San Diego County Gun Rights Committee v. Reno
Opinion
Lead Opinion
Tashima, J.
I
This case presents a pre-enforcement challenge to the constitutionality of Title XI of the Violent Crime Control and Law Enforcement Act of 1994, Pub.L. No. 103-322, 108 Stat. 1796 (1994) (the “Crime Control Act” or “the Act”). Two unincorporated associations and three individuals (collectively, “plaintiffs”) seek declaratory and injunctive relief under the Commerce Clause and the Second and Ninth Amendments. The district court dismissed the action on standing and ripeness grounds. We affirm.
II.BACKGROUND
The Gun Control Act of 1968, as amended, 18 U.S.C. §§ 921-930 (the “GCA”), regulates the manufacture and distribution of firearms. On September 13,1994, Congress passed the Crime Control Act, which amends the GCA. It prohibits, for a period of 10 years, the manufacture, transfer or possession of semiautomatic assault weapons and the transfer or possession of “large capacity ammunition feeding device[s].” 18 U.S.C. §§ 922 (v)(l), 922(w)(l). The Act exempts government agencies and law enforcement officers, as well as firearms transferred to an individual upon retirement from a law enforcement agency. 18 U.S.C. §§ 922 (v)(4)(A) & (C), 922(w)(3)(A) & (C). In addition, the…