The gun rights organization filed a brief in Nguyen v. Bonta with the Ninth Circuit Court of Appeals supporting arguments that the law violates citizens’ Second Amendment rights.
In March, supporters of overturning this latest overreach won a key victory when a U.S. District Court determined the law was unconstitutional. State officials appealed that decision, and now the matter rests before the Ninth Circuit.
The obvious point of law argued by the NRA is crucial. The Bill of Rights guarantees the ability of law-abiding citizens to possess firearms, which inherently must also cover the right to acquire them.
The group noted that, based on the history and tradition of U.S. gun laws, there is no precedent for California’s controversial action. The brief states that at the country’s formation, it was common for citizens to acquire multiple firearms at a time.
The Supreme Court’s 2022 Bruen decision emphatically set the standard for the legality of gun control laws. To comply with the Constitution, they must be rooted in legal practices in place at the nation’s founding.
The filing correctly declared that courts have long established the right to obtain weapons is a critical component of the Second Amendment.
“First, the Supreme Court has determined that ‘keep arms’ in the Amendment’s text means to ‘have weapons,’ and the plain meaning of ‘have’ encompasses the act of acquisition. Second, the Supreme Court has acknowledged that certain rights are implicit with enumerated guarantees.”
In its zeal to eradicate gun rights, California throws every possible impediment in the way of the exercise of this freedom short of an outright ban — which lawmakers clearly seek. The courts would do well to recognize this and overturn the latest infringement on the Constitution.
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