Federal judge rules against California handgun law

March 21, 2023

By JOSH FRIEDMAN

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.”