Firearms

Urges Ninth Circuit to immediately halt portions of district court order blocking enforcement of certain provisions of the Act

SAN FRANCISCO — California Attorney General Rob Bonta today filed notice to appeal a district court order that would allow, for the first time in nearly two decades, firearm dealers to sell additional models of semiautomatic pistols that fail to meet the requirements of the Unsafe Handgun Act (UHA). The provisions of the UHA that are at issue are designed to prevent accidental deaths and injuries. California is also seeking from the Ninth Circuit Court of Appeals a stay of the preliminary injunction against these UHA requirements, which have been proven to prevent deaths and injuries from accidental discharge. If granted, the emergency motion to partially stay the preliminary injunction would halt the portions of the Central District of California’s order striking down the UHA’s requirements that semiautomatic pistols have a chamber load indicator and a magazine disconnect mechanism before they may be sold at retail.

“California’s commonsense gun safety laws save lives, and the Unsafe Handgun Act is no exception,” said Attorney General Bonta. “Accidental shootings are preventable. The fact that children under five are the most likely victims makes these accidental gun deaths even more tragic and inexcusable. As weapons become faster, more powerful, and more deadly, this risk only increases. Flooding the marketplace with unsafe semiautomatic pistols that do not meet necessary safety requirements poses a serious threat to public health and safety, especially for children and young adults.” 

The UHA was originally enacted over two decades ago in response to the proliferation of low-cost, cheaply made handguns that posed consumer safety risks. Under the UHA, the California Department of Justice (DOJ) compiles and maintains a Roster of Certified Handguns that meet certain public safety requirements. Generally, a handgun must appear on the roster to be sold by a California firearm dealer. 

When the UHA was first enacted, revolvers and pistols were required to have safety devices and pass drop safety and firing tests at independent laboratories in order to be added to the roster. Those requirements are not at issue in this litigation. 

The UHA has since been amended, adding additional safety requirements for semiautomatic pistols including that a new semiautomatic pistol must have:

• A chamber load indicator that indicates if the pistol is loaded;
• A magazine disconnect mechanism that prevents the pistol from firing when the magazine is not inserted; and
• Microstamping capabilities that allow law enforcement to trace a shell casing to the pistol that fired it.

 DOJ is filing an appeal to overturn the district court’s preliminary injunction, and filing an emergency motion to stay, or halt, the portions of the order that would ban enforcement of the UHA’s requirements that semiautomatic pistols for retail sale have a chamber load indicator and magazine disconnect mechanism. The motion does not seek to immediately stop the part of the court’s decision enjoining the microstamping requirement.

Attorney General Bonta's findings cite a number of serious concerns if the district court order were not halted as the state appeals to the appellate court. Semiautomatic pistol manufacturers can be expected to flood DOJ’s Bureau of Firearms with up to a thousand requests to add semiautomatic pistols that lack the three challenged UHA requirements. There are currently 800 models of handguns available for purchase in California, including 32 semiautomatic pistols with chamber load indicators and magazine disconnect mechanisms. Without a stay, manufacturers will undoubtedly seek to expand the proportion of firearms available on the primary market that lack these commonsense safety features. There is no reason or urgency to add to the market many more models of semiautomatic pistols without the UHA’s safety mechanisms, especially given the risk to public safety and research showing that in states where there are more guns, unintentional firearms death are shown to increase.

Since the UHA went into effect in 2001, accidental shootings have decreased. If the entirety of the law were ultimately overturned, it can be expected that the opposite outcome would occur. The rate of accidental shooting deaths in California decreased by two-thirds between 2014 and 2018, after chamber load indicators and magazine disconnect mechanisms were required for new models added to the Roster— compared to 1996 to 2000 — before they were required, with a 13.4 percent decrease in self-inflicted injuries and a 12.7 percent decrease in unintentional injuries during this time period, as cited by the plaintiffs in the lawsuit challenging the law.

The notice of appeal can be found here. A copy of the brief will be made available here.

