Firearms

Files brief in support of New Jersey law prohibiting guns in public places such as schools, libraries, and places of worship 

OAKLAND — California Attorney General Rob Bonta today, joined a coalition of 18 attorneys general in filing an amicus brief in support of states’ rights to enact laws that protect their residents from gun violence. In the brief, the attorneys general urge the U.S. Court of Appeals for the Third Circuit to reverse a decision by a district court blocking enforcement of a New Jersey law, which places reasonable restrictions prohibiting the carrying of firearms on private property without consent and in public places like bars, airports, and places of worship. The brief argues that the law is in line with a long tradition of constitutionally acceptable regulations designed to meet states’ responsibility to protect their residents from gun violence.
 
“At the California Department of Justice, we believe in the power of commonsense gun laws to protect our communities,” said Attorney General Bonta. "Nobody should have to fear gun violence while at work, in school, or in prayer. That’s why laws such as New Jersey’s are critical — they keep guns away from sensitive community places where people gather to travel, learn, and work. My office will continue fighting to protect California families from this epidemic of gun violence.”
 
The coalition supports New Jersey in its effort to overturn a district court decision in Koons v. Platkin finding the law to be likely unconstitutional. The attorneys general urge the appeals court to reverse the district court’s order arguing that the law fits within a long tradition of constitutionally permissible gun regulations. New Jersey’s list of sensitive places where firearms are prohibited — including sites of demonstrations and events, zoos, parks, beaches, libraries, museums, bars and restaurants where alcohol is served, theaters, stadiums, casinos, health care facilities, vehicles, and private property held open to the public — is reasonable and necessary to protect the public from a heightened risk of gun violence in such locations.

A copy of the brief can be found here.

OAKLAND — California Attorney General Rob Bonta, as part of a coalition of 20 attorneys general, filed a brief in support of a Minnesota law setting the minimum age at 21 for securing a permit to carry a handgun in public. The case, Worth v. Jacobson, is currently pending in the U.S. Court of Appeals for the Eighth Circuit. The coalition’s brief argues that a lower court erred in its decision to strike down the law as unconstitutional under the Second Amendment and that the court’s reasoning could undermine efforts by states to protect their citizens through the application of similar age-limitations laws. In fact, a majority of states across the nation impose some age-based restrictions on the possession, purchase, or use of firearms reflecting their collective judgment that such laws promote public safety and curb gun violence within their borders.

“States must have the ability to protect their citizens and communities from gun violence,” said Attorney General Bonta. “The district court's decision to overturn Minnesota's law is inconsistent with our nation's historical tradition as well as longstanding state and federal laws imposing age-based restrictions on the purchase and possession of firearms.  We stand with Minnesota and other states in their effort to curb gun violence through these kinds of commonsense laws that improve public safety."

In the brief, the states assert that Minnesota’s law is constitutional under the Second Amendment and is consistent with states’ authority and a historical tradition of state regulations promoting gun safety and protecting communities from gun violence. The coalition argues that the district court’s decision to strike down Minnesota’s law misreads the U.S. Supreme Court’s Bruen decision, which preserves states’ authority to regulate firearms through laws that are “consistent with the Second Amendment’s text and historical understanding.”

Attorney General Bonta urges the Court of Appeals to overturn the district court decision because:

• The Second Amendment allows states to enact varied measures to promote gun safety and protect against gun violence consistent with historical tradition, and states have long exercised this power by enacting laws to promote safety, prevent crime, and minimize gun violence within their borders.
• Minnesota’s age-based restrictions are consistent with measures taken by other states and fall comfortably within states’ authority to regulate firearms. A majority of states and the District of Columbia impose age-based restrictions regarding the use, purchase, or possession of firearms, and a majority of states have determined that those under the age of 21 should be more restricted in their ability to carry firearms in public. Courts have previously upheld these restrictions relying on the historical record as is now required by Bruen.

This continues the ongoing work of Attorney General Bonta to protect the public from gun violence. Recently, 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 Senate Bill 2 (SB 2), to strengthen California's existing concealed carry weapon (CCW) laws. California’s Assembly Bill 1594 (AB 1594), which was sponsored by Attorney General Bonta and signed into law in July 2022, creates a pathway for Californians who have been harmed by gun violence to hold the appropriate parties — including gun manufacturers and distributors — accountable. AB 1594 went into effect in California on July 1, 2023. 

Attorney General Bonta also provided grants to local law enforcement to support activities related to seizing weapons from individuals prohibited from possessing them, 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 attorneys general of Illinois, Arizona, Colorado, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, Michigan, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia in filing the brief.

A copy of the brief can be found here. 

VISALIA — California Attorney General Rob Bonta today announced the arrest of two suspects in Visalia found with dozens of illegal weapons, including machine guns and ghost guns, ammunition and equipment and parts used for the manufacture of ghost guns. The operation was conducted on June 6 by the Tulare County Agencies Regional Gun Violence Enforcement (TARGET) Task Force led by the California Department of Justice (DOJ), and assisted by the Visalia Police Department and the Tulare County Sheriff’s Office SWAT Teams.

