The Second Amendment Foundation has been granted summary judgement in a federal challenge of California’s One-Gun-A-Month (OGM) purchase law.
U.S. District Judge William Q. Hayes stayed his decision for 30 days for the defendants to facilitate an appeal.
SAF is joined by the North County Shooting Center, San Diego County Gun Owners Pac, PWGG, LP, Firearms Policy Coalition and six private citizens including Michelle Nguyen, for whom the case is named. They are represented by attorney Raymond M. DiGuiseppe of Southport, N.C. The case was filed in December 2020 and is known as Nguyen v. Bonta.
“This is a win for gun rights and California gun owners,” said SAF founder and Executive Vice President Alan M. Gottlieb. “There is no historical justification for limiting law-abiding citizens to a single handgun or rifle purchase during a one-month period, and Judge Hayes’ ruling clearly points that out.”
“The state of California tried to justify the OGM law in part on the grounds that it is a lawful regulation imposing conditions on the commercial sale of arms,” added SAF Executive Director Adam Kraut. “However, there is nothing in the Second Amendment remotely connected to limiting the number of firearms a person can purchase. This limitation is blatantly unconstitutional, and if this ruling is appealed by the State of California, we intend to defend the lower court’s correct decision.”
In his 24-page decision, Judge Hayes wrote, “Defendants have not met their burden of producing a “well-established and representative historical analogue” to the OGM law. The Court therefore concludes that Plaintiffs are entitled to summary judgment as to the constitutionality of the OGM law under the Second Amendment.”
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