Although the United States is an outlier when compared to gun violence in other wealthy nations, California has one of the lowest rates of firearm mortality in the country — 44th in the nation. Only Hawaii, Massachusetts, New Jersey, Rhode Island, New York, and Connecticut have lower firearm mortality rates.  Notably, all of these states received a “B” or better on Gifford’s Law Center’s 2021 Annual Gun Law Scorecard, an assessment of the strength of each state’s gun safety laws. California received an “A” for having “the strongest gun laws in the United States.”

This is no accident. In 2005, California’s firearm mortality was much more in line with other large states like Texas and Florida.  Since then, California has tightened its gun laws, including through its Unsafe Handgun Act.  Florida and Texas have gone in the opposite direction.  During that time period, California’s firearm mortality rate dropped, while the rate has increased dramatically in Florida and Texas. The average firearm mortality rate in the United States is 13.7 per 100,000 people. California’s stands at 8.5 per 100,000. Texas is higher than the national average, at 14.2 per 100,000. 

Find more facts and information about California’s strategy to reduce gun violence through DOJ’s Office of Gun Violence Prevention.

SACRAMENTO — California Attorney General Rob Bonta today joined a coalition of state attorneys general in filing an amicus brief supporting the Mexican government’s lawsuit against gun manufacturers to hold them accountable for their contributions to gun violence in Mexico. The brief was filed in the First Circuit Court of Appeals in the case Estados Unidos Mexicanos v. Smith & Wesson Brands, Inc. According to a 2020 report from the U.S. Government Accountability Office, the U.S. Department of Justice’s Bureau of Alcohol, Tobacco, Firearms and Explosives estimates that 70% of the firearms recovered in Mexico from 2014 through 2018 originated in the United States. In today’s brief, the attorneys general seek to overturn a district court decision dismissing the suit and argue that the federal Protection of Lawful Commerce in Arms Act (PLCAA) does not shield the companies, including Smith & Wesson, Beretta, Ruger, Glock, Century Arms, Barrett, and Colt; as well as gun distributor Interstate Arms, from accountability.

“Gun manufacturers and sellers seem to believe PLCAA gives them a free pass to make and distribute weapons they know are being trafficked and used to terrorize communities in Mexico,” said Attorney General Bonta. “In most industries, companies are well-aware that they can be held accountable when they violate the law — firearms should be no different. We urge the court to reverse the district court decision and allow this case to move forward.”

In Mexico, legally purchasing a firearm is nearly impossible. The country has one gun store and issues fewer than 50 gun permits per year. Despite this, an estimated 200,000 firearms are trafficked into Mexico from the United States every year.

PLCAA allows gun manufacturers and sellers to be held liable for their own misconduct when they knowingly violate the law. In 2022, the Mexican government filed a lawsuit against eight gun manufacturers and a distributor alleging the companies have been fully aware that their firearms are being trafficked into the country and that the companies — not a third party — knowingly violated laws applicable to the sale or marketing of firearms. 

In November, the U.S. District Court for the District of Massachusetts dismissed Mexico’s claim after concluding that the common-law claims were barred by PLCAA and that Mexico had not plausibly alleged the statutory claims. Mexico has appealed their case to the First Circuit. 

In today’s brief, the attorneys general urge the court to reverse the district court decision, as PLCAA does not shield the firearms industry from accountability for their role in fueling the rampant gun violence in Mexico. The attorneys general argue that:

• The district court’s interpretation of PLCAA intrudes on states’ authority by limiting the states’ ability to create remedies for conduct that causes harm to their residents;
• Congress did not intend to preclude actions against members of the firearm industry for their own misconduct; and
• PLCAA’s “predicate exemption” allows civil actions against a firearm industry defendant who has knowingly violated a statute applicable to the sale or marketing of a firearm or other qualified product.

A copy of the brief is available here.

Law remains in effect as California has 14 days to appeal decision 

SACRAMENTO — California Attorney General Rob Bonta today issued the following statement after the U.S. District Court for the Central District of California granted a preliminary injunction motion in Boland v. Bonta, a lawsuit challenging the constitutionality of California’s Unsafe Handgun Act:

“The fact of the matter is, California’s gun safety laws save lives, and California’s Unsafe Handgun Act is no exception,” said Attorney General Bonta. “We will continue to lead efforts to advance and defend California’s gun safety laws. As we move forward to determine next steps in this case, Californians should know that this injunction has not gone into effect and that California’s important gun safety requirements related to the Unsafe Handgun Act remain in effect."

