header image

[Sign Up Now] to Receive Our FREE Daily SCVTV-SCVNews Digest by E-Mail

Inside
Weather


 
Calendar
Today in
S.C.V. History
April 27
1971 - Tejon Ranch Co. allows Fire Dept. to torch the historic Hotel Lebec [story]
Lebec Hotel fire


The latest California regulations targeted by gun enthusiasts involve device safety requirements, including technology to stamp bullet casings with the make, model and serial number of the firing gun.
| Thursday, Apr 6, 2023
Handguns
John Parkin, co-owner of Coyote Point Armory displays a handgun at his store in Burlingame, Calif., Thursday, June 23, 2022. (AP Photo/Haven Daley)


By Sam Ribakoff

SAN DIEGO (CN) — A federal judge has ordered California to stop enforcing important components of its handgun control laws after a group of gun owners and gun lobbying groups sued claiming the laws violate their Second Amendment rights.

The lawsuit revolves around provisions of California’s Unsafe Handgun Act. The act requires that all handguns manufactured and sold in the state to meet safety device and testing requirements, like a chamber load indicator, visual indicators that show there’s a round in the chamber of a gun, a magazine disconnect mechanism and a microstamp — characters imprinted on bullet casings which can be used to identify the make, model, and serial number of the gun it was fired from. The law also requires the California Department of Justice to keep a roster of all guns that have been tested for safety by the state, and gunmakers must pay an annual fee to keep their products on the roster.

The plaintiffs claim all of the provisions violated their Second Amendment rights to buy handguns, especially new handgun designs. But the state argues the laws don’t restrict people from buying handguns — just ones not on the roster.

Chief U.S. District Judge Dana Sabraw sided with the plaintiffs as to the load indicator, magazine disconnect mechanism, and microstamping requirements, noting that no gun manufacturers in the U.S. microstamp their guns.

“These handguns are sold throughout the United States, in 47 states. California is a distinct outlier,” Sabraw, a George W. Bush appointee, wrote in a preliminary injunction order issued Friday. “If the commercial sales limitation identified in Heller were interpreted as broadly as the state suggests, the exception would swallow the Second Amendment.”

Sabraw added that the Second Amendment doesn’t make a distinction between makes and models of guns.

“All handguns are covered, so long as they are in common use. Thus, plaintiffs’ ability to commercially purchase off-roster semiautomatic handguns falls within the plain text of the Second Amendment and is presumptively protected,” he wrote.

The judge stayed his order pending appeal.

Sabraw, who has been with this case since it was filed in November of 2020, made his decision based on two recent court decisions. The first one, last year’s Supreme Court case New York State Rifle & Pistol Association, Inc. v. Bruen, held New York’s concealed carry laws were unconstitutional, that carrying a gun in public is a constitutional right, and that a local government has to justify its own gun regulations by showing they’re consistent with gun regulations in the country’s past.

When California’s lawyers pulled out laws from Massachusetts, Maine and New York from the 18th and 19th centuries that regulated state inspection of guns and the storage of gunpowder, Sabraw knocked the arguments down. “The 1783 Massachusetts law, 1792 New York City statute, and 1821 Maine law are not analogues to the challenged provisions of the Unsafe Handgun Act. Those laws regulated the storage of gunpowder and loaded firearms with gunpowder for fire safety reasons, not gun operation safety reasons.”

The second case Sabraw cited is a very similar case in the Central District of California — a March 20 ruling that barred the state’s ban on the sale of semiautomatic guns that don’t have a chamber load indicator, magazine disconnect mechanism, or microstamped cartridges.

The challenge before Sabraw predates the Central District case and presents a broader argument against California’s gun regulations according to Bill Sacks, one of the plaintiff’s attorneys in the Southern District case, and the director of legal operations for the Firearms Policy Coalition.

Sacks said the original formulation of their case was against the state’s 3-to-1 rule, which required that the state remove three grandfathered handguns for every new handgun added to the handgun roster.

The plaintiffs then amended the complaints to respond to new gun control laws.

