, including most fairgrounds. The order also says that costs are awarded to the state in both cases.

CRPA has filed an emergency application to the Supreme Court to protect the injunction in the interest of justice.

May v Bonta is a challenge to SB2 changes to CCW regulations. SB2 made much of the state into “sensitive places” where concealed carry of firearms would be illegal, even with a CCW permit. The training and application process to obtain and renew a CCW became for difficult and expensive. The trial court issued a preliminary injunction that prevented the new “sensitive places” regulations from being enforced. On December 24 (yes, Christmas Eve), 2023, a motions panel of the Ninth Circuit Court of Appeals stayed the lower court order and allowed the “sensitive places” rules from going into effect January 1. On January 6 the merits panel of the Ninth Circuit dissolved the stay; this reinstated the district court Preliminary Injunction declaring that the “sensitive places” part of SB2 unconstitutional. The “sensitive places” provisions of SB2 had not taken effect due to the district court’s preliminary injunction, although the other provisions are in effect while being challenged.

 

A hearing on May v Bonta, combined with two other cases regarding new CCW carry restrictions, was held April 11, 2024, in front of a three-judge panel of the Ninth Circuit. The panel issued an order affirming the District Court’s ruling in part and reversing it in part.

The ruling means that CCW holders may not concealed carry in the following places, in addition to previous sensitive locations:

  • Bars and Restaurants that serve alcohol
  • Playgrounds, Youth Centers, Parks, Athletic Areas and Athletic Facilities
  • Most real property under the control of the Department of Parks and Recreation or Department of Fish and Wildlife
  • Casinos and similar gambling establishments
  • Stadiums and Arenas
  • Public Libraries
  • Amusement Parks
  • Zoos and Museums
  • Parking areas connected to those places
  • Parking areas connected to other sensitive places listed in the

It is interesting to note that the ruling allowed the regulations for private property in Hawaii but left the private property rule in California enjoined. In Hawaii a property owner or manager can give verbal or written permission to concealed carry, but the California language (which is enjoined and not in effect) requires a DOJ approved sign to be posted saying concealed carry is allowed on that property.

The CRPA, et al, filed an appeal for an En Banc review which was denied.

Further legal action will be taking place at the US District Court for the central district of California. This ruling deals with the Preliminary Injunction, the district court has not issued a final decision.

Smith & Wesson Brands v Estado Unidos Mexicanos

The government of Mexico filed a 10 billion Dollar lawsuit seeking to hold U.S. gun manufacturers liable for violence involving firearms in Mexico. The U.S. district court judge dismissed the case based on the Protection of Lawful Commerce in Arms Act. This law prevents gun manufacturers, distributers, and dealers from being liable for the use of their products in crimes.

The First Circuit Court of Appeals reinstated the case. The Defendants appealed this ruling to the Supreme Court, and the court has granted certiorari, with the case to be heard in the term that began October 7. The Attorneys General of 16 states (including California) and the District of Columbia have filed and Amicus Curae brief supporting Mexico.

Nguyen v Bonta is a challenge to California’s one gun per thirty days purchase rationing. Judge William Q. Hayes of the US district court for California’s southern district granted the plaintiff’s motion for summary judgment, declaring the one firearm in thirty days limit

 

unconstitutional. The order has been stayed pending appeal by the Ninth Circuit Court of Appeals motion panel. Oral arguments were held August 14. The three-judge merits panel from the Ninth Circuit Court of Appeals indicated that they would uphold the trial court ruling that the one in thirty rationing is unconstitutional. The panel further vacated the stay on that ruling imposed by the Ninth Circuit motions panel. At the time this report is published the ruling has not been issued, but due to the stay being vacated it is currently legal to purchase as many firearms as you can afford. After the three-judge panel issues their final ruling, the state may appeal to an En Banc review by the Ninth Circuit or directly to the Supreme Court. If the Ninth Circuit Court accepts an appeal for an En Banc review the ruling of the three-judge panel would be vacated and an eleven-judge panel would re-hear the case. At that time, they could reinstate the stay of the trial court ruling and we would be back to the one firearm purchase in thirty days limit.

United States v Duarte

A three-judge panel of the Ninth Circuit Court of Appeals had ruled in May, 2023, that Mr. Duarte should not be denied second amendment rights even though he is a convicted felon. The charge was non-violent and did not demonstrate that he is a danger to others. The Ninth Circuit has voted to re-hear the case En Banc. This vacates the ruling of the three-judge panel, and the case will be completely tried over before an eleven-judge panel. Judge Lawrance Van Dyke wrote a dissenting opinion, saying that the court should have allowed the previous ruling to stand. He noted that none of the current Supreme Court Justices had served in the Ninth Circuit and noted that opposition to the Supreme Court precedents on “the left coast” was common in second amendment cases heard by the Ninth Circuit.

Duncan v Bonta is the challenge to the “High-Capacity Magazine” ban, which Judge Roger Benitez found unconstitutional in 2017. In 2018 a three-judge panel of the Ninth Circuit Court of Appeals upheld Judge Benitez’s ruling. The Ninth Circuit, responding to a petition from the state, then vacated the ruling of the three-judge panel and reheard the case En Banc, meaning an eleven-judge panel. The En Banc ruling reversed Judge Benitez’s ruling. The case was appealed to the Supreme Court, which agreed to hear the case, vacated the Ninth Circuit ruling, and remanded the case back to the Ninth Circuit to reconsider the case in light of the Bruen decision. NYSRPA v Bruen is a Supreme Court decision that includes clear direction to inferior courts on how to handle second amendment cases. The Ninth Circuit in turn remanded the case back to Judge Benitez. Judge Benitez has again found the “High Capacity Magazine” ban unconstitutional, and issued an injunction against the state enforcing Penal Code Section 31320. Judge Benitez stayed his order for ten days to allow the state to appeal back to the Ninth Circuit Court of Appeals, which the Attorney General did. The Ninth Circuit assigned the petition for a stay to the 11-judge panel that previously heard the case, rather than the normal process of sending it to a three-judge “motions panel”, and the 11-judge panel granted the stay on Judge Benitez’ ruling. A hearing on the merits by the same 11-judge “En Banc” panel was held March 19, 2024. We are waiting for a decision.

Jr. Shooting Sports Magazine v Bonta challenges the California ban on marketing or advertising firearms and firearm related products to youth. The district court denied the petition

 

for a Preliminary Injunction against enforcing this. The denial was appealed to the Ninth Circuit Court of Appeals, where a three-judge panel ruled the district court erred in denial of an injunction. The state then petitioned for an En Banc review of the three-judge panel’s decision. On February 20, the petition for an En Banc review was denied, and the case was returned to the district court to reconsider the Preliminary Injunction.

Boland V Bonta a challenge to the California Unsafe Handguns Act (AKA Pistol Roster) has been vacated and pended to Duncan v Bonta, which is the challenge to the “large capacity magazine” ban. Miller v Bonta, a challenge to the Assault Weapons Ban, had previously been pended to Duncan v Bonta. It appears the eleven judge En Banc panel will decide all three for the Ninth Circuit Court of Appeals.

A federal district court judge, the Honorable Josephine Staton of the Central District of California, has ruled the Assault Weapon Control Act constitutional and granted the state’s motion for summary judgement in Rupp v Bonta, which is a parallel case to Miller V Bonta. The judge held that the assault weapon ban did not infringe, because the second amendment only applies to “a well regulated militia.” This case had been previously decided by the district court, and that decision was upheld by the Ninth Circuit. It was on appeal to the Supreme Court at the time of the Bruen decision and was vacated and remanded back to the Ninth Circuit who remanded back to Judge Staton for reconsideration.

