BREAKING: California Files Reply Brief Urging Stay of Miller “Assault Weapon” Ban Injunction; 22 States File Brief Supporting Injunction, Opposing Stay

[Charlie T Waite]

SAN FRANCISCO, CA (June 16, 2021) — This morning, California Attorney General Rob Bonta filed a reply brief in support of the State’s “emergency” motion to stay enforcement of the injunction in FPC’s Miller v. Bonta challenge to California’s unconstitutional ban on so-called “assault weapons.” Yesterday, 22 states filed an impactful amicus brief in support of FPC’s opposition to the stay, led by Arizona Attorney General Mark Brnovich and his office, arguing that California’s ban was properly declared to be unconstitutional and that the District Court’s injunction should be allowed to take effect on July 4. These and other court filings, as well as FPC’s other statements on the case, can be viewed at AssaultWeaponLawsuit.com.

California’s reply brief argues that the State “and its citizens would suffer irreparable harm if the district court’s judgment took effect and allowed [the banned] weapons to flow into the State,” and that “Defendants are likely to succeed in showing that the AWCA leaves law-abiding citizens with ample alternative means of effective self-defense...”

In contrast to California’s arguments, the states of Arizona, Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, West Virginia, and Wyoming argue that modern rifles “are most often used by law-abiding citizens for lawful purposes like personal protection or target and sport shooting” and that “when California enacted a statewide ban on the mere possession of modern rifles, it destroyed the core of the Second Amendment right.” The States’ brief further explains that California’s ban fails both the Supreme Court’s Heller test as well as intermediate scrutiny, and accordingly, “respectfully request that the Court deny Appellants’ emergency stay request.”

On behalf of the Miller plaintiffs-appellants and our members and supporters, FPC thanks Attorney General Brnovich, his staff, and all of the amici States and signatories for their principled support of this incredibly important case.

FPC will continue to fight for the fundamental rights of all people in this and other lawsuits, and provide further updates and case filings at AssaultWeaponLawsuit.com.