August 21, 2024 – Through California Penal Code §§ 27535 and 27540, the California legislature enacted what is commonly called the California one-gun-a-month law (the “Law”).  Up until the end of 2023, the Law prohibited individuals from applying to purchase more than one handgun or semiautomatic centerfire rifle within any thirty day period, with some exceptions.  In 2024, the Law was modified to not only apply to any firearm. 
Plaintiffs, individuals who desired to purchase multiple firearms within thirty days, filed a lawsuit entitled Nguyen v. Bonta, Case No. 3:20-cv-2470, in the U.S. District Court for the District of Southern California, to challenge the constitutionality of the Law.  On March 28, 2024, the district court entered judgment holding that the Law and “Defendants’ enforcement policies, practices, customs, and actions related to enforcement” thereof “violate the right to keep and bear arms protected under the Second and Fourteenth Amendments to the United States Constitution.”  The district court enjoined the California Attorney General from enforcing the Law and refused to stay its decision pending an appeal.
On April 3, 2024, the California Attorney General appealed the district court’s decision to the U.S. Court of Appeals for the Ninth Circuit and sought a stay of the judgment barring enforcement of the Law pending the appeal. Initially, on April 24, 2024, the Ninth Circuit granted the California Attorney General’s request for a stay of the district court’s decision.  But after the parties fully briefed the merits of the case, and argument was held on August 14, 2024, the Ninth Circuit reversed course. Specifically, on August 15, 2024 – just one day after oral argument – the Ninth Circuit issued a one sentence order reversing its previous stay of the district court’s decision. 
While the Ninth Circuit has not yet issued its decision on the merits of the case, this order reinstates the district court’s bar on enforcement of the Law.  Thus, for now, Californians may lawfully purchase more than one firearm within a thirty day period.Renzulli Law Firm will continue to monitor this lawsuit and similar lawsuits.  If you have any questions about the laws or legal challenges, please contact John F. Renzulli or Christopher Renzulli.