In a victory for Second Amendment advocates, the Ninth Circuit Court of Appeals today unanimously affirmed a lower court ruling in favor of the Second Amendment Foundation (SAF) and its partners, striking down California’s restrictive “one-gun-per-month” rationing law. The decision in Nguyen v. Bonta marks a significant setback for gun control measures in California and is being hailed as a triumph for gun rights nationwide.
The lawsuit challenged a California statute that limited individuals to purchasing only one handgun or semi-automatic centerfire rifle (or a combination of both) from a licensed dealer within any 30-day period.
The SAF, joined by the Firearms Policy Coalition, Inc., San Diego County Gun Owners PAC, two FFL gun dealers, and six private citizens including lead plaintiff Michelle Nguyen, argued that the law constituted a clear violation of the Second Amendment.
“Today’s decision claws back a portion of Second Amendment rights stolen by California’s government,” stated SAF Executive Director Adam Kraut. “California’s one-gun-per-month law was in clear violation of the Second Amendment, as affirmed by the unanimous decision in the Ninth Circuit. This ruling is one step closer to liberating the people of the state from the totalitarian ideals of those in power who believe the right to keep and bear arms is a second-class right.”
The SAF had previously secured a summary judgment win at the district court, which the State of California subsequently appealed to the Ninth Circuit. Today’s unanimous decision affirms that district court victory, effectively striking down the gun rationing law as impermissible under the Second Amendment.
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SAF founder and Executive Vice President Alan M. Gottlieb underscored the intentional nature of the overturned law.
“There was no doubt the one-gun-per-month restriction was put in place to circumvent the ability of citizens to exercise their full Second Amendment rights,” Gottlieb asserted. “This ruling is a victory for all who believe in the fundamental right to keep and bear arms, and we look forward to continuing to restore the Second Amendment rights of people across the nation through our more than 55 active cases.”
The ruling is expected to have broad implications for gun rights litigation, potentially encouraging similar challenges to gun control measures in other states. The SAF’s continued success in the courts signals a persistent effort to roll back what they view as infringements on the constitutional right to bear arms.
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