Bauer v. Becerra

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Plaintiffs filed suit challenging California Penal Code 28225 on Second Amendment grounds, alleging that California's allocation of $5 of a $19 fee on firearms transfers to fund enforcement efforts against illegal firearm purchasers was unconstitutional. The Ninth Circuit held that, even assuming the collection and use of the fee fell within the scope of the Second Amendment, the fee survived intermediate scrutiny because of the State's important interest in promoting public safety and disarming prohibited persons, and because there was a reasonable fit between these important objectives and the challenged fees. Because section 28225 did not violate the constitution, the panel affirmed the district court's grant of summary judgment to the State. View "Bauer v. Becerra" on Justia Law