Today’s decision is stayed for 14 days to allow the State to file an appeal and seek a further stay from the court of appeals, and the chamber load indicator, magazine disconnect, and microstamping requirements for new semiautomatic pistols remain in effect until at least that time. The district court's decision also does not disturb the State's requirement that to be available for retail sale, a semiautomatic pistol must appear on the Roster of Certified Handguns after passing other safety requirements, such as drop safety and firing tests conducted by a certified independent laboratory.

SACRAMENTO — California Attorney General Rob Bonta today, as part of a multistate coalition of 14 attorneys general, sent a letter to Visa, Mastercard, Discover, and American Express demanding the credit card companies honor their pledges to adopt and use a new merchant category code (MCC) for firearms. The code would help state and federal law enforcement crack down on illegal firearm sales and potentially assist them in identifying transactions that may predict imminent mass violence. Although the vast majority of firearm transactions reflect lawful purchases, many are unlawful and include the purchase of ghost guns and assault weapons, the purchase of firearms that will be illegally trafficked, and high risk and high-quantity purchases that could indicate potential mass shootings. The companies, who in September 2022 announced that they would adopt the code, have now put the decision on pause after several states have threatened to pass legislation barring use of the codes in their states. This decision will ultimately put the public at risk and hurt law enforcement efforts to prevent terrorism and mass shootings.

“Everyone in this country, including credit card companies, has an important part to play in our fight to save lives and combat senseless violence,” said Attorney General Bonta. “These companies have the ability to aid law enforcement in efforts to protect public safety by preventing mass shootings and terrorism, and gun deaths. This has never been more urgent ­­­— people are dying from gun violence each and every day. Every minute that these companies fail to act puts people at risk, and efforts to discourage this critical move to save lives are misguided and misleading.”­­­­­­­­­

On September 2, 2022, California Attorney General Bonta and New York Attorney General Letitia James called on credit card companies to create an MCC for firearms. Attorney General Bonta outlined that the code serves as an important tool that local, state, and federal entities can use to thwart mass shooting events before they occur. According to a New York Times report, there had been 13 shootings that killed 10 or more people in the decade before the report; at least eight of those mass shooters used credit cards to buy their weapons, including the mass shootings in Las Vegas, Nevada in 2017 (61 dead, 867 injured); Aurora, Colorado in 2012 (12 dead, 70 injured), and Orlando, Florida in 2016 (50 dead, 58 injured).

MCCs are four-digit codes maintained by the International Organization for Standardization (ISO), which classify merchants by the nature of their businesses. Financial institutions and payment networks — including Visa, Mastercard, and American Express — use the ISO standard to assign MCCs to merchants in order to determine interchange rates, assess transaction risks, and generally categorize payments. MCC codes range from general to highly specific — for example, while electric razor stores, tent stores, and leather goods stores all currently have unique codes, there is no unique code for brick and mortar gun stores: gun and ammunition retail outlets are instead classified as “miscellaneous” or “sporting goods.”

A copy of the letter is here.

MONTEREY PARK – California Attorney General Rob Bonta today issued the following statement on President Biden’s executive order taking nationwide action to prevent gun violence. Today, Attorney General Bonta will join the President in in Monterey Park to underscore the need for strong measures to reduce gun violence across the United States,including universal background checks before firearms sales, increased use of red flag laws and safe storage of firearms, accelerated law enforcement efforts to identify and apprehend shooters, and greater accountability for the gun industry.

“As we have said too many times before, thoughts and prayers alone are not enough — we need strong and decisive action,” said Attorney General Bonta. “Today President Biden joined us to demand stronger gun safety measures nationwide. California has some of the strongest gun safety laws in the nation, and one of the lowest rates of gun death but we are not immune to this uniquely American disease. When a gun is placed in the wrong hands, it is deadly. We know that commonsense, constitutional gun safety laws save lives and we have a moral and ethical obligation to enact them. I am grateful for President Biden’s leadership and support in helping to address the public health and safety crisis of gun violence.” 

