Michelle Nguyen, et al. v. Rob Bonta and Allison Mendoza

San Diego, California civil rights lawyer represented the Plaintiff who sued on a Second Amendment violation theory.



California has a "one-gun-a-month” law that prohibits most people from buying more than one firearm in a 30-day period.



The California Legislature enacted the one-gun-a-month law in 1999. Originally, it was focused on concealable handguns: "No person shall make an application to purchase more than one pistol, revolver, or other firearm capable of being concealed upon the person within any 30-day period.” 1999 Cal. Stat. 1759, 1767. Correspondingly, firearm dealers were prohibited from delivering such weapons "whenever the dealer is notified by the Department of Justice that within the preceding 30-day period the purchaser has made another application to purchase a pistol, revolver, or other firearm capable of being concealed upon the person.” Id. at 1769. California's purpose in enacting these restrictions was "to stop one gun purchaser from buying several firearms and transferring a firearm to another person who does not have the legal ability to buy a gun”—a process known as a "straw transaction.” Hearing on Assemb. B. 202, Assemb. Comm. on Pub. Safety, 1999−2000 Leg., Reg. Sess. (Cal. March 16, 1999). It concluded that restricting how often an individual could buy a concealable firearm would "curtail the illegal gun market, disarm criminals, and save lives.” Id.



Over time, the one-gun-a-month restriction was extended to more firearms. 2019 Cal. Stat. 6166. And by 2024, it applied to all firearms. 2022 Cal. Stat. 3358, 3370. California Penal Code § 27535(a) currently states that individuals may not apply "to purchase more than one firearm within any 30-day period,” and § 27540(f) prohibits a firearms dealer from delivering any firearm if the dealer is notified that "the purchaser has made another application to purchase a handgun, semiautomatic centerfire rifle, completed frame or receiver, or firearm precursor part” within the preceding 30-day period. Some individuals and entities are exempt from this restriction, including law enforcement, correctional facilities, and licensed private-security companies; visual entertainment companies "whose production by its nature involves the use of a firearm”; licensed collectors; and individuals seeking to replace a lost or stolen firearm. Cal. Penal Code § 27535(b).



Plaintiffs-Appellees are individuals who desire to purchase more than one firearm a month, three organizations

whose members want to do the same, and two firearm retailers and their respective owners who want to engage in

these transactions. They sued claiming that California's one-gun-a-month law facially violates the Second Amendment.

Applying Bruen, the district court granted summary judgment for Plaintiffs and enjoined California from enforcing its law. California timely appealed, and a motions panel stayed the district court's injunction pending appeal.

Affirmed