Richards v Bonta is a challenge to California’s ten-day waiting period. The Plaintiffs include the Firearms Policy Coalition, Second Amendment Foundation, California Gun Rights Foundation, San Diego County Gun Owners PAC, and several named individuals. The plaintiffs filed a motion for summary judgement on July 28.

 

 

Respectfully submitted, David Smith

January 2025 Legislation/Litigation Report

AVGC Logo 150

January 2025 Legislation/Litigation Update January Focus

The California Department of Justice has published a Notice of Proposed Rulemaking concerning Carry Concealed Weapons Licenses regulations. The Notice and other documents related to the action available at https://oag.ca.gov/firearms/regs/ccwl. Please feel free to share this Notice with any interested parties.

This proposed rulemaking is basically to make the “Emergency Regulations” implementing SB2 to be made permanent. This doesn’t add anything not already in place, it just makes things permanent. Emergency Regulations expire without formal rulemaking. Major portions of SB2 are still being challenged in federal courts, and that lawsuit will not be affected by this rulemaking, see May v Bonta below.

Any person, or a representative authorized to speak on their behalf, may submit written comments relevant to the proposed action. Comments will be accepted until 5:00 pm on February 19, 2025. All timely comments that specifically pertain to the proposed regulations will be reviewed and responded to by Department staff. Comments may be submitted by mail or email to:

Mail written comments:

Department of Justice

P.O. Box 160487

Sacramento, CA 95816

E-mail: BOFregulations@doj.ca.gov

 

 

Legislation US Congress:

HR38, National Concealed Carry Reciprocity Act

Introduced in the House of Representative and referred to the Committee on the Judiciary.

California Legislature:

SB 15, as introduced, Blakespear. Gun violence prevention.

Existing law prohibits certain actions relating to the sale, possession, storage, and carrying of firearms. Existing law authorizes a court to issue a temporary gun violence restraining order prohibiting a person from possessing a firearm or ammunition if there is reasonable cause to believe that a person poses a significant danger of harm to themselves or to another person by having a firearm.

 

This bill would state the intent of the Legislature to enact legislation relating to gun violence prevention.

AB 68, as introduced, Essayli. School safety: armed school resource officers.

Existing law authorizes the governing board of a school district to establish a security department under the supervision of a chief of security as designated by, and under the direction of, the superintendent of the school district. Existing law also authorizes the governing board of a school district to establish a school police department under the supervision of a school chief of police and to employ peace officers.

This bill would require a school district or charter school to hire or contract with at least one armed school resource officer, as defined, authorized to carry a loaded firearm to be present at each school of the school district or charter school during regular school hours and any other time when pupils are present on campus, phased in by certain grade spans, as provided. By imposing an additional requirement on school districts and charter schools, the bill would impose a state-mandated local program.

Litigation

Snope v Brown (formerly Bianchi v Brown)

This challenge to the Maryland ban of assault weapons and high-capacity magazines has been distributed for conference to determine if the case will be granted certiorari by the Supreme court, to possibly be heard during the current term. This case is scheduled for conference on January 10.

Rhode v Bonta challenges the ammunition background check and importation rules. The district court, Judge Benitez of the Southern District of California, ruled on January 30 that these regulations are unconstitutional and issued a permanent injunction against the state enforcing them. Judge Benitez did not stay his ruling, and there was a brief period when ammunition could be ordered from out of state and shipped straight to the consumer. The Ninth Circuit Court of Appeals did stay the injunction on February 5, and the regulations immediately went back into effect. The case is on appeal to the Ninth Circuit, which has held oral arguments on December 4.

B&L Productions v Newsom

In a combined case dealing with gun shows on state property, including fairgrounds, the Ninth Circuit Court of Appeals has lifted the injunction that allowed gun shows to continue on state property until the case is finally resolved. Even though the state did not oppose a motion to stay the ruling pending appeal, the court declined to stay the order and vacated the existing injunction. This action effectively ends gun shows on state property, including most fairgrounds. The order also says that costs are awarded to the state in both cases.

CRPA has filed an emergency application to the Supreme Court to protect the injunction in the interest of justice.

 

May v Bonta is a challenge to SB2 changes to CCW regulations. SB2 made much of the state into “sensitive places” where concealed carry of firearms would be illegal, even with a CCW permit. The training and application process to obtain and renew a CCW became for difficult and expensive. The trial court issued a preliminary injunction that prevented the new “sensitive places” regulations from being enforced. On December 24 (yes, Christmas Eve), 2023, a motions panel of the Ninth Circuit Court of Appeals stayed the lower court order and allowed the “sensitive places” rules from going into effect January 1. On January 6 the merits panel of the Ninth Circuit dissolved the stay; this reinstated the district court Preliminary Injunction declaring that the “sensitive places” part of SB2 unconstitutional. The “sensitive places” provisions of SB2 had not taken effect due to the district court’s preliminary injunction, although the other provisions are in effect while being challenged.

A hearing on May v Bonta, combined with two other cases regarding new CCW carry restrictions, was held April 11, 2024, in front of a three-judge panel of the Ninth Circuit. The panel issued an order affirming the District Court’s ruling in part and reversing it in part.

The ruling means that CCW holders may not concealed carry in the following places:

  • Bars and Restaurants that serve alcohol
  • Playgrounds, Youth Centers, Parks, Athletic Areas and Athletic Facilities
  • Most real property under the control of the Department of Parks and Recreation or Department of Fish and Wildlife
  • Casinos and similar gambling establishments
  • Stadiums and Arenas
  • Public Libraries
  • Amusement Parks
  • Zoos and Museums
  • Parking areas and similar areas connected to those places
  • Parking areas connected to other sensitive places listed in the

It is interesting to note that the ruling allowed the regulations for private property in Hawaii but left the private property rule in California enjoined. In Hawaii a property owner or manager can give verbal or written permission to concealed carry, but the California language (which is enjoined and not in effect) requires a DOJ approved sign to be posted saying concealed carry is allowed on that property.

The CRPA, et al, have filed an appeal for an En Banc review of the partial reversal of the Preliminary Injunction.

Further legal action will be taking place at the US District Court for the central district of California. This ruling deals with the Preliminary Injunction, the district court has not issued a final decision.

Smith & Wesson Brands v Estado Unidos Mexicanos

 

The government of Mexico filed a 10 billion Dollar lawsuit seeking to hold U.S. gun manufacturers liable for violence involving firearms in Mexico. The U.S. district court judge dismissed the case based on the Protection of Lawful Commerce in Arms Act. This law prevents gun manufacturers, distributers, and dealers from being liable for the use of their products in crimes.

The First Circuit Court of Appeals reinstated the case. The Defendants appealed this ruling to the Supreme Court, and the court has granted certiorari, with the case to be heard in the term that began October 7.

Van Der Stok v Garland is a challenge to the ATF rules change regarding frames and receivers, filed by the Firearm Policy Coalition. The 5th Circuit Court of Appeals ruled against the ATF rule change in February, saying they had overstepped their statutory authority. The government petitioned the Supreme Court arguing that the 5th circuit wrongly ruled in FPC’s favor. The Supreme Court has heard oral arguments in the government’s appeal October 8. Note that this is not a Second Amendment case and may have little or no effect in California.