Gun violence remains a growing threat to public safety throughout the nation. On average, there are over 110 gun deaths each day and nearly 41,000 each year in the U.S. Guns are the leading cause of death among children and adolescents; with U.S. children being more likely to die from gun violence than in any other comparable country.

In 2021, California saw a 37% lower gun death rate than the national average. According to the Centers for Disease Control and Prevention, California’s gun death rate was the 44th lowest in the nation, with 8.5 gun deaths per 100,000 people — compared to 13.7 deaths per 100,000 nationally, 28.6 in Mississippi, 20.7 in Oklahoma, and 14.2 in Texas. California’s gun death rate for children is also lower than other states, and is 58% lower than the national average. 

Attorney General Bonta continues his work with federal and state partners to advance laws and policies that save lives and prevent gun deaths. In 2022, Attorney General Bonta launched the California Department of Justice’s (DOJ) first-in-the-nation Office of Gun Violence Prevention, a unit dedicated to developing strategies and working with stakeholders statewide to address the gun violence epidemic. This innovative new office — the first Office of Gun Violence Prevention under the leadership of a state attorney general — will provide centralized support from the DOJ for partners to implement strategic and innovative programs to reduce gun violence.

In February, Attorney General Bonta, along with Governor Gavin Newsom, Senator Anthony Portantino, and other legislative leaders, introduced Senate Bill 2 (SB 2), to strengthen California's existing concealed carry weapon (CCW) laws in a manner consistent with the U.S. Supreme Court decision in New York Rifle and Pistol Association v. Bruen. SB 2 builds on and improves California’s existing CCW license law by enhancing the existing comprehensive licensing regime that helps ensure those permitted to carry firearms in public are responsible and law-abiding individuals who do not pose a danger to themselves or others; protecting children and young adults from gun violence by setting a minimum age requirement of 21 years of age to obtain a CCW license; advancing safety through stronger training requirements about the proper handling, loading, unloading, and storage of firearms; and safeguarding the public by identifying certain sensitive public places where guns may not be carried.

Attorney General Bonta stands with partners throughout the state to continue tackling the issue of gun violence strategically and aggressively by:

• Promoting the strong laws in place in California to temporarily remove guns from dangerous individuals and potentially prevent an oncoming tragedy through civil orders such as Gun Violence Restraining Orders, Domestic Violence Restraining Orders, as well as other orders;
• Advocating for commonsense gun laws within California by sponsoring Assembly Bill 1594 to increase accountability for the firearm industry, working to strengthen federal laws to protect the public from ghost guns, and successfully defending California’s laws to prevent gun violence and laws nationwide that protect the rights of community members to live, travel, and congregate safely and without fear of gun violence;
• Seizing guns from prohibited persons in the Armed and Prohibited Persons System, and through multiagency sweeps in the Bay Area and Los Angeles County, conducting operations targeting individuals attempting to illegally purchase guns, and collaborating with local law enforcement partners; and
• Ending the sale of illegal firearms through litigation against ghost gun retailers, and by putting a stop to the sale of illegal assault weapons in Orange County. 

LOS ANGELES — California Attorney General Rob Bonta today announced the arrest of and felony charges against a suspect with a large cache of illegal firearms, including assault weapons, high-capacity magazines, and tens of thousands of rounds of ammunition. The suspect is alleged to be legally barred from owning weapons due to a mental-health based prohibition and was listed in the Armed Prohibited Persons System (APPS) database as owning one firearm.

“This arrest demonstrates exactly why the Armed and Prohibited Persons system is vital for the safety of our communities,” said Attorney General Bonta. “In our efforts to retrieve just one gun from a prohibited individual, we found dozens of illegal weapons and thousands of rounds of ammunition. I am grateful for our Bureau of Firearms agents’ work in getting these illegal weapons out of the hands of this prohibited individual.”

