Unsafe Handgun “Roster” Upheld

Unsafe Handgun Law Upheld By Trial Court

A district trial court judge recently held in the case of Pena v. Harris, that the limitations under California’s Unsafe Handgun Act, which prohibits many pistols commonly sold in the rest of the country, do not violate the Second Amendment.

The “Roster” of handguns that meets the states expansive safety requirements first implemented in 1997 excludes many popular models and is getting gradually smaller due to increasing restrictions to include unworkable microstamping requirements.

In reaching its decision, the court mistakenly concluded that the Roster doesn’t burden the Second Amendment at all because it considered the Roster to be a presumptively lawful condition and qualification on the commercial sale of firearms.

All filings in the case can be viewed here: http://michellawyers.com/guncasetracker/penavcid/.

The plaintiffs are appealing the misguided ruling to the Ninth Circuit, and the NRA-CRPA legal team will support the fight on appeal.

There is also another legal challenge underway in state court. In 2014, the National Shooting Sports Foundation (NSSF) filed a lawsuit challenging California’s microstamping scheme. A copy of the press release containing a link to the lawsuit can be found here.

NSSF’s suit seeks to invalidate and enjoin enforcement of provisions of state law enacted in 2007, but not made effective until May 2013, requiring that all semiautomatic pistols sold in the state not already on the California approved handgun roster contain unproven and unreliable microstamping technology.

CRPA-NRA lawyers are also monitoring this suit and may prepare a new suit if necessary to protect the interests of California gun owners.