Second Amendment Lawsuit Challenging California “Assault Weapon” Ban Filed in San Diego Federal Court
SAN DIEGO— Attorneys for three San Diego residents and one San Diego-based advocacy organization filed a federal lawsuit challenging California’s ban on so-called “assault weapons”. A copy of the motion and brief can be viewed or downloaded at www.firearmspolicy.org/legal .
“This District Court already ruled the state’s prohibition on the possession of large-capacity magazines is unconstitutional, and enjoined and prohibited enforcement of those provisions of the Code that would have prohibited their possession,” the plaintiffs say in their complaint. “Both implicit and explicit in this District Court’s ruling was the ability to use such magazines if otherwise lawfully possessed” in legally-possessed firearms.
“Thus,” it goes on, “the prohibitions that attach to the possession and use of a certain legislatively-invented class of otherwise commonly used, constitutionally protected” firearms “are likewise invalid and should be stricken.”
“This is a straight-forward case to protect our clients’ constitutional rights and property,” explained attorney John Dillon. “The State of California’s ban on these firearms will fail constitutional scrutiny for the same reasons that its ban on firearm magazines did.”
“The government cannot ban the constitutionally-protected firearms at issue in this case,” said attorney George M. Lee. “We look forward to proving that the State’s statutes, policies, and practices at issue in this case are both unconstitutional and irrational.”
The case is supported by Second Amendment Foundation (SAF), California Gun Rights Foundation (CGF), Firearms Policy Coalition (FPC), and Firearms Policy Foundation (FPF).
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 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
