San Diego County Gun Rights Committee v. Reno

ORDER GRANTING DEFENDANTS MOTION TO DISMISS WITHOUT LEAVE TO AMEND

Plaintiffs have filed a complaint challenging the constitutionality of the Violent Crime Control and Law Enforcement Act of 1994. Defendants have responded with a motion to dismiss, or in the alternative, for summary judgment. Having reviewed the papers submitted by both parties and heard oral argument on the matter, the court grants defendant’s motion to dismiss for lack of jurisdiction.

BACKGROUND

The Gun Control Act of 1968, (“GCA”), 18 U.S.C. §§ 921-30 , imposes a comprehensive regulatory scheme over the manufacture and distribution of firearms. Under the GCA, a person or entity must first obtain a federal license before engaging in the business of importing, manufacturing, or dealing in firearms or importing or manufacturing ammunition. 18 U.S.C. § 923 (a). The GCA also restricts the receipt, possession and transfer of firearms. 18 U.S.C. § 922 (g). In 1986, the GCA was amended to prohibit the transfer and possession of machineguns by private citizens. 18 U.S.C. § 922 (o)(l).

On September 13, 1994, Congress passed the Violent Crime Control and Law Enforcement Act (“Crime Control Act”) which amends the GCA.…