Agents from the California Department of Justice’s (DOJ) Bureau of Firearms (BOF) contacted the individual at the suspect’s residence in Azusa, California to retrieve his outstanding firearm. After being denied entry to the residence and obtaining a search warrant, agents entered the residence and found four machine guns, seven assault weapons, a short-barreled rifle, four suppressors/silencers, six handguns, one shotgun, four rifles, 54 lower receivers/frames, 41 standard capacity magazines, 87 large-capacity magazines, and approximately 35,000 rounds of miscellaneous ammunition.

An image of the weapons seized can be found here.

The suspect was arrested on January 25. The suspect was charged by DOJ’s Criminal Law Division with multiple felonies, including unlawful possession of a firearm, unlawful possession of an assault weapon, intentional conversion of a firearm into a machine gun, possession of a machine gun, unlawful assault weapon activity, unlawful manufacture or possession of a short-barreled rifle or shotgun, unlawful possession of ammunition, and possession of a silencer. Arraignment was February 17 in Los Angeles County Superior Court, Pomona.

In 2006, California became the first and only state in the nation to establish a system for tracking firearm owners who fall into a prohibited status. The APPS database works to identify individuals who lawfully procured firearms and later became prohibited from owning or possessing them. In general, prohibited persons in APPS include individuals who were convicted of a felony or a violent misdemeanor, were placed under a domestic violence or other restraining order, or suffer from serious mental illness. 

DOJ’s Bureau of Firearms (BOF) serves the people of California through education, regulation, and enforcement actions regarding the manufacture, sale, ownership, safety training, and transfer of firearms and ammunition. BOF staff are leaders in providing firearms expertise and information to law enforcement, legislators, and the general public in a comprehensive program to promote legitimate and responsible firearms possession and use by California residents. BOF is looking to hire additional special agents and more information on assessments for relevant job openings can be found on DOJ's website at oag.ca.gov/careers/exams.

OAKLAND — California Attorney General Rob Bonta today issued the following statement in response to a decision by the U.S. Court of Appeals for the Fifth Circuit striking down a federal law that restricts an individual’s access to firearms when they are under a domestic violence restraining order:

“This is a dangerous decision, especially when we know that firearms are used to commit more than half of all intimate partner homicides in the United States," said Attorney General Bonta. "Californians should know that restraining orders, including Domestic Violence Restraining Orders, still prohibit the possession of firearms. These orders are an essential tool that remain in effect and may be requested at any time. I urge Californians to utilize these life-saving tools.” 

More information can be found at https://oag.ca.gov/ogvp/gvro-dvro

SB 2 protects public safety with uniform and effective licensing procedure throughout California

SACRAMENTO — California Attorney General Rob Bonta today, with Governor Newsom, Senator Anthony Portantino, and other legislative leaders, introduced legislation, Senate Bill 2 (SB 2), to strengthen California's existing concealed carry weapon (CCW) laws in a manner consistent with the U.S. Supreme Court decision in New York Rifle and Pistol Association v. Bruen. The legislation — authored by Senator Portantino and sponsored by Attorney General Bonta and Governor Newsom — would further protect the public safety of Californians by specifying who may obtain a CCW license, limiting the possession of firearms in certain sensitive locations, and advancing safety through stronger training requirements on the safe handling and storage of firearms. Gun violence remains a growing threat to public safety throughout the nation. On average, there are over 120 gun deaths each day and nearly 45,000 each year in the United States. In 2020, firearms were the leading cause of death for children nationwide. 

“The mass shooting incidents we have seen over recent weeks bring to light the need for stronger protections for our communities,” said Attorney General Rob Bonta. “The fact is, individuals who are not law-abiding, responsible citizens simply shouldn’t possess firearms — and they especially shouldn’t be allowed to carry a concealed weapon in public. When a gun is placed in the wrong hands, it is deadly. The Second Amendment is not a regulatory straitjacket — we must protect our communities. The time for thoughts and prayers has long passed: we need brave and immediate action by our leaders — here in California and beyond. We owe our community stronger protections. I urge our state leaders to quickly adopt SB 2. We can’t afford to wait even one minute more.”