“This one in particular is a big deal. It’s a big win for us, and for the people of California,” he said. “It’s a big step in the right direction.”

Sacks said gun lobbyists are pursuing a similar case in Massachusetts to strike down their gun control regulations.

Sacks said he expects the state to appeal. He doesn’t know yet if his clients are going to appeal the limited nature of Sabraw’s injunction.

California Attorney General Rob Bonta’s office said the state is reviewing the order and will respond in court, but noted Sabraw stayed his order pending appeal and the Ninth Circuit granted a stay in the other case.

In a statement following the ruling in the Central District case, Bonta wrote: “California’s commonsense gun safety laws save lives, and the Unsafe Handgun Act is no exception. 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.”

Comment On This Story
COMMENT POLICY: We welcome comments from individuals and businesses. All comments are moderated. Comments are subject to rejection if they are vulgar, combative, or in poor taste.
REAL NAMES ONLY: All posters must use their real individual or business name. This applies equally to Twitter account holders who use a nickname.

1 Comment

  1. v908 says:

    Microstamping is not a “commonsense gun safety” feature. Criminals don’t care about things like this, they’ll just file off the stamping pin, or leave it (if they stole the gun) because they won’t care (can’t be traced to them). This won’t do anything to reduce gun violence, it just reduces firearm availability to law-abiding citizens. Stop making it harder for law-abiding citizens to defend themselves from the criminals our DA’s keep releasing onto the streets!

Leave a Comment


SCV NewsBreak
LOCAL NEWS HEADLINES
Friday, Apr 26, 2024
$4.1 Million Grant Program for Small, Micro Businesses in L.A. County
The Los Angeles County Department of Economic Opportunity and the County Film Office, in partnership with Los Angeles County Board of Supervisor Chair Lindsey P. Horvath and Fifth District Supervisor Kathryn Barger, unveiled a new $4.1 million grant program to provide relief to small and micro businesses affected by both COVID-19 and the 2023 Hollywood double strikes.
Friday, Apr 26, 2024
June 8: Saugus High Instrumental Music Program Rummage Sale
Join the Saugus Instrumental Music Program at Saugus High School for a fun community event. Get ready, Santa Clarita, for an unforgettable morning of shopping, entertainment and support. The Saugus Instrumental Music Program Rummage Sale, where treasures abound and bargains await will be held Saturday, June 8, 7 a.m. to 1 p.m.
Friday, Apr 26, 2024
May 11: Placerita Canyon Nature Center Open House
The Placerita Canyon Nature Center Associates invite residents of the Santa Clarita Valley to the annual Placerita Canyon Nature Center Open House event to be held Saturday, May 11, 10 a.m. to 2 p.m.
Keep Up With Our Facebook