“Firearms built at home by individuals who have not passed a background check and have not had their guns properly serialized leave law enforcement in the dark and endanger our communities,” said Attorney General Bonta. “These arrests have made the Visalia community that much safer, thanks to the work of the special agents from the California Department of Justice and our law enforcement partners in Tulare County. My office will continue to work actively every single day to end this gun violence epidemic and keep Californians safe.”

After obtaining a search warrant, investigators recovered three machine gun pistols (two of which were ghost guns), one ghost gun handgun, one handgun that was determined to be stolen, one AR-15 style machine gun/short-barrel ghost gun rifle, one AR-15 style short-barrel ghost gun rifle, one AK-47 style assault rifle, one short-barrel shotgun, and two AR-15 style unserialized lower receiver/frames, four drum magazines, eleven large-capacity magazines, six standard-capacity magazines, and approximately 650 live rounds of ammunition, along with jigs for manufacturing ghost guns, multiple firearms parts, accessories and tools used in the manufacturing of ghost guns and machine guns, one ounce of suspected cocaine, and evidence consistent with drug sales.

One suspect was arrested for the possession of a machine gun, manufacturing of a machine gun, possession of an unregistered assault weapon, manufacturing of an assault weapon, possession of a short-barrel rifle and shotgun, possession of a stolen handgun, manufacturing of an unserialized handgun, and criminal storage of firearms. The second suspect was arrested for possession of a machine gun, manufacturing of a machine gun, manufacturing of an unserialized handgun, possession for sales of a controlled substance, and possession of a controlled substance while armed.

This case will be submitted to the Tulare County District Attorney's Office for consideration of the applicable charges. It is important to note that a criminal complaint, once filed, contains charges that must be proven in a court of law. Every defendant is presumed innocent unless or until proven guilty.

DOJ collected 1,437 firearms through the APPS program, including 521 firearms that were not part of the database and 54 ghost guns

DOJ contacted more individuals than ever before — approximately 24,000

SACRAMENTO – California Attorney General Rob Bonta today announced the release of the 2022 Armed and Prohibited Persons System (APPS) annual program report. 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 procured firearms and later became prohibited from legally owning them. It remains the only system of its kind in the nation. In general, prohibited persons in APPS include individuals who were convicted of a felony or violent misdemeanor, were placed under a domestic violence or other restraining order, or suffer from serious mental illness. Through the APPS program in 2022, DOJ recovered 1,437 firearms — including 712 handguns, 360 rifles, 194 shotguns, 80 assault weapons, 54 ghost guns, 43 receivers or frames, 3 short-barreled shotguns, and 1 machine gun. Agents also seized 308 large-capacity magazines, 2,123 standard capacity magazines, and 281,299 rounds of ammunition through APPS enforcement actions. As of January 1, 2023, there were 3,347,221 known registered firearm owners in California of which 23,869 are prohibited from owning or possessing firearms, making up less than 1%. 

“As California’s chief law enforcement officer, protecting public safety and our communities from the threat of gun violence is my top priority,” said Attorney General Bonta. “I’m proud of the work our Special Agents do on behalf of the people of California. These brave agents are rarely in the spotlight, but they are working every day to prevent gun violence from ever happening by removing dangerous weapons from communities. When guns are in dangerous hands, it puts the public at risk.  We will continue working with the Governor’s Office, Legislature, and our local partners to address gun violence.”

The Bureau of Firearms (BOF) within the California Department of Justice's (DOJ) Division of Law Enforcement leads the DOJ’s APPS efforts. The 2022 APPS report provides an analysis of the APPS database and an overview of the Gun Violence Reduction Program grant. It also describes how BOF staff and Special Agents increased enforcement efforts after COVID-19 restrictions were lifted, decreased staff vacancies, and collaborated with local law enforcement.

Key statistics from the 2022 report include: 

• DOJ recovered 1,437 firearms as part of the APPS program in 2022. Of these, 916 were firearms identified in the APPS database and 521 were not previously known to be associated with a prohibited individual in APPS.
• Agents seized 54 ghost guns, a 38% increase from 2021, and a 575% increase since 2018, when DOJ seized 8 ghost guns.
• In 2022, DOJ investigated approximately 7,946 individuals who were identified as armed and prohibited persons in the APPS database.
• More individuals were removed from the prohibited list than added in 2022. Of the 9,917 prohibited people removed from the APPS database this year, 3,598 removals were the result of enforcement efforts – 377 more removals compared to 2021, an increase of almost 12%. 
• As of January 1, 2023, the APPS database contained 23,869 armed and prohibited persons. Of these, 9,294 cases were Active. The remaining 14,575 cases were listed as Pending. Pending cases are generally ones in which DOJ has thoroughly analyzed the case and exhausted all investigative leads or determined that the person is not within the DOJ’s jurisdiction.
• Last year, Special Agents made nearly 24,000 contacts based on an average of 57 contacts per month per agent. This is the highest number of contacts since the APPS program came into existence.
• As of January 1, 2022, the BOF had 76 authorized permanent Special Agent Trainee, Special Agent, Special Agent Supervisor and Special Agent in Charge positions. Of those positions, 53 were filled and 23 were vacant. By December 2022, BOF continued to have 76 authorized permanent positions, of which 64 were filled and 13 were vacant.

