On September 26, 2023, Governor Newsom signed a bunch of infringing laws into effect.
The Bad News
Governor Newsom signed new gun safety measures into law — strengthening the state’s public carry regulations, requiring microstamping on handgun cartridges to help trace guns used in crimes, keeping guns away from potentially dangerous individuals, enacting a first-in-the-nation effort to generate funds on the sale of bullets to improve school safety and gun violence intervention programs, and more.
—State of California, California Strengthens Nation-Leading Gun Safety Laws, California Governor, (last visited Oct. 2, 2023)
—State of California, California Strengthens Nation-Leading Gun Safety Laws, California Governor, (last visited Oct. 2, 2023)
The bills were:
- SB 2
- Restricting who gets CCWs. The minimum age to get a CCW of 21. More training and making most of California a “sensitive place”.
- SB 452
- Require microstamping on all guns sold or transferred by 2028.
- AB 28
- 11% excise tax on firearms and ammunition
- AB 455
- Prohibit people in “mental health diversion programs” from possessing firearms
- AB 725
- Requires reporting when chunks of aluminum or plastic or lost or stolen as if they were firearms.
- AB 732
- Makes it easier for the state to remove firearms from people
- AB 28 by Assemblymember Jesse Gabriel (D-Encino) – Firearms and ammunition: excise tax.
- AB 92 by Assemblymember Damon Connolly (D-San Rafael) – Body armor: prohibition.
- AB 97 by Assemblymember Freddie Rodriguez (D-Pomona) – Firearms: unserialized firearms.
- AB 301 by Rebecca Bauer-Kahan (D-Orinda) – Gun violence restraining orders: body armor.
- AB 355 by Assemblymember Juan Alanis (R-Modesto) – Firearms: assault weapons: exception for peace officer training.
- AB 455 by Assemblymember Sharon Quirk-Silva (D-Fullerton) – Firearms: prohibited persons.
- AB 574 by Assemblymember Reginald Byron Jones-Sawyer, Sr. (D-Los Angeles) – Firearms: dealer records of sale.
- AB 724 by Assemblymember Vince Fong (R-Bakersfield) – Firearms: safety certificate instructional materials.
- AB 725 by Assemblymember Josh Lowenthal (D-Long Beach) – Firearms: reporting of lost and stolen firearms.
- AB 732 by Assemblymember Mike Fong (D-Alhambra) – Crimes: relinquishment of firearms.
- AB 762 by Assemblymember Buffy Wicks (D-Oakland) – California Violence Intervention and Prevention Grant Program.
- AB 818 by Assemblymember Cottie Petrie-Norris (D-Irvine) – Protective orders.
- AB 1089 by Assemblymember Mike Gipson (D-Carson) – Firearms.
- AB 1406 by Assemblymember Kevin McCarty (D-Sacramento) – Firearms: waiting periods.
- AB 1420 by Assemblymember Marc Berman (D-Menlo Park) – Firearms.
- AB 1483 by Assemblymember Avelino Valencia (D-Anaheim) – Firearms: purchases.
- AB 1587 by Assemblymember Philip Ting (D-San Francisco) – Financial transactions: firearms merchants: merchant category code.
- AB 1598 by Assemblymember Marc Berman (D-Menlo Park) – Gun violence: firearm safety education.
- SB 2 by Senator Anthony Portantino (D-Burbank) – Firearms.
- SB 241 by Senator Dave Min (D-Irvine) – Firearms: dealer requirements.
- SB 368 by Senator Anthony Portantino (D-Burbank) – Firearms: requirements for licensed dealers.
- SB 417 by Senator Catherine Blakespear (D-Encinitas) – Firearms: licensed dealers.
- SB 452 by Senator Catherine Blakespear (D-Encinitas) – Firearms.
The Good News
COMPLAINT Receipt No: ACACDC-36107409 – Fee: $402, filed by Plaintiffs California Gun Rights Foundation, Michael Schwartz, Firearms Policy Coalition, Inc., Garrison Ham, Marco Antonio Carralero, Orange County Gun Owners PAC, San Diego County Gun Owners PAC. (Attorney Bradley A Benbrook added to party California Gun Rights Foundation(pty:pla), Attorney Bradley A Benbrook added to party Marco Antonio Carralero(pty:pla), Attorney Bradley A Benbrook added to party Firearms Policy Coalition, Inc.(pty:pla), Attorney Bradley A Benbrook added to party Garrison Ham(pty:pla), Attorney Bradley A Benbrook added to party Orange County Gun Owners PAC(pty:pla), Attorney Bradley A Benbrook added to party San Diego County Gun Owners PAC(pty:pla), Attorney Bradley A Benbrook added to party Michael Schwartz(pty:pla))(Benbrook, Bradley) (Entered: 09/26/2023)
The Great News
I hereby consent to the transfer of the above-entitled case to my calendar, pursuant to this Court’s
General Order in the Matter of Assignment of Cases and Duties to District Judges.
General Order in the Matter of Assignment of Cases and Duties to District Judges.
Signed: Cormac J. Carney
This little form says that Judge Carney grabbed this case. He likely grabbed any others filed in C.D.Cal.
Why is great news?
This is the same judge who recently found for the plaintiffs (good guys) in Lance Boland v. Robert Bonta, 8:22-cv-01421, (C.D. Cal.). He followed Bruen and got it mostly right. This means that he can move rapidly and will likely issue a TRO and preliminary injunction shortly.
This is a case worth watching. Not to see what happens, but to see how rapidly it happens.
Gun and ammo companies need to stop doing any and all business with any .gov in the state of Commiefornia. And there should be absolutely NO, NONE, NADA, ZERO exceptions for LEOs. If they are to enforce the laws, they should have to abide by them as well.
Call it the “Barrett Rule” for the guy who set the precedent.