Latest Additions to SCVNews.com
1971 - Tejon Ranch Co. allows Fire Dept. to torch the historic Hotel Lebec [story]
Lebec Hotel fire
In the Roaring ’20s in the big city, if there’s enough “razzle dazzle,” you just might get away with murder. That’s the premise of the hit musical “Chicago,” which has enjoyed success for nearly 50 years, and was based on true-crime stories of a century ago.
May 2-4: ‘Chicago’ On Stage at West Ranch High School
California Institute of the Arts will present the annual CalArts Expo on Saturday, May 2. The Expo is an institute-wide event featuring interdisciplinary creative work from the CalArts community, ranging from current students to internationally renowned faculty and alumni creators.
May 2: Annual Cal Arts Expo Open to the Public
Blue Heat, the Saugus High School show choir team, ended its competition season on April 12 with a first-place finish in the mixed division Tier IV at John Burroughs Music Showcase 2024 held in Burbank. The team also won the awards for Best Musicianship and Best Showmanship.
Saugus High Show Choir Captures Awards at Music Showcase
Against a backdrop of cinematic magic at Nickelodeon Animation Studios in Burbank, California Institute of the Arts honored the transformative power that philanthropy has had in nurturing the dreams of CalArts students.
CalArts Honors Scholarship Donors at Nickelodeon Event
Two classic one-act comedies written by the late James McLure are coming to The Main in Old Town Newhall for a two-weekend run starting Friday, May 10.
May 10: Two Classic One Act Comedies Open at The Main
The Los Angeles County Department of Economic Opportunity and the County Film Office, in partnership with Los Angeles County Board of Supervisor Chair Lindsey P. Horvath and Fifth District Supervisor Kathryn Barger, unveiled a new $4.1 million grant program to provide relief to small and micro businesses affected by both COVID-19 and the 2023 Hollywood double strikes.
$4.1 Million Grant Program for Small, Micro Businesses in L.A. County
Join the Saugus Instrumental Music Program at Saugus High School for a fun community event. Get ready, Santa Clarita, for an unforgettable morning of shopping, entertainment and support. The Saugus Instrumental Music Program Rummage Sale, where treasures abound and bargains await will be held Saturday, June 8, 7 a.m. to 1 p.m.
June 8: Saugus High Instrumental Music Program Rummage Sale
The Placerita Canyon Nature Center Associates invite residents of the Santa Clarita Valley to the annual Placerita Canyon Nature Center Open House event to be held Saturday, May 11, 10 a.m. to 2 p.m.
May 11: Placerita Canyon Nature Center Open House
1906 - Bobby Batugo, World Champion Mixologist in the 1970s, born in The Philippines [story]
Bobby Batugo
Starting Monday, April 29, construction on the South Fork Trail will begin to replace a portion of the lodgepole fencing, the city of Santa Clarita announced.
South Fork Trail Construction to Begin April 29
College of the Canyons dual-sport athlete Sam Regez will continue his career at University of Portland with plans to run on both the cross country and track and field programs.
COC Standout Sam Regez Signs with University of Portland
An entertainment industry initiative to support the voices of California State University, Northridge film and TV students was celebrated with a recent screening of stories they created. 
‘Changing Lenses’ Initiative Lends Voice to CSUN Film, TV Students
How important is Film and Tourism to the Santa Clarita Valley Economy? 
SCVEDC Delves into Santa Clarita Film, Tourism Impact
Earlier this month, a team of biology students at The Master’s University won a distinguished award at one of the oldest intercollegiate research conferences in the country.
TMU Biology Students Earn Recognition at Annual Research Conference
Lisa Zamroz has announced her intent to step down as the head coach of The Master's University's women's basketball team effective July 1, 2024.
TMU Women’s Basketball Coach to Resign
Spring heralds a time of renewal and rejuvenation, not just in the natural world, but within our homes and lives as well.
Cameron Smyth | Spring Cleaning Your Neighborhood
College of the Canyons student-athletes Gigi Garcia (softball) and Hannes Yngve (men's golf) have been named the COC Athletic Department's Women's and Men's Student-Athletes of the Week for the period running April 15-20.
COC Names Gigi Garcia, Hannes Yngve Athletes of the Week
California Institute of the Arts' Community Weekend kicks off on Friday, April 26 and runs through Sunday, April 28.
April 26-28: Community Weekend Returns to CalArts
May is National Foster Parent Appreciation Month! Celebrate by applying to become a resource parent and fostering or foster-adopting siblings.
May 16: Children’s Bureau Foster Care Orientation
Santa Clarita resident Edina Lemus has been appointed Administrator of the Veterans Home of California in Lancaster by California Gov. Gavin Newsom.
Newsom Appoints SCV Resident Veterans Home Administrator
The California Department of Transportation has scheduled Lane Closures on the northbound and southbound State Route 14 between Technology Drive in Palmdale and Avenue A in Lancaster, closing up to three lanes.
Caltrans Announces SR-14 Lane Closures
1906 - Bercaw General Store opens in Surrey (Saugus) [story]
Bercaw Store
State Superintendent of Public Instruction Tony Thurmond testified today in the Senate Education Committee about the need for results-proven training for all teachers of reading and math.
State Superintendent Makes Historic Push for Results-Proven Training in Literacy, Math as Sponsor of SB 1115
SCVNews.com