In response to the overall increase in ghost gun seizures across the state, BOF will be expanding its investigative efforts focused on ghost guns. DOJ is actively working with law enforcement partners to establish collaborative investigative efforts aimed at addressing ghost gun activity. Ghost guns are firearms constructed by private citizens that do not have a serial number, which means they are not registered. By definition, ghost guns do not appear in the APPS database and cannot be tracked by law enforcement. BOF agents seized a total of 54 ghost guns in 2022, a 38% increase compared to the 39 ghost guns seized during 2021 APPS investigations.

When looking at data from the Unique Serial Number Application (USNA) process, which shows how many California residents have applied to legally make personally manufactured firearms, there has been a slight decline in applications since 2018. However, the number of illegal ghost guns seized by law enforcement agencies continues to rise. This contrast demonstrates illegal ghost guns remain difficult to track and represent a persistent threat to public safety. DOJ is actively combating illegal manufacturing and possession of ghost guns by bringing legal action against the Bureau of Alcohol, Tobacco, Firearms and Explosive (ATF) and ghost gun manufacturers.

To maximize its investigative efforts, DOJ uses information from recently denied ammunition eligibility checks of APPS individuals who had attempted to purchase ammunition. In 2022, the DOJ received reports of 194 armed and prohibited individuals who attempted to purchase ammunition and were denied through the ammunition eligibility check process. BOF agents used these reports to investigate 194 individuals and seize 56 firearms, four large-capacity magazines, 55 standard magazines, and 6,621 rounds of ammunition.

2022 APPS Operations

DOJ collaborates with local law enforcement agencies (LEA) throughout the state in individual APPS operations, as well as sweeps, or operations that occur over multiple days within a specific area. A list of operations can be found at the back of the report. Some notable examples include: 

Los Angeles County: In February, agents completed a five-day sweep in Los Angeles County that targeted APPS suspects in 51 cities in Los Angeles County and resulted in 13 arrests, as well as the seizure of 114 firearms — including assault weapons, ghost guns, lower receivers, handguns, rifles and shotguns — as well as 49,148 rounds of ammunition, and 87 high-capacity magazines. 

Bay Area: In January, agents from throughout the state consolidated their investigative efforts in a three-day sweep in Bay Area with local and federal law enforcement. The teams thoroughly analyzed and exhausted their leads in 338 cases in the counties of Contra Costa, Santa Clara, San Francisco, San Mateo, Sonoma, and Solano. The sweep resulted in the seizure of 30 firearms and eight arrests.

Orange County: In October, DOJ and the Costa Mesa Police Department (CMPD) arrested a suspect in Costa Mesa after a more than eight-hour standoff involving special agents and CMPD officers. The suspect, Luis Mendez Jr., was prohibited from owning firearms due to a misdemeanor conviction for domestic violence, and had an active misdemeanor arrest warrant. The special agents had a warrant to seize his weapons and attempted to serve that warrant when Mendez discharged a firearm. After more than eight hours of negotiations, Mendez surrendered and was placed under arrest with no injuries sustained by law enforcement or Mendez. Officers recovered a rifle, a shotgun, and multiple handguns at the scene. 

Riverside County:  During the month of August, DOJ collaborated with Menifee Police Department to serve a search warrant that resulted in the seizure of 54 guns — including two AR-15 style assault rifles, two UZI assault weapons, and 35 handguns — as well as 157 magazines and 2,200 rounds of ammunition from two individuals in Riverside County, one of whom was prohibited from possessing firearms.

Sacramento County: In October, Special Agents with the assistance of the Elk Grove Police Department Special Weapons and Tactics (SWAT) Team, served a search warrant at an APPS subject’s residence. As a result of the search warrant, agents seized one AR-15 style rifle machine gun, one AR-15 style pistol machine gun, one Polymer 80 handgun (ghost gun) with a full-auto switch attached, one stolen handgun, one complete Polymer 80 handgun (ghost gun), three suppressors, 15 ghost gun receivers/frames, 15 large capacity magazines, and approximately 1,200 rounds of ammunition. Special Agents also located ten 3D-printed handgun receivers and frames, two 3D printers, and filament for the printers. 

Gun Violence Reduction Program

To expand upon collaborative efforts, on January 1, 2022, DOJ awarded the first cycle of grant funding to county sheriff’s departments to support seizures of firearms and ammunition from prohibited individuals through the new Gun Violence Reduction Program. 

In the first grant cycle, DOJ awarded over $4.9 million to 10 county sheriff’s departments to support activities related to seizing weapons and ammunition from individuals prohibited from possessing them. The sheriffs of Contra Costa, Lake, Los Angeles, Orange, Sacramento, San Francisco, Santa Barbara, Santa Clara, Santa Cruz, and Ventura counties were awarded grants. The continued expansion of these collaborative efforts is an important tool with the common goal of protecting public safety.  

About the 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 here: oag.ca.gov/careers/exams.  

A copy of the report can be found here. 
A video about APPS can be found here. 

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.