Nguyen v Bonta is a challenge to California’s one gun per thirty days purchase rationing. Judge William Q. Hayes of the US district court for California’s southern district granted the plaintiff’s motion for summary judgment, declaring the one firearm in thirty days limit unconstitutional. The order has been stayed pending appeal by the Ninth Circuit Court of Appeals motion panel. Oral arguments were held August 14. The three-judge merits panel from the Ninth Circuit Court of Appeals indicated that they would uphold the trial court ruling that the one in thirty rationing is unconstitutional. The panel further vacated the stay on that ruling imposed by the Ninth Circuit motions panel. At the time this report is published the ruling has not been issued, but due to the stay being vacated it is currently legal to purchase as many firearms as you can afford. After the three-judge panel issues their final ruling, the state may appeal to an En Banc review by the Ninth Circuit or directly to the Supreme Court. If the Ninth Circuit Court accepts an appeal for an En Banc review the ruling of the three-judge panel would be vacated and an eleven-judge panel would re-hear the case. At that time, they could reinstate the stay of the trial court ruling and we would be back to the one firearm purchase in thirty days limit.

United States v Duarte

A three-judge panel of the Ninth Circuit Court of Appeals had ruled in May, 2023, that Mr. Duarte should not be denied second amendment rights even though he is a convicted felon. The charge was non-violent and did not demonstrate that he is a danger to others. The Ninth Circuit has voted to re-hear the case En Banc. This vacates the ruling of the three-judge panel, and the case will be completely tried over before an eleven-judge panel. Judge Lawrance Van Dyke wrote a dissenting opinion, saying that the court should have allowed the previous ruling to stand. He noted that none of the current Supreme Court Justices had served in the Ninth Circuit and noted that opposition to the Supreme Court precedents on “the left coast” was common in second amendment cases heard by the Ninth Circuit.

 

Duncan v Bonta is the challenge to the “High-Capacity Magazine” ban, which Judge Roger Benitez found unconstitutional in 2017. In 2018 a three-judge panel of the Ninth Circuit Court of Appeals upheld Judge Benitez’s ruling. The Ninth Circuit, responding to a petition from the state, then vacated the ruling of the three-judge panel and reheard the case En Banc, meaning an eleven-judge panel. The En Banc ruling reversed Judge Benitez’s ruling. The case was appealed to the Supreme Court, which agreed to hear the case, vacated the Ninth Circuit ruling, and remanded the case back to the Ninth Circuit to reconsider the case in light of the Bruen decision. NYSRPA v Bruen is a Supreme Court decision that includes clear direction to inferior courts on how to handle second amendment cases. The Ninth Circuit in turn remanded the case back to Judge Benitez. Judge Benitez has again found the “High Capacity Magazine” ban unconstitutional, and issued an injunction against the state enforcing Penal Code Section 31320. Judge Benitez stayed his order for ten days to allow the state to appeal back to the Ninth Circuit Court of Appeals, which the Attorney General did. The Ninth Circuit assigned the petition for a stay to the 11-judge panel that previously heard the case, rather than the normal process of sending it to a three-judge “motions panel”, and the 11-judge panel granted the stay on Judge Benitez’ ruling. A hearing on the merits by the same 11-judge “En Banc” panel was held March 19, 2024. We are waiting for a decision.

Jr. Shooting Sports Magazine v Bonta challenges the California ban on marketing or advertising firearms and firearm related products to youth. The district court denied the petition for a Preliminary Injunction against enforcing this. The denial was appealed to the Ninth Circuit Court of Appeals, where a three-judge panel ruled the district court erred denial of an injunction. The state then petitioned for an En Banc review of the three-judge panel’s decision. On February 20, the petition for an En Banc review was denied, and the case was returned to the district court to reconsider the Preliminary Injunction.

Boland V Bonta a challenge to the California Unsafe Handguns Act (AKA Pistol Roster) has been vacated and pended to Duncan v Bonta, which is the challenge to the “large capacity magazine” ban. Miller v Bonta, a challenge to the Assault Weapons Ban, had previously been pended to Duncan v Bonta. It appears the eleven judge En Banc panel will decide all three for the Ninth Circuit Court of Appeals.

A federal district court judge, the Honorable Josephine Staton of the Central District of California, has ruled the Assault Weapon Control Act constitutional and granted the state’s motion for summary judgement in Rupp v Bonta, which is a parallel case to Miller V Bonta. The judge held that the assault weapon ban did not infringe, because the second amendment only applies to “a well regulated militia.” This case had been previously decided by the district court, and that decision was upheld by the Ninth Circuit. It was on appeal to the Supreme Court at the time of the Bruen decision and was vacated and remanded back to the Ninth Circuit who remanded back to Judge Staton for reconsideration.

Richards v Bonta is a challenge to California’s ten-day waiting period. The Plaintiffs include the Firearms Policy Coalition, Second Amendment Foundation, California Gun Rights Foundation, San Diego County Gun Owners PAC, and several named individuals. The plaintiffs filed a motion for summary judgement on July 28.

 

Respectfully submitted, David Smith

December 2024 Legislation/Litigation Report

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December 2024 Legislation/Litigation Update December Focus: Laws taking effect January 1, 2025

Private Party Transfers are no longer exempt from the “1 in 30 days” limit. However, this regulatory limit has been enjoined by a federal court and is not currently being enforced. See Nguyen v Bonta in Litigation, below.

State Licensed Firearms Dealers will be required to give gun buyers a pamphlet from the state that “…explains the reasons for and risks of owning firearms.”

State “Dealer’s Record of Sale” (DroS) will have a new requirement for the purchaser to verify that they have inventoried the firearms registered to them within 30 days before purchasing another firearm.

 

 

Legislation, in the current Special Session

SB 15, as introduced, Blakespear. Gun violence prevention.

Existing law prohibits certain actions relating to the sale, possession, storage, and carrying of firearms. Existing law authorizes a court to issue a temporary gun violence restraining order prohibiting a person from possessing a firearm or ammunition if there is reasonable cause to believe that a person poses a significant danger of harm to themselves or to another person by having a firearm.

This bill would state the intent of the Legislature to enact legislation relating to gun violence prevention.

AB 68, as introduced, Essayli. School safety: armed school resource officers.

Existing law authorizes the governing board of a school district to establish a security department under the supervision of a chief of security as designated by, and under the direction of, the superintendent of the school district. Existing law also authorizes the governing board of a school district to establish a school police department under the supervision of a school chief of police and to employ peace officers.

This bill would require a school district or charter school to hire or contract with at least one armed school resource officer, as defined, authorized to carry a loaded firearm to be present at each school of the school district or charter school during regular school hours and any other time when pupils are present on campus, phased in by certain grade spans, as provided. By imposing an additional requirement on school districts and charter schools, the bill would impose a state-mandated local program.

 

 

Litigation

Goldstein v Earnest

 

The Superior Court of California, County of San Diego, Central District, has granted a motion for summary judgement which finds Smith and Wesson immune from liability under the Protection of Lawful Commerce in Arms Act (PLCAA). The judge also ruled that aside from the PLCAA the case lacked evidence to support the claim that Smith and Wesson should have controlled the actions of the retailer, San Diego Guns. This case stems from the April 2019 attack on a Jewish worship ceremony at Chabad of Poway in which one person was killed and three injured. The individual who committed the attack was convicted and is serving a Life sentence without the possibility of parole.

Snope v Brown (formerly Bianchi v Brown)

This challenge to the Maryland ban of assault weapons and high-capacity magazines has been distributed for conference to determine if the case will be granted certiorari by the Supreme court, to possibly be heard during the current term. This case was scheduled for conference on December 13, but has been rescheduled.

