Federal Court Declines to Issue Injunction in CA “Assault Weapon” Lawsuit

On Wednesday, May 9, a federal district court issued an order in the case of Rupp v. Becerra denying the Plaintiffs’ motion for a preliminary injunction and granting California’s partial motion to dismiss.

Filed in direct response to several anti-gun laws enacted in 2016, Rupp challenges California’s entire “assault weapon” scheme as a violation of the Second Amendment, Takings Clause, and Due Process Clause of the United States Constitution. Part of that challenge included a request by plaintiffs for an injunction against the requirement that people wishing to register an “assault weapon” provide the date it was acquired and the name and address of the person or entity that transferred it to them as a condition of registering it. If newly classified “assault weapons” are not registered prior to the July 1, 2018, deadline, they will be illegal to possess in California thereafter.

Should the court’s ruling stand, individuals who currently own a firearm that must be registered but lack the necessary information on where and from whom it was acquired have limited options available to them. One such option is modification of the firearm. To learn how you can lawfully modify your firearm so it is no longer considered an “assault weapon” or otherwise avoid having to register, be sure to review the webinars available on CRPA’s website at https://www.crpa.org/resources/crpa-webinars/.

In the meantime, CRPA attorneys are working diligently to address this issue. If you or someone you know currently owns a firearm that must be registered as an “assault weapon” before July 1, but lack the required acquisition information, please send an email to contact@crpa.org to see what you can do to help.