Golden State Today

California Attorney General Rob Bonta, along with a coalition of 22 attorneys general, has joined an amicus brief in the Second Circuit case United States v. Perez. The brief supports the federal Gun Control Act of 1968’s provision that prohibits anyone other than a licensed firearms dealer from transporting or receiving firearms from out of state. It argues that 18 U.S. Code section 922(a)(3) is crucial for supporting states' efforts to reduce gun violence by ensuring residents purchase firearms from licensed in-state dealers through lawful, recorded transactions.

“We join New York, 19 other states, and the District of Columbia in their efforts to curb gun violence by supporting federal commonsense firearm regulation aimed at improving public safety,” said Attorney General Bonta. “States must have the ability to protect their citizens and communities from gun violence while making it more difficult for criminals to get their hands on firearms.”

The brief emphasizes that states have a sovereign duty to safeguard the health, safety, and well-being of their citizens through various gun violence prevention laws. It highlights these different laws and underscores the shared interest among states in regulating interstate firearm transfers legally. Additionally, it explains that section 922(a)(3) was designed to prevent circumvention of state and local gun safety laws.

According to the brief, statutes like section 922(a)(3) do not violate the Second Amendment as they do not prevent law-abiding citizens from purchasing, owning, or carrying firearms. Instead, they support state licensing regimes by requiring purchases from licensed in-state dealers through lawful transactions.

Attorney General Bonta joins attorneys general from Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New York, Nevada, New Jersey North Carolina Oregon Pennsylvania Rhode Island Vermont Washington Wisconsin and the District of Columbia in filing this brief.

A copy of the brief can be found here.