Rhode v Bonta challenges the ammunition background check and importation rules. The district court, Judge Benitez of the Southern District of California, ruled on January 30 that these regulations are unconstitutional and issued a permanent injunction against the state enforcing them. Judge Benitez did not stay his ruling, and there was a brief period when ammunition could be ordered from out of state and shipped straight to the consumer. The Ninth Circuit Court of Appeals did stay the injunction on February 5, and the regulations immediately went back into effect. The case is on appeal to the Ninth Circuit, which has scheduled oral arguments for December 4.

B&L Productions v Newsom

In a combined case dealing with gun shows on state property, including fairgrounds, the Ninth Circuit Court of Appeals has lifted the injunction that allowed gun shows to continue on state property until the case is finally resolved. Even though the state did not oppose a motion to stay the ruling pending appeal, the court declined to stay the order and vacated the existing injunction. This action effectively ends gun shows on state property, including most fairgrounds. The order also says that costs are awarded to the state in both cases.

CRPA has filed an emergency application to the Supreme Court to protect the injunction in the interest of justice.

May v Bonta is a challenge to SB2 changes to CCW regulations. SB2 made much of the state into “sensitive places” where concealed carry of firearms would be illegal, even with a CCW permit. The training and application process to obtain and renew a CCW became for difficult and expensive. The trial court issued a preliminary injunction that prevented the new “sensitive places” regulations from being enforced. On December 24 (yes, Christmas Eve), 2023, a motions panel of the Ninth Circuit Court of Appeals stayed the lower court order and allowed the “sensitive places” rules from going into effect January 1. On January 6 the merits panel of the Ninth Circuit dissolved the stay; this reinstated the district court Preliminary Injunction declaring that the “sensitive places” part of SB2 unconstitutional. The “sensitive places”

 

provisions of SB2 had not taken effect due to the district court’s preliminary injunction, although the other provisions are in effect while being challenged.

A hearing on May v Bonta, combined with two other cases regarding new CCW carry restrictions, was held April 11, 2024, in front of a three-judge panel of the Ninth Circuit. The panel issued an order affirming the District Court’s ruling in part and reversing it in part.

The ruling means that CCW holders may not concealed carry in the following places:

  • Bars and Restaurants that serve alcohol
  • Playgrounds, Youth Centers, Parks, Athletic Areas and Athletic Facilities
  • Most real property under the control of the Department of Parks and Recreation or Department of Fish and Wildlife
  • Casinos and similar gambling establishments
  • Stadiums and Arenas
  • Public Libraries
  • Amusement Parks
  • Zoos and Museums
  • Parking areas and similar areas connected to those places
  • Parking areas connected to other sensitive places listed in the

It is interesting to note that the ruling allowed the regulations for private property in Hawaii but left the private property rule in California enjoined. In Hawaii a property owner or manager can give verbal or written permission to concealed carry, but the California language (which is enjoined and not in effect) requires a DOJ approved sign to be posted saying concealed carry is allowed on that property.

The CRPA, et al, have filed an appeal for an En Banc review of the partial reversal of the Preliminary Injunction.

Further legal action will be taking place at the US District Court for the central district of California. This ruling deals with the Preliminary Injunction, the district court has not issued a final decision.

Smith & Wesson Brands v Estado Unidos Mexicanos

The government of Mexico filed a 10 billion Dollar lawsuit seeking to hold U.S. gun manufacturers liable for violence involving firearms in Mexico. The U.S. district court judge dismissed the case based on the Protection of Lawful Commerce in Arms Act. This law prevents gun manufacturers, distributers, and dealers from being liable for the use of their products in crimes.

The First Circuit Court of Appeals reinstated the case. The Defendants appealed this ruling to the Supreme Court, and the court has granted certiorari, with the case to be heard in the term that began October 7.

 

Van Der Stok v Garland is a challenge to the ATF rules change regarding frames and receivers, filed by the Firearm Policy Coalition. The 5th Circuit Court of Appeals ruled against the ATF rule change in February, saying they had overstepped their statutory authority. The government petitioned the Supreme Court arguing that the 5th circuit wrongly ruled in FPC’s favor. The Supreme Court has heard oral arguments in the government’s appeal October 8. Note that this is not a Second Amendment case and may have little or no effect in California.

Nguyen v Bonta is a challenge to California’s one gun per thirty days purchase rationing. Judge William Q. Hayes of the US district court for California’s southern district granted the plaintiff’s motion for summary judgment, declaring the one firearm in thirty days limit unconstitutional. The order has been stayed pending appeal by the Ninth Circuit Court of Appeals motion panel. Oral arguments were held August 14. The three-judge merits panel from the Ninth Circuit Court of Appeals indicated that they would uphold the trial court ruling that the one in thirty rationing is unconstitutional. The panel further vacated the stay on that ruling imposed by the Ninth Circuit motions panel. At the time this report is published the ruling has not been issued, but due to the stay being vacated it is currently legal to purchase as many firearms as you can afford. After the three-judge panel issues their final ruling, the state may appeal to an En Banc review by the Ninth Circuit or directly to the Supreme Court. If the Ninth Circuit Court accepts an appeal for an En Banc review the ruling of the three-judge panel would be vacated and an eleven-judge panel would re-hear the case. At that time, they could reinstate the stay of the trial court ruling and we would be back to the one firearm purchase in thirty days limit.

United States v Duarte

A three-judge panel of the Ninth Circuit Court of Appeals had ruled in May, 2023, that Mr. Duarte should not be denied second amendment rights even though he is a convicted felon. The charge was non-violent and did not demonstrate that he is a danger to others. The Ninth Circuit has voted to re-hear the case En Banc. This vacates the ruling of the three-judge panel, and the case will be completely tried over before an eleven-judge panel. Judge Lawrance Van Dyke wrote a dissenting opinion, saying that the court should have allowed the previous ruling to stand. He noted that none of the current Supreme Court Justices had served in the Ninth Circuit and noted that opposition to the Supreme Court precedents on “the left coast” was common in second amendment cases heard by the Ninth Circuit.

Duncan v Bonta is the challenge to the “High-Capacity Magazine” ban, which Judge Roger Benitez found unconstitutional in 2017. In 2018 a three-judge panel of the Ninth Circuit Court of Appeals upheld Judge Benitez’s ruling. The Ninth Circuit, responding to a petition from the state, then vacated the ruling of the three-judge panel and reheard the case En Banc, meaning an eleven-judge panel. The En Banc ruling reversed Judge Benitez’s ruling. The case was appealed to the Supreme Court, which agreed to hear the case, vacated the Ninth Circuit ruling, and remanded the case back to the Ninth Circuit to reconsider the case in light of the Bruen decision. NYSRPA v Bruen is a Supreme Court decision that includes clear direction to inferior courts on how to handle second amendment cases. The Ninth Circuit in turn remanded the case back to Judge Benitez. Judge Benitez has again found the “High Capacity Magazine”

 

ban unconstitutional, and issued an injunction against the state enforcing Penal Code Section 31320. Judge Benitez stayed his order for ten days to allow the state to appeal back to the Ninth Circuit Court of Appeals, which the Attorney General did. The Ninth Circuit assigned the petition for a stay to the 11-judge panel that previously heard the case, rather than the normal process of sending it to a three-judge “motions panel”, and the 11-judge panel granted the stay on Judge Benitez’ ruling. A hearing on the merits by the same 11-judge “En Banc” panel was held March 19, 2024. We are waiting for a decision.

Jr. Shooting Sports Magazine v Bonta challenges the California ban on marketing or advertising firearms and firearm related products to youth. The district court denied the petition for a Preliminary Injunction against enforcing this. The denial was appealed to the Ninth Circuit Court of Appeals, where a three-judge panel ruled the district court erred denial of an injunction. The state then petitioned for an En Banc review of the three-judge panel’s decision. On February 20, the petition for an En Banc review was denied, and the case was returned to the district court to reconsider the Preliminary Injunction.

