Update to
Boland v Bonta (CA handgun roster) -
https://www.thehighroad.org/index.p...-legal-challenges.913421/page-2#post-12539069
HUGE win for California Rifle and Pistol Association (State wing of NRA) as preliminary injunction was granted against CA's handgun roster with requirement for chamber load indicator, magazine disconnect and microstamping -
https://michellawyers.com/wp-content/uploads/2023/03/2023-03-20-Order-Granting-MPI2240711.1.pdf
ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION
The Second Amendment guarantees the right to keep and bear arms for selfdefense ... Bruen ... regulations of Second Amendment rights must be “consistent with this Nation’s historical tradition of firearm regulation.”
... California’s Unsafe Handgun Act (the “UHA”) seeks to prevent accidental discharges by requiring handguns to have particular safety features ... chamber load indicator (“CLI”) ... magazine disconnect mechanism (“MDM”) ... microstamping capability ... No handgun available in the world has all three of these features.
... In this case, Plaintiffs Lance Boland, Mario Santellan, Reno May, Jerome Schammel, and California Rifle & Pistol Association, Incorporated, allege that the UHA’s CLI, MDM, and microstamping requirements are unconstitutional, contending that they violate the Second Amendment under Bruen. Before the Court is Plaintiffs’ motion for a preliminary injunction enjoining California from enforcing those requirements. Because the plain text of the Second Amendment covers Plaintiffs’ proposed course of conduct of purchasing state-of-the-art handguns, and the UHA’s CLI, MDM, and microstamping requirements are not consistent with this Nation’s historical tradition of firearm regulation, Plaintiffs’ motion is GRANTED.
... Californians have the constitutional right to acquire and use state-of-the-art handguns to protect themselves. They should not be forced to settle for decade-old models of handguns to ensure that they remain safe inside or outside the home. But unfortunately, the UHA’s CLI, MDM, and microstamping requirements do exactly that. Because enforcing those requirements implicates the plain text of the Second Amendment, and the government fails to point to any well-established historical analogues that are consistent with them, those requirements are unconstitutional and their enforcement must be preliminarily enjoined. Accordingly, Plaintiffs’ motion for a preliminary injunction is GRANTED.
PRELIMINARY INJUNCTION
NOW, THEREFORE, IT IS HEREBY ORDERED that Defendant Attorney General Robert Bonta, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order or know the existence of this injunction order, ARE HEREBY PRELIMINARILY RESTRAINED AND ENJOINED from implementing or enforcing California Penal Code sections 31910(b)(4)–(6), or from otherwise preventing the retail sale of handguns that do not have a chamber load indicator, a magazine disconnect mechanism, or microstamping capability but that meet the other requirements of the Unsafe Handgun Act.
This preliminary injunction shall not take effect until fourteen days from the date hereof to allow the government to file an appeal and seek a further stay of this preliminary injunction.
CORMAC J. CARNEY
UNITED STATES DISTRICT JUDGE
]
