Federal judge blocks key parts of California handgun “Roster” law

LOS ANGELES – A federal judge on Monday blocked key provisions of the California handgun roster law. The law drastically restricts the sale of new handguns in the state. The judge said parts of the legislation violate the Second Amendment.

Lawsuit challenges the California handgun roster

The California Rifle & Pistol Association and other gun rights supporters filed a lawsuit challenging the law last year. The suit followed a landmark 2022 decision from the U.S. Supreme Court. That decision set new standards for evaluating firearm restrictions. As a result, many laws aimed at regulating and limiting the sale and use of guns, in California and nationwide, were at risk.

U.S. District Court Judge Cormac Carney, sitting in Santa Ana, wrote Monday that California’s requirements for new handguns are unconstitutional and cannot be enforced. Because of these restrictions, Carney wrote, the state has approved no new models of semiautomatic handguns for sale since 2013. Californians must buy older and potentially less safe models.

Next, he issued a preliminary injunction to take effect in two weeks. The state would then have to stop enforcing the law. The delay gives the state Department of Justice time to appeal.

Attorney General Bonta responds

“The fact of the matter is, California’s gun safety laws save lives, and California’s Unsafe Handgun Act is no exception,” Attorney General Rob Bonta said in a statement. “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.”

What the roster requires of new handguns

In California, state law requires new handguns to have three components. The first is a chamber load indicator, which shows whether the gun is loaded. The second is a magazine disconnect mechanism that will stop the gun from firing if the magazine is not properly inserted. The third is microstamping capability, so law enforcement can more easily link spent shell casings to the guns they were fired from.

“No handgun available in the world has all three of these features,” the judge wrote. “These regulations are having a devastating impact on Californians’ ability to acquire and use new, state-of-the-art handguns.”

State law grandfathered older handguns into the “roster.” The roster is a list of guns that pass a safety test under the Unsafe Handgun Act.

“Californians have the constitutional right to acquire and use state-of-the-art handguns to protect themselves,” he 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.”

However, previous attempts to challenge the state law failed. Those attempts came before last year’s Supreme Court ruling.

Gun rights groups hail the ruling

Meanwhile, Chuck Michel, head of the California Rifle & Pistol Association, said the three requirements were “impossible to satisfy.”

“For decades this ‘roster’ law has deprived law-abiding citizens of the right to choose a handgun appropriate for their individual needs,” he wrote in a statement Monday. “If we can hold on to this great Second Amendment win, people will be able to choose from among thousands of the latest, greatest, and safest handguns made today.”

In addition, only New York has a similar microstamping requirement, according to gun congrol group Everytown for Gun Safety.

Also, the National Shooting Sports Foundation hailed the preliminary injunction in a statement Monday. The foundation is the trade association for the firearms industry.

“For too long, the Second Amendment has been significantly infringed upon by elected officials who have taken every opportunity to put roadblocks in front of law-abiding citizens seeking to exercise their Second Amendment rights,” said Lawrence Keane, the organization’s senior vice president. “The order is the first step in what will be a protracted legal battle, but it is a significant win.”

Key takeaways

• A federal judge blocked key provisions of the California handgun roster law on Monday.
• Judge Cormac Carney wrote that the requirements for new handguns are unconstitutional and cannot be enforced.
• The preliminary injunction takes effect in two weeks, which gives the state time to appeal.
• Attorney General Rob Bonta said the injunction has not gone into effect and the requirements remain in effect.

Learn more about gun laws in California on Wikipedia.

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