Boland V Bonta a challenge to the California Unsafe Handguns Act (AKA Pistol Roster) has been vacated and pended to Duncan v Bonta, which is the challenge to the “large capacity magazine” ban. Miller v Bonta, a challenge to the Assault Weapons Ban, had previously been pended to Duncan v Bonta. It appears the eleven judge En Banc panel will decide all three for the Ninth Circuit Court of Appeals.

A federal district court judge, the Honorable Josephine Staton of the Central District of California, has ruled the Assault Weapon Control Act constitutional and granted the state’s motion for summary judgement in Rupp v Bonta, which is a parallel case to Miller V Bonta. The judge held that the assault weapon ban did not infringe, because the second amendment only applies to “a well regulated militia.” This case had been previously decided by the district court, and that decision was upheld by the Ninth Circuit. It was on appeal to the Supreme Court at the time of the Bruen decision and was vacated and remanded back to the Ninth Circuit who remanded back to Judge Staton for reconsideration.

Richards v Bonta is a challenge to California’s ten-day waiting period. The Plaintiffs include the Firearms Policy Coalition, Second Amendment Foundation, California Gun Rights Foundation, San Diego County Gun Owners PAC, and several named individuals. The plaintiffs filed a motion for summary judgement on July 28.

 

 

Respectfully submitted, David Smith

November 2024 Legislation / Litigation Report

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November 2024 Legislation/Litigation Update Litigation

The California Legislature and US Congress are not in session.

B&L Productions v Newsom

In a combined case dealing with gun shows on state property, including fairgrounds, the Ninth Circuit Court of Appeals has lifted the injunction that allowed gun shows to continue on state property until the case is finally resolved. Even though the state did not oppose a motion to stay the ruling pending appeal, the court declined to stay the order and vacated the existing injunction. This action effectively ends gun shows on state property, including most fairgrounds. The order also says that costs are awarded to the state in both cases.

CRPA has filed an emergency application to the Supreme Court to protect the injunction in the interest of justice.

May v Bonta is a challenge to SB2 changes to CCW regulations. SB2 made much of the state into “sensitive places” where concealed carry of firearms would be illegal, even with a CCW permit. The training and application process to obtain and renew a CCW became for difficult and expensive. The trial court issued a preliminary injunction that prevented the new “sensitive places” regulations from being enforced. On December 24 (yes, Christmas Eve), 2023, a motions panel of the Ninth Circuit Court of Appeals stayed the lower court order and allowed the “sensitive places” rules from going into effect January 1. On January 6 the merits panel of the Ninth Circuit dissolved the stay; this reinstated the district court Preliminary Injunction declaring that the “sensitive places” part of SB2 unconstitutional. The “sensitive places” provisions of SB2 had not taken effect due to the district court’s preliminary injunction, although the other provisions are in effect while being challenged.

A hearing on May v Bonta, combined with two other cases regarding new CCW carry restrictions, was held April 11, 2024, in front of a three-judge panel of the Ninth Circuit. The panel issued an order affirming the District Court’s ruling in part and reversing it in part.

The ruling means that CCW holders may not concealed carry in the following places:

  • Bars and Restaurants that serve alcohol
  • Playgrounds, Youth Centers, Parks, Athletic Areas and Athletic Facilities
  • Most real property under the control of the Department of Parks and Recreation or Department of Fish and Wildlife
  • Casinos and similar gambling establishments
  • Stadiums and Arenas
  • Public Libraries
  • Amusement Parks
  • Zoos and Museums
  • Parking areas and similar areas connected to those places
  • Parking areas connected to other sensitive places listed in the

 

It is interesting to note that the ruling allowed the regulations for private property in Hawaii but left the private property rule in California enjoined. In Hawaii a property owner or manager can give verbal or written permission to concealed carry, but the California language (which is enjoined and not in effect) requires a DOJ approved sign to be posted saying concealed carry is allowed on that property.

The CRPA, et al, have filed an appeal for an En Banc review of the partial reversal of the Preliminary Injunction.

Further legal action will be taking place at the US District Court for the central district of California. This ruling deals with the Preliminary Injunction, the district court has not issued a final decision.

Snope v Brown (formerly Bianchi v Brown)

This challenge to the Maryland ban of assault weapons and high-capacity magazines has been distributed for conference to determine if the case will be granted certiorari by the Supreme court, to possibly be heard during the current term.

Smith & Wesson Brands v Estado Unidos Mexicanos

The government of Mexico filed a 10 billion Dollar lawsuit seeking to hold U.S. gun manufacturers liable for violence involving firearms in Mexico. The U.S. district court judge dismissed the case based on the Protection of Lawful Commerce in Arms Act. This law prevents gun manufacturers, distributers, and dealers from being liable for the use of their products in crimes.

The First Circuit Court of Appeals reinstated the case. The Defendants appealed this ruling to the Supreme Court, and the court has granted certiorari, with the case to be heard in the term that began October 7.

Van Der Stok v Garland is a challenge to the ATF rules change regarding frames and receivers, filed by the Firearm Policy Coalition. The 5th Circuit Court of Appeals ruled against the ATF rule change in February, saying they had overstepped their statutory authority. The government petitioned the Supreme Court arguing that the 5th circuit wrongly ruled in FPC’s favor. The Supreme Court has granted certiorari and heard oral arguments in the government’s appeal October 8. Note that this is not a Second Amendment case and may have little or no effect in California.

Nguyen v Bonta is a challenge to California’s one gun per thirty days purchase rationing. Judge William Q. Hayes of the US district court for California’s southern district granted the plaintiff’s motion for summary judgment, declaring the one firearm in thirty days limit unconstitutional. The order has been stayed pending appeal by the Ninth Circuit Court of Appeals motion panel. Oral arguments were held August 14. The three-judge merits panel from the Ninth Circuit Court of Appeals indicated that they would uphold the trial court ruling that the one in thirty rationing is unconstitutional. The panel further vacated the stay on that ruling imposed by the Ninth Circuit motions panel. At the time this report is published the ruling

 

has not been issued, but due to the stay being vacated it is currently legal to purchase as many firearms as you can afford. After the three-judge panel issues their final ruling, the state may appeal to an En Banc review by the Ninth Circuit or directly to the Supreme Court. If the Ninth Circuit Court accepts an appeal for an En Banc review the ruling of the three-judge panel would be vacated and an eleven-judge panel would re-hear the case. At that time, they could reinstate the stay of the trial court ruling and we would be back to the one firearm purchase in thirty days limit.

United States v Duarte

A three-judge panel of the Ninth Circuit Court of Appeals had ruled in May, 2023, that Mr. Duarte should not be denied second amendment rights even though he is a convicted felon. The charge was non-violent and did not demonstrate that he is a danger to others. The Ninth Circuit has voted to re-hear the case En Banc. This vacates the ruling of the three-judge panel, and the case will be completely tried over before an eleven-judge panel. Judge Lawrance Van Dyke wrote a dissenting opinion, saying that the court should have allowed the previous ruling to stand. He noted that none of the current Supreme Court Justices had served in the Ninth Circuit and noted that opposition to the Supreme Court precedents on “the left coast” was common in second amendment cases heard by the Ninth Circuit.

