SAN FRANCISCO, CA (December 22, 2023) – Today, Firearms Policy Coalition (FPC) announced the filing of its response brief with the Ninth Circuit Court of Appeals in its lawsuit challenging California’s ban on so-called “assault weapons.” The brief is the latest step in California’s appeal after the district court judge ruled in favor of FPC and struck down the state’s ban as unconstitutional under the Second Amendment. The brief in Miller v. Bonta can be viewed at FPCLaw.org.
“The district court correctly held that the arms banned under the challenged provisions are ‘in common use’ today for lawful purposes,” argues the brief. “That alone is dispositive of this case, but even considering the varied analogues proposed by the State to support its ban, the historical record demonstrates that California’s ban on common rifles, handguns, and shotguns is an extreme historical outlier compared to any historical law restricting, in some way, the possession or carriage of weapons. Indeed, it is utterly unlike any historical law in the way it establishes a blanket ban on a category of firearms (of the State’s creation) despite the fact that those firearms are among the most popular in the country.”
“Put simply, this brief demonstrates exactly why California’s ban is blatantly unconstitutional, why we defeated the state at the district court, and why the Ninth Circuit should also rule in our favor,” said Cody J. Wisniewski, FPC Action Foundation’s General Counsel and Vice President, and counsel for FPC. “It has already been well briefed, well argued, and well documented that California’s ban of commonly owned firearms blatantly violates the Second Amendment and fails to meet the analysis prescribed by the Supreme Court in Heller and Bruen. All that is left is for the Ninth Circuit to uphold our win at the district court.”
FPC is joined in the litigation by California Gun Rights Foundation, San Diego County Gun Owners PAC, and the Second Amendment Foundation.
Individuals who would like to join the FPC Grassroots Army and support important pro-rights lawsuits and programs like these can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, X (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) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.