Attorney General Bonta Joins National Fight for Commonsense Gun Laws

OAKLAND — California Attorney General Rob Bonta, as part of a coalition of 22 attorneys general, filed a brief in support of a federal law that prohibits firearms dealers from selling handguns and handgun ammunition to persons under the age of 21. The case, McCoy v. Bureau of Alcohol, Tobacco, Firearms & Explosives, is currently pending in the U.S. Court of Appeals for the Fourth Circuit, and addresses a Second Amendment challenge to 18 U.S.C. § 922(b)(1). States across the nation protect their citizens through the application of similar age-based restrictions on the possession, purchase, sale, transfer, or use of firearms because such laws have proven to promote public safety and curb gun violence within their borders.

“Federal law has prevented federally licensed firearms retailers from selling handguns and ammunition for handguns to individuals under the age of 21 for nearly six decades,” said Attorney General Bonta. “As firearms continue to lead to more than 45,000 deaths per year, it is unwise to overturn this long-standing federal prohibition that helps reduce the scourge of gun violence in our communities. We support these federal regulations and those of sister states aimed at ending gun violence through commonsense laws that improve public safety."

In the brief, the states assert that the federal law is constitutional under the Second Amendment, as it is consistent with a historical tradition of federal and state regulations promoting gun safety and protecting communities from gun violence. The coalition argues that the district court’s decision misreads the U.S. Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen, which preserves federal authority to regulate firearms through laws that are “consistent with the Second Amendment’s text and historical understanding.”

Attorney General Bonta urges the Fourth Circuit Court of Appeals to overturn the lower court decision because:

• The Second Amendment allows governments to enact measures to promote gun safety and protect against gun violence that are consistent with historical tradition. 
• The challenged restriction is consistent with measures taken by many states and upheld on historical grounds by courts across the country. 

Attorney General Bonta stands with partners throughout the state to continue tackling the issue of gun violence strategically and aggressively by:

• Defending California’s commonsense gun laws, including its assault weapons ban and restrictions on large-capacity magazines.
• Educating the public on gun violence prevention through the Office of Gun Violence Prevention, including through the first-ever data report issued by the office to provide a robust review of gun violence data in California and throughout the U.S. and to help guide policy and strategy discussions related to reducing gun violence.
• Advocating for gun laws including by sponsoring Assembly Bill 1594 to increase accountability for the firearm industry, working to strengthen federal laws to protect the public from ghost guns, and successfully defending California’s laws to prevent gun violence.
• Seizing guns from prohibited persons in the Armed and Prohibited Persons System, and through multiagency sweeps in the Bay Area and Los Angeles County, conducting operations targeting individuals attempting to illegally purchase guns, and collaborating with local law enforcement partners.
• Ending the sale of illegal firearms through litigation against ghost gun retailers, and by putting a stop to the sale of illegal assault weapons in Orange County 

Attorney General Bonta joins the attorneys general of Arizona, Colorado, Connecticut, Dealaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersy, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia.

A copy of the brief can be found here.