Jones

Jones v. Becerra

Good Law
United States District Court, Southern District of CaliforniaNovember 3, 20203:19-cv-01226California6,524 words

Opinion

Trial Court Opinion

I. BACKGROUND

24 Plaintiffs argues that California Penal Code § 27510(a), as amended by Senate Bill 25 (“SB”) 1100 and SB61, violates the Second Amendment rights of 18-20 year-old persons 26 (“Young Adults”) because it bans them from purchasing, using, transferring, possessing, 27 or controlling any firearm. (Motion at 1). In Plaintiffs view, the ban directly contradicts 28 the holdings in District of Columbia v. Heller, 554 U.S. 570, 595 (2008) and McDonald v. City of Chicago, Ill.,561 U.S. 742 (2010), which collectively held that the Second Amendment’s “text, structure and history” confirm an individual’s fundamental right to keep and bear arms, and that this right applies with full force to the states. (Id.) Plaintiffs contend that California’s age-based gun ban cannot stand under the textual and historical analysis of Heller because it abridges Young Adults’ Second Amendment right to keep and bear arms in self-defense and for other lawful purposes. (Id. at 11-15). Even if the Court finds that the ban does not abridge a core right of the Second Amendment, the gun ban cannot pass strict or immediate scrutiny. (Id. at 17). In addition,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.