The lawsuit argues that the mandatory 24/7 video and audio recording requirements for firearm dealers violate multiple constitutional rights, including the Fourth, First, and Fifth Amendments.
In a continued legal battle, the Second Amendment Foundation (SAF) and a coalition of partners have filed their final reply brief with the Ninth Circuit Court of Appeals. The lawsuit challenges a California law that mandates extensive and round-the-clock surveillance for all licensed firearm dealers in the state.
The law in question, California Penal Code 26806, forces gun stores to install and maintain digital video surveillance systems that record 24 hours a day.
The footage and audio must be saved for at least one year. The requirements also include permanently mounted cameras at points of sale and in all areas where firearms are displayed.
SAF’s Executive Director, Adam Kraut, criticized the law, stating it “violates not only the Fourth Amendment, but the First and Fifth as well.” He called it a “trifecta of infringement,” arguing that the law imposes expensive logistical hurdles on businesses to discourage the “constitutionally protected activity” of selling firearms.
In addition to the SAF, plaintiffs in the case, Richards v. Newsom, include the California Rifle and Pistol Association, Gun Owners of America, and several individual citizens and businesses.
Alan M. Gottlieb, founder and Executive Vice President of SAF, stated that this law is “exactly what Californians have come to expect from their lawmakers.” He noted that the costs for installing such a system can “easily exceed five figures,” placing an “unconstitutional and unjustified financial burden” on these businesses. He added that this “invasion of privacy cannot stand.”
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