Federal judge rules against California handgun law

March 21, 2023


A federal judge on Monday issued a ruling blocking key provisions of a California law that significantly restricts the sale of new handguns, finding that sections of the legislation violate the Second Amendment. [OC Register]

California’s Unsafe Handgun Act requires new handguns to have a chamber load indicator, which shows whether the gun is loaded; a magazine disconnect mechanism that stops the gun from firing if the magazine is not properly inserted; and microstamping capability so law enforcement personnel can more easily link spent shell casings to the guns from which they were fired.

U.S. District Court Judge Cormac Carney wrote in a ruling on Monday that no handgun available in the world has all three of those features. 

“These regulations are having a devastating impact on Californians’ ability to acquire and use new, state-of-the-art handguns,” Carney wrote. “They should not be forced to settle for decade-old models of handguns to ensure that they remain safe inside or outside the home.”

The Unsafe Handgun Act, which became law in 2001, grandfathers in older handguns that pass a safety test.

In his ruling on Monday, Judge Carney issued a preliminary injunction against the Unsafe Handgun Act. The injunction is due to take effect in two weeks, which gives the California Department of Justice time to fill an appeal. 

“The fact of the matter is, California’s gun safety laws save lives, and California’s Unsafe Handgun Act is no exception,” state Attorney General Bonta said in a statement responding to the federal court ruling. “We will continue to lead efforts to advance and defend California’s gun safety laws. As we move forward to determine next steps in this case, Californians should know that this injunction has not gone into effect and that California’s important gun safety requirements related to the Unsafe Handgun Act remain in effect.”

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Most people will always handle a gun as though it is loaded anyway. It would make better sense to require the toilet paper dispenser be require to have a loaded indicator.

California has turned into a fascist police state with no respect for the Bill of Rights. The constant attack on the Second Amendment has got to stop!

I agree. The issue is not just guns. Californians are living under an oppressive regime with the State’s foot on our necks. People are fleeing it for freedom.

Everyone needs 14 guns. EVERYONE. More good guys with guns! In fact, i bet if Every single American had 20 guns, there would be no gun deaths.

Do you then think if ea person had only one gun there would be no gun deaths? No matter what markings or fancy things you put on a gun it still does not make the gun not kill things It’s the person using it so when will you people realize you are just adding more and more rules to stop the US citizen from getting a gun and the person who wants to use the gun illegally doesn’t care or follow the rules

double your mag capacity…carry two guns…

I see it in hollywood movies all the time. yeah the movies where lefto whackists make millions waving around loaded weapons, and then proceed to take an anti 2A stance in the media.

Will someone please give a copy of the US Constitution to Governor Newsom and AG Bonta and make sure they read it. It certainly seems they don’t know what it says.

You mean the Well regulated Militia part?

At the time,”well regulated “had an entirely different meaning than it does today.

According to the Oxford English dictionary of 1709 “ Something that was well-regulated was calibrated correctly, functioning as expected.”

No, the “shall not be infringed part”. You can erroneously hang your hat on that prefacing and subordinate clause about a militia, but the Supreme Court knows their history and Constitutional Law well enough not to do so. Just as the other initial eight articles in the Bill of Rights are rightly understood to address individual rights, so is the Second Amendments’ paramount phrase “the right of the people to keep and bear Arms” a reference to inherent God-given natural law and individual rights.

how about the free state part? it refers to the state of freedom, not the state of ca, or ny.

in addition, we’re way beyond that with the recent supreme court ruling that ther is an individual right to carry a gun for self-defense outside the home.

your militia argument is obsolete.

Nah, they know what it says. They just don’t care.

they think they know better than the founders.

GOOD! It’s completely ridiculous!

A judge with common sense……. I love it!

California’s unconstitutional gun laws save the lives of criminals, not their victims.