The U.S. Court of Appeals for the Ninth Circuit issued an order Thursday reversing a stay issued against an injunction against California’s “1-in-30” ban.
The “1-in-30” ban prohibits law-abiding Californians from buying more than one semiautomatic, centerfire rifle or handgun in a month.
In light of the Ninth Circuit’s order, “1-in-30” is blocked from enforcement unless or until further judicial action changes things.
The case is Nguyen v. Bonta, filed by Firearms Policy Coalition against California Attorney General Rob Bonta.
Previously, when a three-judge panel of the Ninth Circuit granted a stay of the injunction pending appeal, Judge Ryan D. Nelson dissented, writing:
I would deny the stay pending appeal because Defendants are not likely to prevail on the merits. “[W]hen the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct.” Bruen, 579 U.S. 1, 17 (2022). As the district court properly concluded, the right to buy a firearm is covered by the plain text of the Second Amendment. Moreover, under Bruen, no historical analogue permits California’s regulation.
On August 15, 2024, Nelson’s view won the day and the stay was lifted, thereby blocking enforcement of “1-in-30”.
AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio, a member of Gun Owners of America, and the director of global marketing for Lone Star Hunts. He was a Visiting Fellow at the Russell Kirk Center for Cultural Renewal in 2010 and has a Ph.D. in Military History. Follow him on Instagram: @awr_hawkins. You can sign up to get Down Range at breitbart.com/downrange. Reach him directly at awrhawkins@breitbart.com.
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