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. The coalition 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 contends 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 laws and emphasizes the shared interest among states in regulating the legal interstate transfer of firearms. 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 because they do not prevent law-abiding citizens from purchasing, owning, or carrying firearms. Instead, they support state licensing regimes by requiring citizens to purchase firearms from licensed in-state dealers through lawful transactions. Specifically, the brief argues:
- Regulation of the commercial sale of firearms is critical to protecting public safety.
- Section 922(a)(3) reinforces complementary state gun violence prevention laws consistent with the Second Amendment.
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.