Fresno Rifle and Pistol Club, Inc. v. John K. Van De Kamp, Esq., in His Official Capacity as Attorney General of the State of California

Several local, state, and national clubs which sponsor shooting competitions and represent the interests of firearm owners, individuals who own or wish to purchase firearms to use in the federal Civilian Marksmanship Program, and two gun manufacturers who make firearms which are designated as “assault weapons” and are regulated by California’s Roberti-Roos Assault Weapons Control Act of 1989 (“AWCA”), Cal.Penal Code §§ 12275-12290, seek a declaration that the AWCA is preempted by the Civilian Marksmanship Program (“CMP”), 10 U.S.C. §§ 4307-4313 ; that the AWCA is an unconstitutional bill of attainder under Article I, section 10, clause 1 of the United States Constitution; and that the AWCA infringes upon their right to bear firearms under the Second Amendment. The district court dismissed their complaint under Fed.R.Civ.P. 12(b)(6), Fresno Rifle and Pistol Club, Inc. v. Van de Kamp, 746 F.Supp. 1415 (E.D.Cal.1990), and the plaintiffs now appeal. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I

The AWCA proscribes the manufacture, sale, transfer, possession, distribution, transportation, and importation of numerous firearms without a permit. It was enacted in 1989…