Attorney General Bonta Defends Commonsense Gun Law that Prevents Illegal Gun Purchases Across State Lines

OAKLAND - California Attorney General Rob Bonta, as part of a coalition of 22 attorneys general, joined an amicus brief in the Second Circuit in United States v. Perez, in support of 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 brief argues that 18 U.S. Code section 922(a)(3) plays an essential role in supporting States' efforts to curb gun violence by ensuring residents purchase firearms from licensed in-state dealers through lawful, recorded transactions, rather than from the black market.
"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 argues that states have a sovereign duty to safeguard the health, safety, and well-being of their citizens, which the states have pursued through a variety of different gun violence prevention laws. This amicus brief highlights those different laws and emphasizes the States' shared interest in the legal interstate transfer of firearms. The brief also explains that section 922(a)(3) was designed to prevent circumvention of state and local gun safety prevention laws.
Statutes like section 922(a)(3) do not violate the Second Amendment because they do not prevent a law-abiding citizen from purchasing, owning, or carrying a firearm. Rather, they support state licensing regimes by requiring citizens to purchase firearms from licensed in-state dealers through lawful, recorded 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 the attorneys general of 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 the brief.
A copy of the brief can be found here.