A judge of the Federal Court of San Diego ruled this week in favor of a state law prohibiting the sale of semi-automatic rifles and other long firearms at 18 to 20 years, exceptions, by approved concessionaires.
In a summary judgment rendered on Wednesday, the American district judge Mr. James Lorenz ruled that the law does not violate the second amendment and that the restriction “is part of the historical tradition of the regulation of firearms”.
The judgment is the result of a trial brought in 2019 against the State by firearms, defenders and young adults alleging that the law, article 27510 of the California penal code, influenced the right to carry weapons.
In 2018, after the shooting of the mass school in Parkland, Florida, by a 19 -year -old man, California’s law was modified to restrict the sale of long cannons to anyone under the age of 21, with a few exceptions.
The law was changed again in 2019 to further restrict the sale of semi-automatic rifles to people under the age of 21, with a few exceptions.
In December 2023, Lorenz rejected a request from the complainants to firearms requesting a preliminary injunction.
In his judgment this week, Lorenz said that the law of the State “does not prohibit 18 to 20 years from having, possessing or carrying firearms, and does not create the ban on acquisition.”
Young adults can receive a firearm as a gift or in legacies, noted Lorenz, and through other exceptions sculpted in the law.
For example, a person aged 18 to 20 can buy a long pistol if they have a valid hunting license, said Lorenz. And semi-automatic rifles can be purchased if the young adult is an active law enforcement or a member of the army.
Lorenz noted that hundreds of firearms are obtained by people under the age of 21 through the exceptions per year.
Lorenz also judged that state restrictions were in accordance with the “historical tradition of firearms regulation” – a standard under which the courts must assess the constitutionality of firearms law following a recent decision of the Supreme Court of the United States.
The purchases of firearms by those under 21 were systematically limited from the late 1700s in the 1800s, noted Lorenz.
In the founding era – the environment at the end of the 1700s – “Common Law reduced the rights of individuals under the age of 21, including their ability to commercially acquire firearms, because of their immaturity and their undeveloped judgment,” noted Lorenz.
“The same goal has driven the changes in section 27510,” wrote Lorenz.
California prosecutor Rob Bonta applauded the decision.
“This common sense regulation will continue to protect our young and vulnerable communities against avoidable armed violence,” Bonta said in a statement on Thursday. “I am proud of the countless hours that my team has devoted to defend this law and we know that the fight is not over.”
The Firearms Policy Coalition, a plea group and one of the complainants, did not immediately respond to a request for comments. The decision is likely to be on appeal.
Originally published:
California Daily Newspapers
