The Second Amendment in California Courts

California gun regulations and the constitutional challenges they have produced

The Regulations

California has the most extensive state-level firearm regulations in the United States: an assault weapons ban whose constitutionality has been litigated repeatedly; handgun roster requirements limiting models legally available for retail sale; a ten-day waiting period; universal background check requirements; and a red flag law allowing courts to remove firearms from individuals assessed as dangerous.

The Bruen Standard

The Supreme Court Bruen decision in 2022 shifted the legal standard to require that firearm regulations be consistent with the historical tradition of firearm regulation at the time of the founding. The Bruen standard has produced a wave of litigation challenging California regulations, with mixed results in the Ninth Circuit that the Supreme Court will eventually resolve.

Surf Revolt Coverage

Surf Revolt covers the Second Amendment in California because the constitutional rights of California gun owners are the rights most directly in conflict with the California legislature, and because the Bruen litigation is producing the specific judicial rulings that will determine where that boundary is.

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