Duncan v Bonta is the challenge to the “High-Capacity Magazine” ban, which Judge Roger Benitez found unconstitutional in 2017. In 2018 a three-judge panel of the Ninth Circuit Court of Appeals upheld Judge Benitez’s ruling. The Ninth Circuit, responding to a petition from the state, then vacated the ruling of the three-judge panel and reheard the case En Banc, meaning an eleven-judge panel. The En Banc ruling reversed Judge Benitez’s ruling. The case was appealed to the Supreme Court, which agreed to hear the case, vacated the Ninth Circuit ruling, and remanded the case back to the Ninth Circuit to reconsider the case in light of the Bruen decision. NYSRPA v Bruen is a Supreme Court decision that includes clear direction to inferior courts on how to handle second amendment cases. The Ninth Circuit in turn remanded the case back to Judge Benitez. Judge Benitez has again found the “High Capacity Magazine” ban unconstitutional, and issued an injunction against the state enforcing Penal Code Section 31320. Judge Benitez stayed his order for ten days to allow the state to appeal back to the Ninth Circuit Court of Appeals, which the Attorney General did. The Ninth Circuit assigned the petition for a stay to the 11-judge panel that previously heard the case, rather than the normal process of sending it to a three-judge “motions panel”, and the 11-judge panel granted the stay on Judge Benitez’ ruling. A hearing on the merits by the same 11-judge “En Banc” panel was held March 19, 2024. We are waiting for a decision.

Jr. Shooting Sports Magazine v Bonta challenges the California ban on marketing or advertising firearms and firearm related products to youth. The district court denied the petition for a Preliminary Injunction against enforcing this. The denial was appealed to the Ninth Circuit Court of Appeals, where a three-judge panel ruled the district court erred denial of an injunction. The state then petitioned for an En Banc review of the three-judge panel’s decision. On February 20, the petition for an En Banc review was denied, and the case was returned to the district court to reconsider the Preliminary Injunction.

 

Rhode v Bonta challenges the ammunition background check and importation rules. The district court, Judge Benitez of the Southern District of California, ruled on January 30 that these regulations are unconstitutional and issued a permanent injunction against the state enforcing them. Judge Benitez did not stay his ruling, and there was a brief period when ammunition could be ordered from out of state and shipped straight to the consumer. The Ninth Circuit Court of Appeals did stay the injunction on February 5, and the regulations immediately went back into effect. The case is now on appeal to the Ninth Circuit. The court ordered briefs be filed by September 13, 2024. We are waiting for further action.

Boland V Bonta a challenge to the California Unsafe Handguns Act (AKA Pistol Roster) has been vacated and pended to Duncan v Bonta, which is the challenge to the “large capacity magazine” ban. Miller v Bonta, a challenge to the Assault Weapons Ban, had previously been pended to Duncan v Bonta. It appears the eleven judge En Banc panel will decide all three for the Ninth Circuit Court of Appeals.

A federal district court judge, the Honorable Josephine Staton of the Central District of California, has ruled the Assault Weapon Control Act constitutional and granted the state’s motion for summary judgement in Rupp v Bonta, which is a parallel case to Miller V Bonta. The judge held that the assault weapon ban did not infringe, because the second amendment only applies to “a well regulated militia.” This case had been previously decided by the district court, and that decision was upheld by the Ninth Circuit. It was on appeal to the Supreme Court at the time of the Bruen decision and was vacated and remanded back to the Ninth Circuit who remanded back to Judge Staton for reconsideration.

Richards v Bonta is a challenge to California’s ten-day waiting period. The Plaintiffs include the Firearms Policy Coalition, Second Amendment Foundation, California Gun Rights Foundation, San Diego County Gun Owners PAC, and several named individuals. The plaintiffs filed a motion for summary judgement on July 28.

 

 

Respectfully submitted, David Smith

October 2024 Legislation / Litigation Report

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October 2024 Legislation/Litigation Update

October Focus

Ammunition Purchase Fee increase proposed

As authorized by Penal Code section 30370, subdivision (e), the Department’s current regulations established a $1.00 fee for a Standard Ammunition Eligibility Check (SAEC) and $1.00 fee for a COE Verification check. (Cal. Code Regs., tit. 11, §§ 4282, 4285.) This fee has not been sufficient to cover the Department’s operating costs for the ammunition authorization program.

Effective January 1, 2024, the Department is allowed to raise the fee for a SAEC and COE Verification check to cover the reasonable regulatory and enforcement costs for operating the ammunition authorization program. (Pen. Code, § 30370, subd. (e).) The proposed regulation raises the fee for a SAEC and COE Verification check from $1.00 to $5.00.

This rulemaking did undergo a 45-day public comment period. Any person or their authorized representative could submit written comments regarding the proposed regulatory action. The written comment period closed at 5:00 pm on October 8, 2024. All timely comments that specifically pertain to the proposed regulations will be reviewed and responded to by Department staff.

Official information: https://oag.ca.gov/firearms/regs/ammofee

B&L Productions v Newsom

In a combined case dealing with gun shows on state property, including fairgrounds, the Ninth Circuit Court of Appeals has lifted the injunction that allowed gun shows to continue on state property until the case is finally resolved. Even though the state did not oppose a motion to stay the ruling pending appeal, the court declined to stay the order and vacated the existing injunction. This action effectively ends gun shows on state property, including most fairgrounds. The order also says that costs are awarded to the state in both cases.

CRPA has filed an emergency application to the Supreme Court to protect the injunction in the interest of justice.

May v Bonta is a challenge to SB2 changes to CCW regulations. SB2 made much of the state into “sensitive places” where concealed carry of firearms would be illegal, even with a CCW permit. The training and application process to obtain and renew a CCW became for difficult and expensive. The trial court issued a preliminary injunction that prevented the new “sensitive places” regulations from being enforced. On December 24 (yes, Christmas Eve), 2023, a motions panel of the Ninth Circuit Court of Appeals stayed the lower court order and allowed the “sensitive places” rules from going into effect January 1. On January 6 the merits panel of the Ninth Circuit dissolved the stay; this reinstated the district court Preliminary Injunction declaring that the “sensitive places” part of SB2 unconstitutional. The “sensitive places” provisions of SB2 had not taken effect due to the district court’s preliminary injunction, although the other provisions are in effect while being challenged.

A hearing on May v Bonta, combined with two other cases regarding new CCW carry restrictions, was held April 11, 2024, in front of a three-judge panel of the Ninth Circuit. The panel issued an order affirming the District Court’s ruling in part and reversing it in part.

The ruling means that CCW holders may not concealed carry in the following places:

  • Bars and Restaurants that serve alcohol
  • Playgrounds, Youth Centers, Parks, Athletic Areas and Athletic Facilities
  • Most real property under the control of the Department of Parks and Recreation or Department of Fish and Wildlife
  • Casinos and similar gambling establishments
  • Stadiums and Arenas
  • Public Libraries
  • Amusement Parks
  • Zoos and Museums
  • Parking areas and similar areas connected to those places
  • Parking areas connected to other sensitive places listed in the statute.

It is interesting to note that the ruling allowed the regulations for private property in Hawaii but left the private property rule in California enjoined. In Hawaii a property owner or manager can give verbal or written permission to concealed carry, but the California language (which is enjoined and not in effect) requires a DOJ approved sign to be posted saying concealed carry is allowed on that property.

The CRPA, et al, have filed an appeal for an En Banc review of the partial reversal of the Preliminary Injunction.

Further legal action will be taking place at the US District Court for the central district of California. This ruling deals with the Preliminary Injunction, the district court has not issued a final decision.

Legislation

SB 53, as amended, Portantino. Firearms: storage.

