A federal judge in San Diego recently struck down California’s controversial “one-gun-a-month” law, which had prohibited residents from purchasing more than one handgun or semiautomatic, centerfire rifle within a 30-day period. This landmark ruling, delivered in the case of Nguyen v. Bonta, has far-reaching implications for firearm owners across California, potentially paving the way for courts to scrutinize the constitutionality of California firearms regulations and challenge the state’s longstanding reputation for stringent gun control measures.
Key Takeaways
• A federal judge in San Diego recently struck down California’s “one-gun-a-month” law.
• The law prohibited residents from purchasing more than one handgun or semiautomatic, centerfire rifle within a 30-day period.
• At the heart of the court’s reasoning was the lack of any historical precedent for laws similar to California’s one-gun-a-month regulation.
• U.S. District Judge William Hayes concluded that the law violated the Second Amendment rights of California residents.
• The court’s decision in Nguyen v. Bonta is the latest in a series of federal court rulings that have overturned various California gun control measures in recent years.
• If you or a loved one is facing a firearms-related charge in San Diego, it is crucial to seek the guidance of an experienced criminal defense attorney.
If you or someone you love has been charged with a firearms-related offense in San Diego, our skilled criminal defense attorneys at Sevens Legal can help. Call our firm today at (619) 430-2355 to schedule your free legal consultation.
Federal Judge Finds California Gun Law Unconstitutional
In a 24-page ruling in March 2024, U.S. District Judge William Hayes determined that the state had failed to provide a “well-established and representative historical analogue” to justify the one-gun-a-month (OGM) restriction, thereby concluding that the law violated the Second Amendment rights of California residents.
Lack of Historical Precedent
At the heart of the court’s reasoning was the lack of any historical precedent for laws similar to California’s one-gun-a-month regulation. The state had attempted to draw parallels to various colonial-era and 19th-century statutes, such as those governing the storage of gunpowder or restricting the sale of firearms to Native Americans. However, Judge Hayes found these analogues to be insufficient, noting that they did not adequately address the specific “how and why” of the one-gun-a-month law’s impact on the right to keep and bear arms.
Violation of Second Amendment Rights
The judge’s ruling directly challenged the state’s argument that the one-gun-a-month law did not infringe on individuals’ Second Amendment rights, as it did not outright prevent them from acquiring firearms. Judge Hayes disagreed, stating that the “fact that the OGM law burdens Plaintiffs’ Second Amendment right rather than outright prevents Plaintiffs’ from keeping and bearing arms is not determinative of whether the proposed conduct is covered by the plain text of the Second Amendment.”
Implications for Individuals Convicted of California Gun Crimes
Potential Resentencing for Convictions Under the One Gun a Month Law
Individuals convicted under California’s now-overturned one-gun-a-month law may be eligible for resentencing or record expungement. Our experienced criminal defense attorneys at Sevens Legal can assist clients in petitioning the courts to review their cases and potentially reduce or eliminate their sentences. This could provide relief for those who were unfairly penalized under a law that has since been struck down by the courts.
Restoring Firearm Rights for Affected Individuals
With the law struck down, clients who were prohibited from possessing firearms due to an OGM conviction may be able to regain their firearm rights. Our lawyers can guide clients through the process of restoring their Second Amendment rights, helping them navigate the legal system to remove any restrictions on their ability to own and use firearms.
Possible Impact on California Gun Laws
The court’s decision in Nguyen v. Bonta is the latest in a series of federal court rulings that have overturned various California gun control measures in recent years. This trend has significant implications for the future of the state’s firearms regulations, as it suggests that courts may be increasingly willing to scrutinize the constitutionality of such laws.
Recent Overturning of Other California Gun Regulations
In the wake of the Supreme Court’s landmark New York State Rifle & Pistol Association Inc. v. Bruen decision, which altered the standard for analyzing firearms-related cases, federal courts in San Diego have overturned a number of California’s gun laws, including bans on assault rifles, billy clubs, and certain “unsafe” handguns.
The Influence of the Bruen Supreme Court Decision
The Bruen decision has had a profound impact on the legal landscape surrounding gun rights, as it has shifted the focus to the “text, history, and tradition” of the Second Amendment. This new standard has made it increasingly difficult for states like California to defend their gun control measures, as they must now demonstrate a clear historical precedent for such regulations.
The Role of a San Diego Gun Crime Defense Attorney
In the wake of these legal developments, the role of a skilled San Diego criminal lawyer has become more critical than ever. As the state’s gun laws continue to evolve, it is essential for individuals facing firearms-related charges in San Diego to have an experienced advocate who can navigate the complexities of this ever-changing terrain.
Defending Clients Against California Firearms Charges
An effective San Diego criminal lawyer must be well-versed in the latest court rulings and their implications for firearms-related offenses. Our criminal lawyers at Sevens Legal can effectively challenge the constitutionality of such charges and work tirelessly to protect the rights of our clients, whether they are facing allegations of illegal possession, straw purchases, or other gun-related crimes.
Navigating Changes in California Gun Laws
As California firearms regulations continue to change, our criminal defense lawyers are committed to staying up-to-date on the latest developments and being prepared to adapt our strategies accordingly. This may involve closely monitoring court decisions, tracking legislative changes, and developing innovative legal arguments to safeguard our clients’ interests.
Free San Diego Gun Crimes Consultation
If you or a loved one is facing a firearms-related charge in San Diego, it is crucial to seek the guidance of an experienced criminal defense attorney. At Sevens Legal, our team of skilled legal professionals is dedicated to protecting the rights of our clients and ensuring they receive the best possible representation.
How to Contact Our Criminal Defense Attorneys
To schedule a free consultation and discuss your case, please call Sevens Legal at (619) 430-2355. Our attorneys are standing by to provide the personalized attention and strategic counsel you need to navigate the complexities of the criminal justice system.
FAQs About Did the One Gun a Month Law Get Struck Down in California?
What is the 1 in 30 law in California?
The “1 in 30” law, also known as the one-gun-a-month law, was a California regulation that prohibited residents from purchasing more than one handgun or semiautomatic, centerfire rifle within a 30-day period. This law has now been struck down by a federal judge and ruled unconstitutional.
Is a straw purchase legal in California?
No, a straw purchase, where an individual legally buys a firearm and then transfers it to someone prohibited from owning one, is illegal in California and across the United States. The state had argued that the one-gun-a-month law was necessary to address this issue, but the court found that the historical evidence did not support this justification.
What is the July 1st gun law in California?
The July 1st gun law refers to the expansion of California’s one-gun-a-month restriction in 2022, which made the law applicable to any firearm or “precursor part” in addition to handguns and semiautomatic centerfire rifles. This expanded law has now been struck down along with the original one-gun-a-month regulation.
Can you buy two rifles at once in California?
Prior to the court’s ruling, California’s one-gun-a-month law prohibited residents from purchasing more than one rifle (or handgun) within a 30-day period. With the law now overturned, Californians may be able to purchase two or more rifles at the same time, subject to any other applicable state or federal regulations.