“Only in America do we see the kind of carnage and chaos of gun violence that destroys our communities and our sense of safety and belonging,” said Governor Gavin Newsom. “America is number 1 in gun ownership and we far surpass every developed nation on Earth in gun deaths – it’s not complicated. In California, we’ve passed common sense gun safety laws and they work: we have a 37% lower gun death rate than the national average. We’re doubling down on gun safety and strengthening our public carry law to protect it from radical Republican attacks.”

“In the wake of the recent tragedies in Monterey Park and Half Moon Bay and the continued threat of mass shootings, it’s critical that California leads on the issue of gun safety and reform,” said Senator Anthony Portantino. “I am proud to be working with Governor Newsom, Attorney General Bonta, and activists on SB 2 to strengthen our existing concealed carry laws and ensure every Californian is safe from gun violence. We must be diligent in addressing the gun violence epidemic in our country and concealed carry laws are a key component of this.”

“The Supreme Court’s reckless Bruen decision opened up the floodgates for more guns in more places — but with this bill California once again renews its commitment to being a national leader in the fight against gun violence,” said Shannon Watts, California resident and founder of Moms Demand Action, part of Everytown’s grassroots network. “While the gun industry celebrated the ruling that put their profits over our safety, our grassroots army is proud to stand with our Gun Sense Champions in California to pass this critical bill and make our communities safer.” 

“Following the Supreme Court’s egregious decision in the Bruen case, it is vital that the Golden State take meaningful action to protect all Californians from the threat of gun violence,” said Brady President Kris Brown. “SB 2 would do just this by updating and improving the state's already strong concealed carry license system, and ensure that loaded and concealed weapons are not allowed in certain sensitive places. With SB 2, leaders in California are continuing their leadership in prioritizing the public health and safety of all its citizens. Brady applauds Senator Portantino for introducing this important bill, and thanks Governor Newsom and Attorney General Bonta for their continued leadership on this issue, and urges the California legislature to pass it without delay.”

“In the face of tragedy, California’s leaders act. They’ve led the nation on gun safety reform and made California a much safer state than most. But today, grieving communities know all too well how much more work there is to do,” said Ari Freilich, State Policy Director for Giffords. “California achieved an all-time record low gun fatality rate in 2019. But like the rest of the country, we have faced record spikes in gun sales and violence since the start of the pandemic and a flood of new weapons in public spaces as a result of the U.S. Supreme Court's dangerous Second Amendment ruling last year. Passing SB 2 will strengthen communities’ ability to respond to these threats by requiring stronger vetting and safety training to carry weapons in public and by designating vital community spaces like parks and playgrounds as off-limits to weapons throughout the state. We thank leaders like Governor Newsom, Attorney General Bonta, and Senator Portantino for their work and commitment to make all Californians safer and freer from violence.”

In 2020, more Americans died by gun death than any other year on record. Although the United States is an outlier when compared to gun violence in other wealthy nations, states with strong gun violence protections in place see fewer gun-related deaths. Already in 2023, the United States has seen 43 mass shootings, including six tragedies over the past two weeks in California in Goshen, Monterey Park, Half Moon Bay, Oakland, San Diego, and Beverly Crest — dozens of lives lost, and still more seriously injured. Despite having one of the lowest rates of gun-related deaths in the nation, California is not immune to this uniquely American problem, and has a strong interest in maintaining laws that protect the safety of its citizens. 

Research shows that strong licensing laws are effective. States that have weakened permitting laws have experienced an up to 15% increase in violent crime rates a decade after implementation. According to the Centers for Disease Control and Prevention, in 2020, California’s gun death rate was the 44th lowest in the nation, with 8.5 gun deaths per 100,000 people. California’s gun death rate for children is also lower than other states, and is 58% lower than the national average. California’s overall gun death rate is lower than that of every state that does not require permits to carry guns in public, including Mississippi with 28.6 deaths per 100,000 people; 25.9 in Wyoming; 28.6 in Mississippi; 23.9 in Missouri; 23.6 in Alabama; 23.5 in Arkansas; 21.3 in Tennessee; 20.9 in Montana; 20.7 in Oklahoma; 20.1 in Kentucky; 18.1 in West Virginia; 17.6 in Idaho; 14.2 in Texas; 13.6 in Utah; 11.6 in Vermont; 11.2 in Iowa; 10.4 in Maine; and 8.9 in New Hampshire. 