This law, beginning on January 1, 2026, requires a person who possesses a firearm in a residence to keep the firearm securely stored when the firearm is not being carried or readily controlled by the person or another lawful authorized user. For purposes of these provisions, a firearm is securely stored if the firearm is maintained within, locked by, or disabled using a certified firearm safety device or secure gun safe that meets specified standards. This law makes a first and 2nd violation of this offense punishable as an infraction, and a 3rd or subsequent violation punishable as a misdemeanor. This law exempts unloaded antique firearms, as defined, or firearms that are permanently inoperable from these provisions. This law requires the Department of Justice to seek to inform residents about these standards for storage of firearms. By creating a new crime, this law imposes a state-mandated local program.

Existing law makes it a misdemeanor or a felony if a person keeps a firearm within any premises that are under the person’s custody or control and the person knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian, and the child obtains access to the firearm and causes injury, other than great bodily injury, or death or great bodily injury to the child or any other person, or carries that firearm off-premises, as defined, to a public place or a school. Existing law exempts a person from the above provisions if the person has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises. This law removes these exemptions.

Passed By the legislature. Approved by the Governor September 24.

 

AB 3064, as introduced, Maienschein. Firearms.

(1) Existing law requires the Department of Justice to compile, publish, and maintain a roster listing all of the firearm safety devices that have been tested by a certified testing laboratory, have been determined to meet the department’s standards for firearm safety devices, and therefore may be sold in this state.

This law, commencing on January 1, 2026, authorizes the department to charge each entity that manufactures or imports into the state for sale any firearm safety device listed on the roster, an annual fee, as specified. This law additionally requires that any device newly added to the roster have certain information engraved or otherwise permanently affixed to the device. This law also requires any entity seeking to list a device to comply with specified business standards.

This law provides a process by which a device that has been removed from the roster for nonpayment of the fee, to be relisted. This law also provides a process for a device model that is identical to a listed model except for certain cosmetic differences to be listed without testing. These processes require the submission of certain statements signed under penalty of perjury.

By expanding the offense of perjury, this law imposes a state-mandated local program.

This law also requires the manufacturer of any device listed on the roster that becomes subject to a product recall, as specified, to notify the department, as specified. This law authorizes the department to remove the device from the roster if the manufacturer fails to provide this notice.

(2) Existing law requires any person, within 60 days of bringing a firearm into the state, to mail or personally deliver to the Department of Justice a report, as prescribed by the department, describing the firearm and providing personal information.

Existing law requires any sale, loan, or transfer of a firearm to be processed through a licensed firearms dealer. Existing law exempts from this requirement the transfer of certain firearms that are curios or relics to a licensed firearm collector. Existing law requires a collector who receives a firearm pursuant to these provisions, within 30 days after taking possession, to mail or personally deliver to the Department of Justice a report, as prescribed by the department, describing the firearm and providing personal information.

This law additionally allows the person to electronically submit these reports. This law also authorizes the department to request photographs of the firearm to determine if it is a prohibited weapon, as specified.

(3) Existing law exempts certain other transactions from the requirement to be processed through a licensed firearms dealer and does not require these transactions to be reported to the Department of Justice, including, without limitation, sales, deliveries, or transfers of firearms between importers and manufacturers of firearms, transfers of firearms to a gunsmith for repairs, loans of a firearm to a hunter, loans of a firearm to a person attending a police academy, and temporary transfers of a firearm for safekeeping, as specified. Existing law allows a person transferring or receiving a firearm pursuant to one of these provisions or a person moving out of state with a firearm to report that information to the department.

This law requires a report submitted pursuant to this provision to be submitted electronically and would prescribe the information to be included in the report. This law requires the department to establish a fee for submission of this information, as specified. This law also authorizes the department to request photographs of the firearm to determine if it is a prohibited weapon, as specified. The bill would make the filing of any false information pursuant to this provision a crime punishable as a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program.

This law requires the department, upon receipt of this information, to examine specified records to determine if the transferee is prohibited from possessing a firearm.

The law makes other conforming changes.

Passed By the legislature. Approved by the Governor September 24.

SB 1002, as introduced, Blakespear. Firearms: prohibited persons.

Existing law prohibits a person who has been taken into custody, assessed, and admitted to a designated facility, or who has been certified for intensive treatment after having been admitted to a designated facility, because the person is a danger to themselves or others as a result of a mental health disorder, from owning a firearm for a period of 5 years after the person is released from the facility, or for the remainder of their life if the person has previously been taken into custody, assessed, and admitted one or more times within a period of one year preceding the most recent admittance. Existing law requires the facility to submit a report to the Department of Justice containing information that includes, but is not limited to, the identity of the person and the legal grounds upon which the person was admitted to the facility. Existing law allows a person who is prohibited from owning a firearm pursuant to these provisions to request the court for a hearing to reinstate the person’s right to own a firearm and requires the facility to provide a person subject to the prohibition with the “Patient Notification of Firearm Prohibition and Right to Hearing Form” informing the person of the firearm prohibition and their right to request a hearing.

This law, among other things, instead requires the 5-year prohibition to commence on the date that the facility makes the above-described report to the Department of Justice, and would require the Department of Justice to, within 7 days of receipt of the report from the facility, notify a person subject to the above-described provisions of the firearm prohibition and their right to request a hearing to reinstate their right to own a firearm. A person subject to the firearms prohibition shall relinquish any firearm, ammunition, or firearm magazine they own, possess, or control within 72 hours of discharge from a facility, as specified, and would require the “Patient Notification of Firearm Prohibition and Right to Hearing Form” to include information on the relinquishment requirement.

Existing law also prohibits a person who has been found not guilty by reason of insanity of specified crimes and a person who has been placed under conservatorship by a court because the person is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism from purchasing or receiving, or attempting to purchase or receive, or having possession, custody, or control of any firearm or any other deadly weapon.

This law requires the court to inform the above-described persons, and their conservator, if applicable, of how the person may relinquish any firearm, ammunition, or firearm magazine in the person’s possession, custody, or control according to local procedure, and the process for submitting a receipt to the court to show proof of relinquishment.

Passed By the legislature. Approved by the Governor September 24.

SB 902, as introduced, Roth. Firearms: public safety.

Existing law, subject to exceptions, provides that any person who has been convicted of certain misdemeanors may not, within 10 years of the conviction, own, purchase, receive, possess or have under their custody or control, any firearm and makes a violation of that prohibition a crime.

Existing law, with certain exceptions, makes it a crime to maliciously and intentionally maim, mutilate, torture, wound, or kill a living animal.

This law provides that any person convicted of a misdemeanor violation of the above-described crimes, on or after January 1, 2025, may not, within 10 years of the conviction, access a firearm as described above, and makes a violation of that prohibition a crime. Because a violation of these provisions would be a crime, and because this law expands the application of the crime to a larger class of potential offenders, this bill would impose a state-mandated local program.

Passed By the legislature. Approved by the Governor September 24.

AB 2739, as introduced, Maienschein. Firearms.

(1) Existing law requires any weapon that was carried unlawfully for specified crimes to be surrendered to specified law enforcement entities. Existing law requires weapons surrendered pursuant to these provisions to be destroyed by the law enforcement entity.

This law additionally requires a weapon carried unlawfully for those crimes to be surrendered to law enforcement if the defendant is granted diversion for the underlying crime.

(2) Existing law prohibits the carrying of a concealed firearm, as specified and except as exempted. Under existing law, a handgun carried in violation of this provision is a nuisance and is subject to forfeiture and destruction, as specified.

Existing law also prohibits carrying a loaded firearm in public, as specified and except as exempted, and openly carrying an unloaded handgun in public, as specified and except as exempted.

This law deems any firearm carried in violation of either of these provisions to be a nuisance and subject to forfeiture and destruction, as specified.

