Brady Supports California Assault Weapon Ban

Miller v. Bonta, No. 23-2979, U.S. Court of Appeals for the Ninth Circuit

Date Filed: December 8, 2023

Topic:  California restriction on the possession and public carry of assault weapons

Case Summary: California regulates the possession of assault weapons with certain features. A federal judge in the U.S. District Court for the Southern District of California ruled that the California law is unconstitutional. California appealed to the U.S. Court of Appeals for the Ninth Circuit.

Brady’s Amicus Brief: Brady’s brief demonstrates that California’s regulation of assault weapons is constitutional because the Second Amendment does not protect a person’s right to possess dangerous and unusual weapons, which the Supreme Court of the United States has long held may be regulated consistent with the Second Amendment. The amicus brief explains that a “nuanced approach” should apply to the court’s analysis because of unprecedented societal changes and technological advances in weaponry over the last 200 years. Mass shootings are a modern American problem and involve assault weapons at a disproportionately high rate. Moreover, the rise of social media has created an echo chamber for those planning to commit acts of violence and perpetuates the glorification of assault weapons. The brief reminds the court that the modern technology of assault weapons can turn public spaces like schools, concerts, and parades into sites of mass tragedy.