The Second Amendment Foundation and its partners, in a federal lawsuit challenging California Penal Code § 26806 (SB 1384), have moved for a temporary restraining order to prevent the state from implementing this new Orwellian statute.
SAF attorneys have also filed a memorandum of points and authorities supporting the motion in the U.S. District Court for the Central District of California.
SAF is joined by the California Rifle & Pistol Association, Gun Owners of America, Gun Owners of California, the Gun Owners Foundation, On Target Indoor Shooting Range, Gaalswyk Enterprises and three private citizens.
Previous Coverage: SAF Sues California Gov. Newsom Over Law Requiring Video Recording Of Gun Transactions
They are represented by attorneys C.D. Michel and Tiffany D. Cheufront, Michel & Associates in Long Beach, and Donald Kilmer, Kilmer Law Office in Idaho. Defendants in the case are California Gov. Gavin Newsom and Attorney General Robert Bonta, in their official capacities.
The statute takes effect Jan. 1, 2024. The lawsuit contends its provisions violate the First, Second, Fourth, Fifth, and 14th Amendments, as well as the California State Constitution.
“Our motion for the TRO is direct and to the point,” said SAF founder and Executive Vice President Alan M. Gottlieb. “We believe it is imperative to prevent this law from being implemented because of the serious constitutional issues at stake.”
“The various tenets of Penal Code § 26806 amount to an egregious violation of several constitutional rights, including free speech, privacy and the right to keep and bear arms,” said SAF Executive Director Adam Kraut. “To impose what amounts to a mass surveillance regime in California is an afront to the rights of citizens across the state.”
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