Passed By the legislature. Approved by the Governor September 24.

AB 1252, as amended, Wicks. Office of Gun Violence Prevention.

Under existing law, the Department of Justice is responsible for carrying out several functions related to the sale, delivery, and transfer of firearms, including maintaining a centralized list of all persons licensed to sell firearms and inspecting firearms.

This law establishes, within the Department of Justice, the Office of Gun Violence Prevention. This law further establishes, within the Department of Justice, a Commission to End Gun Violence. This law requires the commission, within one year of its creation, to issue a public report discussing the implementation, coordination, and effectiveness of gun violence prevention laws and programs, as specified.

Passed By the legislature. Approved by the Governor September 24.

For information on bills in the California legislature: https://leginfo.legislature.ca.gov/faces/billSearchClient.xhtml

Litigation

Snope v Brown (formerly Bianchi v Brown)

This challenge to the Maryland ban of assault weapons and high-capacity magazines has been granted certiorari by the Supreme court, to be heard during the term that began October 7.

Smith & Wesson Brands v Estado Unidos Mexicanos

The government of Mexico filed a 10 billion Dollar lawsuit seeking to hold U.S. gun manufacturers liable for violence involving firearms in Mexico. The U.S. district court judge dismissed the case based on the Protection of Lawful Commerce in Arms Act. This law prevents gun manufacturers, distributers, and dealers from being liable for the use of their products in crimes.

The First Circuit Court of Appeals reinstated the case. The Defendants appealed this ruling to the Supreme Court, and the court has granted certiorari, with the case to be heard in the term that began October 7.

Van Der Stok v Garland is a challenge to the ATF rules change regarding frames and receivers, filed by the Firearm Policy Coalition. The 5th Circuit Court of Appeals ruled against the ATF rule change in February, saying they had overstepped their statutory authority. The government petitioned the Supreme Court arguing that the 5th circuit wrongly ruled in FPC’s favor. The Supreme Court has granted certiorari and heard oral arguments in the government’s appeal October 8. Note that this is not a Second Amendment case and may have little or no effect in California.

 

Nguyen v Bonta is a challenge to California’s one gun per thirty days purchase rationing. Judge William Q. Hayes of the US district court for California’s southern district granted the plaintiff’s motion for summary judgment, declaring the one firearm in thirty days limit unconstitutional. The order has been stayed pending appeal by the Ninth Circuit Court of Appeals motion panel. Oral arguments were held August 14. The three-judge merits panel from the Ninth Circuit Court of Appeals indicated that they would uphold the trial court ruling that the one in thirty rationing is unconstitutional. The panel further vacated the stay on that ruling imposed by the Ninth Circuit motions panel. At the time this report is published the ruling has not been issued, but due to the stay being vacated it is currently legal to purchase as many firearms as you can afford. After the three-judge panel issues their final ruling, the state may appeal to an En Banc review by the Ninth Circuit or directly to the Supreme Court. If the Ninth Circuit Court accepts an appeal for an En Banc review the ruling of the three-judge panel would be vacated and an eleven-judge panel would re-hear the case. At that time, they could reinstate the stay of the trial court ruling and we would be back to the one firearm purchase in thirty days limit.

United States v Duarte

A three-judge panel of the Ninth Circuit Court of Appeals had ruled in May, 2023, that Mr. Duarte should not be denied second amendment rights even though he is a convicted felon. The charge was non-violent and did not demonstrate that he is a danger to others. The Ninth Circuit has voted to re-hear the case En Banc. This vacates the ruling of the three-judge panel, and the case will be completely tried over before an eleven-judge panel. Judge Lawrance Van Dyke wrote a dissenting opinion, saying that the court should have allowed the previous ruling to stand. He noted that none of the current Supreme Court Justices had served in the Ninth Circuit and noted that opposition to the Supreme Court precedents on “the left coast” was common in second amendment cases heard by the Ninth Circuit.

Duncan v Bonta is the challenge to the “High-Capacity Magazine” ban, which Judge Roger Benitez found unconstitutional in 2017. In 2018 a three-judge panel of the Ninth Circuit Court of Appeals upheld Judge Benitez’s ruling. The Ninth Circuit, responding to a petition from the state, then vacated the ruling of the three-judge panel and reheard the case En Banc, meaning an eleven-judge panel. The En Banc ruling reversed Judge Benitez’s ruling. The case was appealed to the Supreme Court, which agreed to hear the case, vacated the Ninth Circuit ruling, and remanded the case back to the Ninth Circuit to reconsider the case in light of the Bruen decision. NYSRPA v Bruen is a Supreme Court decision that includes clear direction to inferior courts on how to handle second amendment cases. The Ninth Circuit in turn remanded the case back to Judge Benitez. Judge Benitez has again found the “High Capacity Magazine” ban unconstitutional, and issued an injunction against the state enforcing Penal Code Section 31320. Judge Benitez stayed his order for ten days to allow the state to appeal back to the Ninth Circuit Court of Appeals, which the Attorney General did. The Ninth Circuit assigned the petition for a stay to the 11-judge panel that previously heard the case, rather than the normal process of sending it to a three-judge “motions panel”, and the 11-judge panel granted the stay on Judge Benitez’ ruling. A hearing on the merits by the same 11-judge “En Banc” panel was held March 19, 2024. We are waiting for a decision.

Jr. Shooting Sports Magazine v Bonta challenges the California ban on marketing or advertising firearms and firearm related products to youth. The district court denied the petition for a Preliminary Injunction against enforcing this. The denial was appealed to the Ninth Circuit Court of Appeals, where a three-judge panel ruled the district court erred denial of an injunction. The state then petitioned for an En Banc review of the three-judge panel’s decision. On February 20, the petition for an En Banc review was denied, and the case was returned to the district court to reconsider the Preliminary Injunction.

Rhode v Bonta challenges the ammunition background check and importation rules. The district court, Judge Benitez of the Southern District of California, ruled on January 30 that these regulations are unconstitutional and issued a permanent injunction against the state enforcing them. Judge Benitez did not stay his ruling, and there was a brief period when ammunition could be ordered from out of state and shipped straight to the consumer. The Ninth Circuit Court of Appeals did stay the injunction on February 5, and the regulations immediately went back into effect. The case is now on appeal to the Ninth Circuit. The court ordered briefs be filed by September 13, 2024. We are waiting for further action.

Boland V Bonta a challenge to the California Unsafe Handguns Act (AKA Pistol Roster) has been vacated and pended to Duncan v Bonta, which is the challenge to the “large capacity magazine” ban. Miller v Bonta, a challenge to the Assault Weapons Ban, had previously been pended to Duncan v Bonta. It appears the eleven judge En Banc panel will decide all three for the Ninth Circuit Court of Appeals.

A federal district court judge, the Honorable Josephine Staton of the Central District of California, has ruled the Assault Weapon Control Act constitutional and granted the state’s motion for summary judgement in Rupp v Bonta, which is a parallel case to Miller V Bonta. The judge held that the assault weapon ban did not infringe, because the second amendment only applies to “a well regulated militia.” This case had been previously decided by the district court, and that decision was upheld by the Ninth Circuit. It was on appeal to the Supreme Court at the time of the Bruen decision and was vacated and remanded back to the Ninth Circuit who remanded back to Judge Staton for reconsideration.

Richards v Bonta is a challenge to California’s ten-day waiting period. The Plaintiffs include the Firearms Policy Coalition, Second Amendment Foundation, California Gun Rights Foundation, San Diego County Gun Owners PAC, and several named individuals. The plaintiffs filed a motion for summary judgement on July 28.

 

Respectfully submitted,

David Smith