In a unanimous decision, the U.S. Ninth Circuit Court of Appeals delivered a resounding victory for individual rights, unanimously reaffirming a lower court’s judgment that California’s “one‑gun‑per‑month” law is firmly unconstitutional.
The case—Nguyen v. Bonta—was brought by a coalition of individual plaintiffs and pro-Second Amendment organizations, including the Firearms Policy Coalition and the Second Amendment Foundation.
The plaintiffs challenged California’s draconian law, which prohibits law-abiding citizens from purchasing more than one firearm within any 30-day period, according to Breitbart.
Judge Danielle J. Forrest, joined by Bridget S. Bade and John B. Owens, delivered a plain-text, history-grounded dismissal of the law.
Writing for the majority, Judge Forrest stated:
California has a “one-gun-a-month” law that prohibits most people from buying more than one firearm in a 30-day period. The district court held that this law violates the Second Amendment. We affirm. California’s law is facially unconstitutional because possession of multiple firearms and the ability to acquire firearms through purchase without meaningful constraints are protected by the Second Amendment and California’s law is not supported by our nation’s tradition of firearms regulation.
The court concluded that the government cannot limit the frequency of a citizen’s right to acquire firearms—comparing it to limiting free speech to one protest per month or religious freedom to one worship service a month.
The opinion rejected California’s typical defense that its law was meant to prevent so-called “straw purchases” and illegal gun trafficking.
The court found that there is “no historical cousin” to California’s one-gun-a-month scheme. The decision emphasized that nothing in America’s constitutional tradition justifies this kind of blanket limitation.
Hellbound and Down 