A judge in San Diego ruled a California gun law unconstitutional, continuing a pattern of decisions influenced by historical analysis. On Monday, U.S. District Judge William Hayes struck down the state’s one-gun-a-month law, which aimed to prevent individuals from purchasing more than one firearm within a thirty-day span. However, this law will remain in effect as the decision is pending appeal.
The ban was designed to deter straw purchases, where individuals acquire firearms on behalf of ineligible parties. Firearms owners, dealers, and rights groups challenged the law, claiming it violated the Second Amendment. Judge Hayes granted summary judgment in favor of the plaintiffs in a detailed 24-page decision.
Hayes concluded that the government did not provide a historical analogue for the law, a crucial factor since the Supreme Court’s 2022 ‘text, history, and tradition’ standard in New York State Rifle & Pistol Association v. Bruen. This standard dictates gun regulations to align with historical practices from the era of the Second Amendment’s inception.
The recent Bruen decision requires that all modern gun regulations must adhere closely to the historic tradition of firearm regulation, pursuant to the Second Amendment’s original text. Since this ruling, various California gun control laws have been declared unconstitutional, challenges which are currently under review by the 9th U.S. Circuit Court of Appeals.
Source: The San Diego Union-Tribune