Becerra

Miller v. Becerra

Good Law
United States District Court, Southern District of CaliforniaSeptember 23, 20203:19-cv-01537California4,054 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 JAMES MILLER, et al., Case No.: 19-cv-1537-BEN (JLB)

Plaintiffs,

ORDER DENYING DEFENDANTS’

v. MOTION TO DISMISS California Attorney General Xavier Becerra, et al., 13 Defendants. 14 In this challenge to California’s regulation of firearms deemed to be “assault weapons,” Defendants move to dismiss claims about seven statutes based on Plaintiffs’ lack of Article III standing and for failure to state a claim for relief. Plaintiffs concede and withdraw one of their claims for relief (attacking Cal. Penal Code section 30925). For the reasons that follow, the remainder of the motion is denied. BACKGROUND1 Plaintiffs are a group of individuals who may lawfully possess firearms protected by the Second Amendment. In addition to the individual Plaintiffs, there are Plaintiffs that are firearm businesses, special interest groups, two foundations, and a political action committee, all which support the lawful…

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