SAN FRANCISCO, CA (June 16, 2021) — This morning, California Attorney General Rob Bonta filed a reply brief in support of the State’s “emergency” motion to stay enforcement of the injunction in FPC’s Miller v. Bonta challenge to California’s unconstitutional ban on so-called “assault weapons.” Yesterday, 22 states filed an impactful amicus brief in support of FPC’s opposition to the stay, led by Arizona Attorney General Mark Brnovich and his office, arguing that California’s ban was properly declared to be unconstitutional and that the District Court’s injunction should be allowed to take effect on July 4. These and other court filings, as well as FPC’s other statements on the case, can be viewed at AssaultWeaponLawsuit.com.
California’s reply brief argues that the State “and its citizens would suffer irreparable harm if the district court’s judgment took effect and allowed [the banned] weapons to flow into the State,” and that “Defendants are likely to succeed in showing that the AWCA leaves law-abiding citizens with ample alternative means of effective self-defense...”
In contrast to California’s arguments, the states of Arizona, Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, West Virginia, and Wyoming argue that modern rifles “are most often used by law-abiding citizens for lawful purposes like personal protection or target and sport shooting” and that “when California enacted a statewide ban on the mere possession of modern rifles, it destroyed the core of the Second Amendment right.” The States’ brief further explains that California’s ban fails both the Supreme Court’s Heller test as well as intermediate scrutiny, and accordingly, “respectfully request that the Court deny Appellants’ emergency stay request.”
On behalf of the Miller plaintiffs-appellants and our members and supporters, FPC thanks Attorney General Brnovich, his staff, and all of the amici States and signatories for their principled support of this incredibly important case.
FPC will continue to fight for the fundamental rights of all people in this and other lawsuits, and provide further updates and case filings at AssaultWeaponLawsuit.com.
Individuals who wish to support the Miller v. Bonta lawsuit can join the FPC Grassroots Army for just $25 or make a donation at JoinFPC.org.
Firearms Policy Coalition and its FPC Law team are the nation’s next-generation advocates leading the Second Amendment litigation and research space. Some FPC legal actions include:
- A challenge to California’s ban on so-called “assault weapons” (Miller v. Bonta) that resulted in a post-trial judgment and permanent injunction against the challenged regulations, the first such victory in United States history
- A challenge to California’s handgun “roster”, microstamping, and self-manufacturing ban laws (Renna v. Bonta)
- A challenge to California’s firearm purchase rationing ban (1-in-30 day limit) (Nguyen v. Bonta)
- A brief supporting certiorari in NYSRPA v. Bruen, which was granted by the U.S. Supreme Court
- A challenge to Minnesota’s ban on handgun carry by adults under 21 (Worth v. Harrington)
- A challenge to Illinois’ ban on handgun carry by adults under 21 (Meyer v. Raoul)
- A challenge to Georgia's ban on handgun carry by adults under 21 (Baughcum v. Jackson)
- A challenge to Tennessee’s ban on handgun carry by adults under 21 (Basset v. Slatery)
- A challenge to Maryland’s ban on handgun carry (Call v. Jones)
- A challenge to New Jersey’s ban on handgun carry (Bennett v. Davis)
- A challenge to New York City’s ban on handgun carry (Greco v. New York City)
- A challenge to Pennsylvania’s ban on handgun carry by adults under 21 (Lara v. Evanchick)
- A challenge to the federal ban on the sale of handguns and handgun ammunition to adults under 21 years of age (Reese v. ATF)
- A challenge to Maryland’s ban on so-called “assault weapons” (Bianchi v. Frosh)
For more on these cases and other legal action initiatives, visit FPCLegal.org and follow FPC on Instagram, Twitter, Facebook, YouTube.
Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. FPC Law (FPCLaw.org), the nation’s largest public interest legal team focused on the Right to Keep and Bear Arms, lead the Second Amendment litigation and research space.