BELLEVUE, WA – The Second Amendment Foundation and Calguns Foundation have petitioned the U.S. Supreme Court for a review of their challenge to California’s “Unsafe Handgun Act,” a part of that state’s penal code that violates the Second Amendment by banning handguns of the kind in common use for traditional lawful purposes.
SAF and Calguns are joined by private citizens Ivan Pena, Dona Croston, Roy Vargas and Brett Thomas. They are represented by attorneys Donald Kilmer of California and Alan Gura of Virginia. The case is known as Pena v. Horan.
“Our challenge of the California Unsafe Handgun Act (UHA), if the high court accepts it for review, could be a critical wake-up call to lower federal courts that continue to employ what they call an ‘interest-balancing approach’ to deciding gun control cases because that strategy is forbidden by the 2008 Heller decision,” noted SAF founder and Executive Vice President Alan M. Gottlieb. “It is time to bring a halt to what is essentially a revolt by the lower courts against the landmark Heller opinion, and the Pena case could provide that vehicle.”
California’s Unsafe Handgun Act generally prohibits the manufacture, import or distribution of handguns that do not meet the state’s extremely restrictive design requirements under the state penal code. The result, as the plaintiffs contend in their petition for high court review, is that the state is gradually achieving a handgun ban because they cannot meet the impossible requirements, which include microstamping. That technology is not offered by any handgun manufacturer because it cannot be practically implemented, the petition notes.
“The landmark Heller ruling cannot become just a footnote in history,” Gottlieb observed, “but that appears to be the ultimate goal if such laws as California’s are allowed to stand. We are hopeful that the Supreme Court, with the benefit of fresh perspectives from two recently-seated associate justices, agrees that it is time to once again visit the Second Amendment and further restore its rightful place as a cornerstone of the Bill of Rights.”
