A decade-old California law requiring newly sold handguns to include equipment enabling the owner to know whether the gun is loaded and preventing accidental firings, and allowing police to trace cartridges from crime scenes, violates the constitutional right of self-defense because no current models have all those features, a federal judge ruled Monday.
“These regulations are having a devastating impact on Californians’ ability to acquire and use new, state-of-the-art handguns,” U.S. District Judge Cormac Carney of Santa Ana said in a ruling ordering the state to halt enforcement of the law. Attorney General Rob Bonta, who is defending the law in court, said Carney agreed to delay his injunction for 14 days to give the state time to appeal and request a further stay from a federal appeals court.
As enacted in 2007, the law required new semiautomatic handguns, those that can be fired repeatedly without reloading, to contain a chamber load indicator, which says whether the chamber is fully loaded, and a magazine disconnect mechanism, which prevents firing if the gun magazine is not fully inserted. In 2013, lawmakers required the guns to have micro-stamping technology, imprinting the gun’s model and serial number on each fired cartridge to help officers identify the weapon at a crime scene.
Gun manufacturers say no existing models of handguns meet California’s standards and that compliance would be expensive and perhaps impossible. The state Supreme Court rejected a gun group’s lawsuit in 2018, saying the manufacturers would have to do their best to comply with the law and no one’s rights were being violated.
But Carney, in a suit by gun owners and the California Rifle & Pistol Association, said the law violates the right to self-defense because it does not allow current models of firearms to be bought or sold in California.
Californians can still buy those weapons in other states and bring them here, but otherwise they can legally purchase only firearms that were manufactured before the law took effect, Carney said. Gun stores and private gun shows, which are also covered by the state law, can sell those weapons legally.
“Californians have the constitutional right to acquire and use state-of-the-art handguns to protect themselves,” the judge wrote. “They should not be forced to settle for decade-old models of handguns to ensure that they remain safe inside or outside the home.”
He said few handguns manufactured since 2007 have chamber load indicators and magazine disconnect mechanisms, and no models produced since 2013 have all three features required by the California law.
Disputing the state’s argument that the law promotes safety, Carney said California still allows the sale of handguns manufactured before the law took effect, even though they would be considered “unsafe” under the law’s standards.
California has “deprived law-abiding citizens of the right to choose a handgun appropriate for their individual needs,” said C.D. Michel, lawyer for the California Rifle & Pistol Association, the state affiliate of the National Rifle Association. “If we can hold on to this great Second Amendment win through appeal, people will be able to choose from among thousands of the latest, greatest and safest handguns made today.”
But Bonta said the state law saves lives.
“We will continue to lead efforts to advance and defend California’s gun safety laws,” the attorney general said.
Reach Bob Egelko: begelko@sfchronicle.com; Twitter: @BobEgelko
This design is incredible! You obviously know how to keep a reader entertained. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Fantastic job. I really loved what you had to say, and more than that, how you presented it. Too cool!
you could have an excellent weblog here! would you prefer to make some invite posts on my blog?
Rattling nice style and design and superb content material, practically nothing else we want : D.
Hey there! This is kind of off topic but I need some advice from an established blog. Is it difficult to set up your own blog? I’m not very techincal but I can figure things out pretty quick. I’m thinking about setting up my own but I’m not sure where to begin. Do you have any ideas or suggestions? With thanks
I went over this site and I conceive you have a lot of fantastic information, saved to bookmarks (:.
I am now not positive the place you are getting your information, but great topic. I must spend a while finding out much more or working out more. Thank you for great information I used to be searching for this information for my mission.
Today, I went to the beach with my kids. I found a sea shell and gave it to my 4 year old daughter and said “You can hear the ocean if you put this to your ear.” She put the shell to her ear and screamed. There was a hermit crab inside and it pinched her ear. She never wants to go back! LoL I know this is completely off topic but I had to tell someone!
Can I just say what a relief to find someone who actually knows what theyre talking about on the internet. You definitely know how to bring an issue to light and make it important. More people need to read this and understand this side of the story. I cant believe youre not more popular because you definitely have the gift.
Aw, this was a really nice post. In concept I want to put in writing like this additionally – taking time and actual effort to make a very good article… however what can I say… I procrastinate alot and on no account seem to get something done.
This is the right blog for anyone who wants to find out about this topic. You realize so much its almost hard to argue with you (not that I actually would want…HaHa). You definitely put a new spin on a topic thats been written about for years. Great stuff, just great!
Hey, you used to write fantastic, but the last several posts have been kinda boring?K I miss your super writings. Past several posts are just a bit out of track! come on!
Great awesome things here. I?¦m very glad to see your post. Thank you a lot and i’m taking a look ahead to touch you. Will you kindly drop me a mail?
Very interesting points you have observed, regards for posting. “Opportunities are seldom labeled.” by John H. Shield.
Great post. I am facing a couple of these problems.
I would like to thank you for the efforts you’ve put in writing this web site. I am hoping the same high-grade blog post from you in the upcoming also. In fact your creative writing skills has inspired me to get my own blog now. Really the blogging is spreading its wings rapidly. Your write up is a good example of it.
I appreciate, cause I found exactly what I was looking for. You have ended my 4 day long hunt! God Bless you man. Have a great day. Bye