Supporting California’s Assault Weapons Control Act.
Court: Southern District of California
Issue at Stake: Assault weapons
Summary: Everytown for Gun Safety Support Fund submitted this amicus brief in the United States District Court for the Southern District of California in defense of California’s Assault Weapons Control Act, which prohibits the manufacture, possession, transport, sale, offer for sale, and import of assault weapons. Everytown’s brief provides an account of the long history of regulating especially dangerous weapons—including nearly a century of restrictions on semiautomatic firearms capable of firing a large number of rounds without reloading, which were first enacted shortly after those weapons became widely available in the commercial market. This brief also demonstrates the circularity and illogic of the “common use” test argued for by plaintiffs, based upon nationwide sales and manufacturing figures, which cannot be reconciled with either the Supreme Court’s decision in Heller or common sense, and is inconsistent with core principles of federalism. And the brief provides further insight via Everytown’s own research on mass shootings and gun violence in America, important interests that motivated the California legislature in its drafting of the state’s assault weapon law.
Decision: Following a bench trial, on January 4, 2021 the district court ruled in favor of plaintiffs, finding the assault weapon prohibition unconstitutional. The court denied all motions for leave to file amicus briefs. The government has appealed to the Ninth Circuit.
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