BIG WIN! Injunction Back In Place On “1 in 30” Law
We are thrilled that a Ninth Circuit panel has lifted the stay on the district court’s injunction in Nguyen v. Bonta, a case challenging California’s limit of one gun purchase per 30 days. With the district court’s judgment back in effect, Californians can now legally purchase as many firearms at one time as they please.
Attorney Kostas Moros checked in with CRPA TV today to discuss the impact of this decision.
WATCH NOW!
Previously, we announced that CRPA, along with the Second Amendment Law Center, and Operation Blazing Sword-Pink Pistols filed an amicus brief in support of the plaintiffs in Nguyen. We did so because this rule has been a nuisance to gun owners while doing nothing to stop criminals, who do not acquire their firearms through licensed dealers that run background checks anyway.
The rule also increased the expense for purchasers who intend to buy more than one gun because, by making them wait 30 days before the next gun can be purchased, they had to incur the nearly $40 DROS fees all over again. The district court correctly ruled for the plaintiffs, but as always, the Ninth Circuit put a stay on that ruling pending appeal.
The Ninth Circuit heard oral argument on August 14 and, apparently, it went very poorly for the State. The very next day, the panel decided to revoke the stay and allow the district court’s judgment to go into effect. This is highly unusual, as normally once a stay is issued, it remains in place until the written appellate opinion is published, even if the panel rules against the government. The panel deciding it could not even justify leaving the stay in place just goes to show how exceptionally weak the State’s arguments were.
CRPA congratulates the Nguyen plaintiffs on this important win and we were pleased to file an amicus brief in their support!