While the United States Supreme Court has concluded that the Second Amendment to the United States Constitution imposes some restrictions on states’ ability to regulate firearms, it has also recognized that the Second Amendment allows states to adopt a variety of gun regulations. For example, the Supreme Court has repeatedly recognized that states may restrict the carrying of firearms in “sensitive places” and that states may prohibit individuals who are not law-abiding, responsible citizens from carrying firearms in public. SB 2 builds on those principles and improves California’s existing CCW license law by:

• Enhancing the existing comprehensive licensing regime that helps ensure those permitted to carry firearms in public are responsible and law-abiding individuals who do not pose a danger to themselves or others;
• Protecting children and young adults from gun violence by setting a minimum age requirement of 21 years of age to obtain a CCW license;
• Advancing safety through stronger training requirements about the proper handling, loading, unloading, and storage of firearms; and
• Safeguarding the public by identifying certain sensitive public places where guns may not be carried.

The legislation may be found here. 

Defends NY rule that would require property owners’ consent for guns in homes, businesses, and private property

OAKLAND­ — California Attorney General Rob Bonta today, as part of a multistate coalition, joined an amicus brief in support of a New York law that would criminalize possession of a weapon on a person’s private property without the owner’s express consent. The brief, filed in the U.S. Court of Appeals for the Second Circuit in Christian v. Nigrelli urges reversal of a district court decision that would halt immediate enforcement of the law. The coalition of 16 attorneys general argue in the brief that New York’s restriction is one in a long line of government regulations designed to make gun possession and use safer for the public, and is a lawful exercise of states’ regulatory and police powers to enact such a law. 

 “In no way does the Second Amendment create a free-for-all rule that guns will be allowed anywhere, at any time, and for any purpose,” said Attorney General Bonta.  “New York’s law empowers property owners to determine whether and under what conditions others can bring guns onto their property and ensures that gun owners abide by the wishes of property owners; it does not interfere with the exercise of Second Amendment rights. We urge the court to overturn this decision. At a time when more Americans are dying from gun violence than ever before, States must be permitted to take commonsense actions to protect the public.”

Gun violence remains a growing threat to public safety throughout the nation. On average, there are over 120 gun deaths each day and nearly 45,000 each year in the U.S.  While the cost of a loss of life cannot be truly quantified, studies show that the economic consequence of gun violence in the nation is $557 billion annually, with the average annual cost for every American resident at $1,698. 

The Attorney General added that States have clear authority to implement reasonable measures designed to respond to the needs of their communities and protect their residents from the harms of gun violence. National surveys indicate that a majority of the public supports a “no carry” default rule prohibiting public carry in residences, places of employment, and retail establishments absent the owner’s consent. This preference was even more pronounced in New York — only 38% of respondents thought that customers should be allowed to carry firearms into retail stores by default, and only 29% thought service providers should be allowed to carry firearms into homes by default. New York’s law reflects these local preferences without interfering with Second Amendment rights. 

Although the United States is an outlier when compared to gun violence in other wealthy nations, states with strong gun violence protections in place see fewer gun-related deaths. Already in 2023, the U.S. has seen 43 mass shootings, including six tragedies over the past two weeks in California in Goshen, Monterey Park, Half Moon Bay, Oakland, San Diego, and Beverly Crest — 30 lives lost, and still more seriously injured. Despite having one of the lowest rates of gun-related deaths in the nation, California is not immune to this uniquely American problem, and has a strong interest in maintaining laws that protect the safety of its citizens

The coalition urges the Second Circuit to overturn the district court’s decision, which has been stayed pending review by the appellate court. In the brief, the coalition argues that New York’s rule should be upheld because it:

• Does not interfere with the exercise of Second Amendment rights; the Second Amendment does not include the right to carry firearms on another person’s private property without their consent;
• Sets a default rule that protects public safety and at the same time preserves the rights of both property owners and gun owners;
• Helps the public identify those privately-owned businesses that permit the carrying of firearms on the premises;
• Is consistent with default rules that currently exist in other states.

