Bauer

MEMORANDUM DECISION AND ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENT (Docs. 51, 52)

I. INTRODUCTION

This case presents a narrow yet novel issue under the Second Amendment to the United States Constitution. Plaintiffs 1 bring this suit under 42 U.S.C. § 1983 *1150 against Defendants 2 in which they contend the State of California’s use of revenue generated by a fee imposed on every firearm sale conducted in the state, the Dealer’s Record of Sale fee (“the DROS fee”), to fund a firearms-related law enforcement program administered by the California Department of Justice (“DOJ”), known as the Armed Prohibited Persons System (“the APPS”), violates the Second Amendment. Plaintiffs seek a declaration from this Court that Defendants’ use of the revenue from the DROS fee to fund the APPS “impermissibly infringes on [Plaintiffs’] Second Amendment rights,” Doc. 37, Second Amended Complaint (“SAC”), at 15, and an injunction “forbidding [Defendants] ... from using DROS Fee revenues to fund the APPS program.” Id. at 16 .

Currently before the Court are the parties’ cross motions for summary judgment. Docs. 51, 52. The Court finds it appropriate to rule on the motions without oral argument.…