San Diego County Gun Rights Committee v. Reno

Good Law
96 Daily Journal DAR 12811·98 F.3d 1121·1996 WL 601508·1996 U.S. App. LEXIS 27384·96 Cal. Daily Op. Serv. 7760
United States Court of Appeals for the Ninth CircuitOctober 22, 1996No. 95-55811California6,350 words

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…

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