Attorney General Bonta Secures Ninth Circuit Victory Defending California’s Commonsense Gun Store Safety Measures

Court rejects sweeping constitutional challenge to law requiring firearm dealers to maintain video and audio recording systems

OAKLAND — California Attorney General Rob Bonta today announced a victory in the Ninth Circuit Court of Appeals, which upheld California’s law requiring federally licensed firearm dealers to maintain video and audio recording systems at their businesses. The Ninth Circuit’s ruling affirmed the dismissal of a lawsuit challenging California Penal Code section 26806, rejecting claims that the law violates the First, Fourth, and Fifth Amendments.

“California is taking action to make our communities safer and today’s decision confirms that we have the constitutional authority to do so,” said Attorney General Rob Bonta. “Commonsense safety measures — like mandatory security camera and recording systems at gun stores — can help support law enforcement investigations and prevent crime. My office will continue defending California’s gun safety laws against challenges designed to undermine our ability to protect Californians.”

The plaintiffs in Richards v. Newsom included firearms dealers, gun rights organizations, and private individuals. After the district court dismissed their first amended complaint, the plaintiffs appealed to the Ninth Circuit. Enacted by Senate Bill 1384 (2022, Min), California Penal Code section 26806 requires federally licensed firearm dealers to maintain a video and audio recording system on their business premises. The law is designed to assist in the prevention and investigation of firearm theft, straw purchases, and other crimes involving firearms. The California Department of Justice defended the law against the constitutional challenge in federal court.

Here is a copy of the opinion.