Ninth Circuit tosses California law limiting gun purchases to one every 30 days

(The Center Square) A new ruling from the the United States Ninth Circuit Court of Appeals now will prevent California’s law limiting gun purchases to one every 30 days from taking effect.

While a federal district court had issued an injunction against the law, California sought a stay against the injunction via the Ninth Circuit. The Ninth Circuit issued a stay, reversing its stay after hearing oral arguments on the case.

The earlier federal district court injunction against the law now goes into full effect, preventing the law from taking effect.

U.S. District Court Judge William Hayes based his ruling on NYSRPA v. Bruen, a U.S. Supreme Court case that created a new standard for Second Amendment decisions. Under Bruen, “When the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct,” and the government “must then justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation.

California cited gun restrictions and taxes, and licensing laws targeting Native Americans as evidence of historical precedent for its case, leading Hayes to write limits on Native American sales — and other “groups excluded from the political community” as a historical analogue is “dubious, at best,” and that the presented historical laws did not include a “limit on the quantity or frequency with which one could acquire firearms.

Hayes placed a 30 day stay on the ruling pending an appeal, which is now complete, meaning Hayes’ judgment takes effect.