Brief of Amici Curiae Illinois, Connecticut, Delaware, District of Columbia, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, et al. in Support of Defendants-Appellees and Affirmance
Sarah A. Hunger
Kwame Raoul
Jane Elinor Notz
SummaryOriginal

Summary

California’s age-based regulations, which protect the public health and safety, are consistent with measures taken by other States and upheld by courts across the country.

2021 | State Juristiction

Brief of Amici Curiae Illinois, Connecticut, Delaware, District of Columbia, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, et al. in Support of Defendants-Appellees and Affirmance

Keywords firearms; young adult; brain maturation; Second Amendment; brain development; impulse control; age-based regulations; gun violence; public safety; age twenty-one
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Summary of Argument

California recently enacted two measures amending California Penal Code § 27510—which regulates the sale and transfer of firearms by federally licensed firearms dealers to individuals under the age of 21—to further promote public safety and reduce gun violence by ensuring that only those young adults who complete adequate safety training are able to purchase long guns and semi-automatic centerfire rifles. The first measure, Senate Bill 1100, prohibits the sale or transfer of long guns by federally licensed firearms dealers to any person under 21, unless he or she has a valid hunting license, is an active or honorably discharged member of the Armed Forces, or is authorized to carry a firearm in the course and scope of employment as a member of law enforcement. See Cal. Penal Code § 27510(b)(1)-(3); S.B. 1100 (Cal. 2017). The second measure, Senate Bill 61, prohibits the sale or transfer of semi-automatic centerfire rifles by federally licensed firearms dealers to any person under 21, unless he or she is an active member of the Armed Forces or is authorized to carry a firearm in the course and scope of employment as a member of law enforcement. See Cal. Penal Code § 27510(b)(3); S.B. 61 (Cal. 2019).

Plaintiffs challenge section 27510, as amended by SB1100 and SB61, claiming that it unduly infringes upon the Second Amendment rights of individuals aged 18-20. But as the district court correctly concluded, laws regulating the sale of firearms to young adults are longstanding and presumptively lawful. Doc. 66 at 10. In any event, SB1100 and SB61 would not violate the Second Amendment because they do not impose a blanket prohibition on the sale or transfer of firearms to young adults and because regulations imposing age-based restrictions on the sale of long guns and semi-automatic centerfire rifles are reasonably related to California’s interests in public safety and preventing gun violence, including mass shootings. Id. at 13, 17.

As the amici States explain, the Second Amendment reserves to the States the ability to exercise their police powers by enacting sensible and varied regulations designed to protect the public. In fact, all States and the District of Columbia impose age-based regulations on the sale and use of, and access to, firearms within their borders. Although these regulations differ based on each jurisdiction’s needs, 17 States and the District of Columbia have a minimum age requirement of 21 for the sale or possession of certain categories of firearms.

Furthermore, the evidence presented by California—which included legislative findings, social science research, and statistical analyses—demonstrated that the measures enacted by SB1100 and SB61 are reasonably related to its state interests. Plaintiffs’ arguments to the contrary are based on an unduly heightened burden that, if applied, would restrict the States’ ability to devise local solutions to difficult and evolving problems. For these reasons, and those articulated by California, this Court should affirm the decision of the district court.

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Summary of Argument

California has implemented two laws, Senate Bill 1100 and Senate Bill 61, which aim to decrease gun violence by requiring individuals under 21 years old to undergo specific safety training before they can purchase certain types of firearms. These laws are challenged by plaintiffs on the grounds that they violate the Second Amendment rights of individuals aged 18-20. However, the district court upheld the laws, arguing that they are longstanding and presumptively lawful, and that they do not constitute a blanket prohibition on firearm ownership for young adults.

The laws are supported by the amici curiae, or friend of the court, states who argue that states retain the right to implement regulations regarding firearm ownership within their borders. Additionally, California has presented compelling evidence, including research and statistical analysis, demonstrating that the laws are reasonably related to its interest in public safety and preventing gun violence. Plaintiffs' arguments against the laws are considered to be overly restrictive and would hinder the ability of states to address local challenges.

This court is asked to uphold the district court's decision and affirm the validity of the laws in question.

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Summary of Argument

This case involves a legal challenge to California's laws regulating the sale of firearms to young adults. The laws in question, Senate Bill 1100 and Senate Bill 61, restrict the sale of certain types of firearms to individuals under 21 years of age. The plaintiffs, who are individuals aged 18 to 20, argue that these restrictions violate their Second Amendment rights.

The district court upheld the California laws, finding that they are constitutional and do not unduly infringe on Second Amendment rights. The court reasoned that laws regulating the sale of firearms to young adults are widely accepted and that the California laws are reasonable in light of the state's interests in public safety and preventing gun violence.

This case raises important questions about the balance between individual rights and the government's authority to regulate firearms in the interest of public safety. The court's decision is likely to be appealed, and the Supreme Court may ultimately have to decide whether the California laws are consistent with the Second Amendment.

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Summary of Argument

California recently passed two laws that make it harder for people under 21 to buy certain types of guns. These laws are meant to keep people safe and reduce gun violence. The new laws say that people under 21 can't buy long guns or semi-automatic rifles unless they have a hunting license, are in the military, or are a law enforcement officer.

Some people say these laws violate the Second Amendment right to own a gun. However, the court ruled that these laws are okay because they don't completely ban young people from buying guns. The court also said that the laws are a reasonable way to protect people and prevent gun violence.

The court pointed out that all states and the District of Columbia have laws that limit how young people can buy guns. The court also said that California presented strong evidence that the new laws are effective in protecting people.

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Summary of Argument

California passed two laws to make it harder for people under 21 to buy certain guns. These laws say that people under 21 can't buy long guns or semi-automatic rifles unless they have a hunting license, are in the military, or are a police officer.

Some people think these laws are unfair and take away their rights. But the court says the laws are okay because they try to keep people safe. Many states already have laws about how old you have to be to buy guns. California says these laws are needed to stop violence.

The court says it's okay for California to make these laws because it's important to keep people safe.

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Footnotes and Citation

Cite

Brief of Amici Curiae Illinois, Connecticut, Delaware, District of Columbia, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington in Support of Defendants-Appellees and Affirmance, Jones v. Becerra, No. 20-56174 (9th Cir. Jan. 26, 2021).

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