
(Gage Skidmore via Flickr)
When California Gov. Gavin Newsom signed AB 1127 into law, making California the first state to outlaw the sale of Glock-style pistols and clones, it set off one of the clearest constitutional battles in recent memory.
The NRA and other groups quickly filed suit in Jaymes v. Bonta, challenging the ban as a categorical violation of constitutional rights. The lawsuit contends that the prohibition of Glock-style semi-automatic handguns contravenes U.S. Supreme Court precedent holding that the government may not ban "common" arms. Indeed, semi-automatic pistols are among America's most-popular firearms, with tens of millions in private circulation. The plaintiffs argue that banning such a ubiquitous firearm is nothing less than an affront to the Second Amendment.
Under the doctrine emerging from District of Columbia v. Heller and Bruen, firearms restrictions must align with the historic tradition of regulation and cannot target arms that are in widely owned and used. The plaintiffs maintain the California ban fails both tests: It is overbroad; it singles out a class of guns without an historical analog; and it prohibits a popular class of arms used for lawful purposes.
Moreover, gun-rights groups point out that the law's logic is internally contradictory.
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