Judge Allows FPC Lawsuit Against California Handgun Roster Ban to Move Forward

 U.S.A. –-(AmmoLand.com)- Firearms Policy Coalition (FPC) announced that Southern District of California Federal District Court Judge Dana M. Sabraw denied in part California’s motion to dismiss in FPC’s challenge to the handgun “Roster” ban laws, Renna v. Bonta. The order can be viewed at FPCLegal.org.

After the case was filed in November of 2020, the State of California defendants moved to dismiss the case. Following briefing on the motion, the Court ruled that some parts of the case could proceed. The Court began by determining whether the Ninth Circuit’s ruling in Pena v. Lindley barred the claims made in the lawsuit, and found that “[t]o the extent Plaintiffs challenge those provisions [of the handgun roster] as unconstitutional here, their arguments are foreclosed by Pena and therefore rejected.” This result was expected, and those claims will be addressed on appeal.

The Court denied the State’s motion as to the new changes to the handgun “Roster” laws enacted last year, allowing those claims to proceed by finding that “Pena did not address the issue of the removal of handguns from the roster, and the enactment of AB 2847 postdates Pena.” The court also determined that the plaintiffs had standing to bring the lawsuit. Citing FPC’s federal lawsuit against California’s ban on so-called “assault weapons,” the Court determined that the “Plaintiffs have sufficiently alleged facts to establish standing and ripeness.”

 

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