Attorney General Bonta joins the District of Columbia, Illinois, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont and Washington in filing the brief, which can be viewed here.

Files brief urging court to maintain states’ authority to limit possession and use of firearms in certain sensitive public places 

OAKLAND — California Attorney General Rob Bonta today, as part of a multistate coalition, filed an amicus brief in support of New York’s commonsense regulation and authority to prohibit the carrying of firearms in sensitive places, in particular, places of worship.  The friend of the court brief, filed in the U.S. Court of Appeals for the Second Circuit, urges the court to overturn a decision by the district court in Hardaway v. Nigrelli to block New York’s reasonable restriction against firearms in places of worship. The Attorney General urges the court to maintain states’ authority to limit the possession and use of firearms in locations where people exercise their constitutionally protected right to worship, and where large groups — including vulnerable populations such as children and the elderly — often congregate in confined spaces. 

 “The fact is, more guns in more places makes us less safe and interferes with the ability of our citizens to exercise their constitutional rights,” said Attorney General Bonta. “On Monday, we saw seven people shot in Half Moon Bay. This weekend, 11 people gunned down in Monterey Park. Less than a year ago, six people were shot during a church service in Laguna Woods. In the United States, tragedies such as these are all too common and as we see this trauma compound in our communities, we must do more, not less. We must provide the public with protection from gun violence, and respect the authority of states as they implement commonsense gun regulations to safeguard their communities.”

New York’s regulation implicates several of the key concerns that underlie other sensitive place restrictions that many states have adopted: limiting the possession and use of firearms in locations where people exercise other constitutionally protected rights, where vulnerable populations such as children and the elderly tend to congregate, and where large groups of people gather in confined spaces.   

The coalition argues that New York’s restriction on public carry of firearms in places of worship is reasonable to protect the public from a heightened risk of gun violence in such locations, and fits squarely within a long tradition of constitutionally acceptable regulations.  

Gun violence remains a growing threat to public safety throughout the nation. On average, there are over 120 gun deaths each day and nearly 45,000 each year in the U.S.  Although the United States is an outlier when compared to gun violence in other wealthy nations, states with strong gun violence protections in place see fewer firearms-related deaths.

In the amicus brief, the attorneys general urge the appeals court to reverse the district court’s order, explaining that:

• The Second Amendment allows states to implement reasonable firearm regulations to promote gun safety and protect against gun violence; and
• Consistent with regulations adopted by other states, the challenged provision addresses the dangers posed by firearms in places of worship. 

On January 19, 2023, Attorney General Bonta also joined a brief urging the United States Court of Appeals for the Second Circuit to reverse a district court decision blocking enforcement of several provisions of the same New York law. Earlier the same week, on January 17, the Attorney General filed an amicus brief in the Second Circuit in support of New York’s defense against a legal challenge to its firearm-related public nuisance statute—a law that is similar to California’s AB 1594, which the Attorney General supported to restore the right of victims to hold the firearm industry responsible for its misconduct. 

These efforts continue the ongoing work of Attorney General Bonta to protect the public from gun violence. In 2022, the Attorney General launched a first-in-the-nation Office of Gun Violence Prevention, took legal action against ghost gun retailers, advocated for and defended commonsense gun laws, worked on the ground to keep firearms out of the hands of dangerous individuals, and announced the 2021 APPS report, which reported the seizure of more than 1,400 illegally-possessed firearms through Armed and Prohibited Persons (APPS) enforcement efforts in 2021 — a 15% year-over-year increase. Attorney General Bonta also provided grants to local law enforcement to support activities related to seizing weapons from individuals prohibited from possessing them, successfully called on credit card companies to do their part to end illegal gun trafficking and mass shootings, and promoted the use of the state’s red flag laws to remove weapons from individuals who pose a danger to themselves or others.

Attorney General Bonta joins the Attorney General of the District of Columbia, Illinois, Colorado, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin in filing the amicus brief.

 A copy of the brief may be viewed here.