Judge Allows FPC Lawsuit Against California Handgun Roster Ban to Move Forward

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Judge Allows FPC Lawsuit Against California Handgun Roster Ban to Move Forward iStock 884191010

U.S.A.-(AmmoLand.com)- Firearms Policy Coalition (FPC) announced that Southern District of California Federal District Court Judge Dana M. Sabraw denied in part California’s motion to dismiss in FPC’s challenge to the handgun “Roster” ban laws, Renna v. Bonta. The order can be viewed at FPCLegal.org.

After the case was filed in November of 2020, the State of California defendants moved to dismiss the case. Following briefing on the motion, the Court ruled that some parts of the case could proceed. The Court began by determining whether the Ninth Circuit’s ruling in Pena v. Lindley barred the claims made in the lawsuit, and found that “[t]o the extent Plaintiffs challenge those provisions [of the handgun roster] as unconstitutional here, their arguments are foreclosed by Pena and therefore rejected.” This result was expected, and those claims will be addressed on appeal.

The Court denied the State’s motion as to the new changes to the handgun “Roster” laws enacted last year, allowing those claims to proceed by finding that “Pena did not address the issue of the removal of handguns from the roster, and the enactment of AB 2847 postdates Pena.” The court also determined that the plaintiffs had standing to bring the lawsuit. Citing FPC’s federal lawsuit against California’s ban on so-called “assault weapons,” the Court determined that the “Plaintiffs have sufficiently alleged facts to establish standing and ripeness.”

In finding that the plaintiffs sufficiently allege that California’s Unsafe Handgun Act violates the Second Amendment, the Court noted that it “is not persuaded there is a ‘reasonable fit’ between the state’s asserted objective and the [AB 2847’s] three-for-one provision,” and that “Defendants offer no justification for why the statute requires the removal of three handguns for each new handgun added, instead of, for instance, a proportional one-to-one.”

“We are gratified that the Court has allowed the case to proceed to its ultimate resolution and we look forward to moving this important lawsuit forward very soon,” said Adam Kraut, FPC’s Senior Director of Legal Operations. “Through this case, we seek to overturn the Ninth Circuit’s wrongly decided 3-judge panel opinion in Pena by a court competent to do so, vindicate the rights of our clients and all Californians, and strike down the unconstitutional handgun Roster.”

Individuals that are interested in becoming a member of the FPC Grassroots Army can become a member for just $25 at JoinFPC.org.

Firearms Policy Coalition and its FPC Law team are the nation’s next-generation advocates leading the Second Amendment litigation and research space. Some FPC legal actions include:

For more on these cases and other legal action initiatives, visit FPCLegal.org and follow FPC on Instagram, Twitter, Facebook, YouTube.


About Firearms Policy Coalition

Firearms Policy Coalition (firearmspolicy.org) is a 501(c)4 nonprofit organization. FPC’s mission is to protect and defend constitutional rights—especially the right to keep and bear arms—advance individual liberty, and restore freedom through litigation and legal action, legislative and regulatory action, education, outreach, grassroots activism, and other programs. FPC Law is the nation’s largest public interest legal team focused on Second Amendment and adjacent fundamental rights including freedom of speech and due process, conducting litigation, research, scholarly publications, and amicus briefing, among other efforts.Firearms Policy Coalition

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JSNMGC
JSNMGC
15 days ago

LEOs are going to fight the ending of the roster.

They make too much easy money from it.

DaveW
DaveW
14 days ago
Reply to  JSNMGC

The overwhelming majority of the rank and file (not the political weenies) “DO NOT” support such restrictions, because we, too, want guns we can not get. We are citizens, too, and deserve the right protected by 2A. We enjoy shooting sports (hunting, competition, etc.). We also support self defense. You can say we already have arms for that, but that does not mean that there are not better/newer arms which we would rather carry. We know up front the value of an armed law abiding citizen. We don’t make money from limiting arms to the roster. In fact, it, in… Read more »

musicman44mag
musicman44mag
15 days ago

Kommiefornia is gone and even the demonrats are jumping ship and taking their disease to other states. Good for you kommiefornia. Soon it will be northern mexico like the mexicans and the idiot people who think the white man stole it from them want and they can have it.

AMEN

Neanderthal75
Neanderthal75
14 days ago
Reply to  musicman44mag

Never forget that the Spaniards who conquered California, Nevada, Arizona, and New Mexico were white Europeans who spoke a European language called Spanish!

Cheers from the oil patch in Central Wyoming

musicman44mag
musicman44mag
13 days ago
Reply to  Neanderthal75

Not sure where the oil patch is but I was visiting Thermopolis in 2015 and went for a long drive and found a place in the middle of no where and they were drilling for oil. It was after a nice ride where we drove for miles looking at red dirt mountains all over. When we hit a highway there was a very cool gulch where it was said that they filmed part of star wars. I really liked that area along with the petroglyphs that we saw on another drive. Thermopolis has the best Indian arrow head collection I… Read more »

Neanderthal75
Neanderthal75
13 days ago
Reply to  musicman44mag

I graduated high school out of Thermopolis so I know the area very well!

DaveW
DaveW
14 days ago
Reply to  musicman44mag

I reside in the part of the state which was purchased from Russia. I am the descendant of a long line of conservative. My family arrived here prior to the 1849 gold rush. We are ranchers, business owners. Like my grandfather who handled mule teams to construct roads and irrigation canals which built this state. We have served our country since the Civil War. My grandfather served in the trenches of northern France in WW1, my father served in the Philippines during WW2, as well as serving during the Korean War and Vietnam. We are one of several counties which… Read more »

musicman44mag
musicman44mag
13 days ago
Reply to  DaveW

You were very nice in your response and mine is not intended to be rude, ok!!! but it is fact. I understand that people like yourself, and myself at one time, are there but you are very few and I am with you in heart and soul but no longer their to bear the burden of living with the major population of idiot demonrat scum that rule kommiefornia which is that states majority. That is the point that I am writing from, not you as an individual so I am sorry if you feel insulted. If you are separate from… Read more »

Neanderthal75
Neanderthal75
13 days ago
Reply to  DaveW

The Russian River is by the way an outstanding River for amateur gold prospecting and if they still allow it dredging!

One of the more fun ways to explore that area is to get a good minelab’s metal detector, or a White’s metal detector, even a tesoro will do! They make them specifically for going after gold rather than looking for rings and watches on the beach.

Cheers from the oil patch in Central Wyoming

Ryben Flynn
Ryben Flynn
15 days ago

Even if the roster is ruled unconstitutional it will change nothing as there is still that pesky microstamping law that has prevented any new semi-auto pistols being sold in California since 2007. The manufacturer cannot even change the color or it would require that it also incorporate microstamping. Governor “Ahnold” signed the Law.

Patriot Solutions
Patriot Solutions
16 days ago

Cali is going to feel the PAIN!

musicman44mag
musicman44mag
15 days ago

It has been and already is and the sad part of it is, in true sadistic fashion keeping up with San Francisco, it wants more.