Numerous gun rights groups have banded together to challenge California’s law requiring that every gun sale be recorded on video and audio by the gun dealer, no matter if it is a brick-and-mortar store or a home-based business.
The law, SB 1384, is due to go into effect on January 1, 2024. it requires that every gun sale be recorded by video and audio. The gun store must make these recordings available to the State of California. There are no exceptions for home businesses, meaning that tabletop FFLs must install video and audio recording devices in their homes, which brings up a multitude of constitutional concerns. Gun store owners must also post signs around their stores or homes letting customers and visitors know that they are being recorded, and those recordings can be turned over for any reason to the Golden State.
The lawsuit was filed by a coalition of plaintiffs, including some of the most prominent national and state gun rights groups.
This coalition includes powerhouse national groups such as Gun Owners of America (GOA), Gun Owners Foundation (GOF), and the Second Amendment Foundation (SAF). The state groups include Gun Owners of California (GOC) and the National Rifle Association (NFA) affiliated California Rifle and Pistol Association (CRPA). This lawsuit is the second time these groups have joined forces to tackle a California gun law.
The lawsuit claims that the law violates First Amendment rights. People being recorded on a medium that can be turned over to California authorities could have a chilling effect on speech because people are less likely to speak their minds if they worry about a “Big Brother” watching their every word. The gun rights groups also claim that the law violates gun owner’s freedom of association. The government has used association against people in the past, including the Weaver family of Ruby Ridge. It also violates the right of anonymous speech since everything must be recorded. It removes the anonymity of gun shop customers and employees. Most disturbing, the lawsuit claims that the new law discriminates against the viewpoints of gun owners that might be at odds with the state.
The lawyers for the gun rights groups also claim that the law runs afoul of the Second Amendment. The Supreme Court’s Bruen decision says that gun laws must be consistent with the text, tradition, and history of the Second Amendment. The groups claim that California will not be able to point to any historical analogues from the founding era that could be used to defend the laws.
The gun rights groups allege a Fourth Amendment claim against the law. According to the lawsuit, the new law is akin to a general warrant, which the United States Constitution strictly prohibits. The suit also claims that by the state forcing expensive electronic equipment on gun stores it violates their property rights, which are protected under the Fourth Amendment. The suit also claims that the law violates the gun store employees’ and customers’ reasonable expectation of privacy. The privacy concern also might violate the State Constitution as well.
The lawsuit also cites Fifth and Fourteenth Amendment concerns. The lawyers make a taking claim under the Fifth Amendment because of the physical area in gun stores and homes that equipment requires. Since the government doesn’t pay for this space, it might violate the Constitution’s takings clause. The gun rights group also claims that the law violates the equal protection clause of the Fourteenth Amendment because it treats gun stores differently from any other California business.
GOA believes this new law is straight out of George Orwell’s classic novel 1984. According to the group, California is trying to become a real-life version of “Big Brother.”
“These new restrictions from Governor Newsom and his cabal in Sacramento read as though they were scripted straight out of 1984,” said Erich Pratt, Senior Vice President of GOA. “These are the most intrusive and egregious violations of privacy imaginable, and we will not stop until they are defeated.”
GOC, the state affiliate of GOA, points to the chilling effect on freedom of speech the law will have on gun owners. They reason that California might be trying to make Californians think twice about buying a gun or running a gun business.
“This may be the worst of the worst, which is truly a high bar to meet for anti-gunners, even in California,” said Sam Paredes, Executive Director of GOC. “Imagine how much this will chill speech and even directly deter individuals from buying guns in the first place – plus, imagine how intrusive it would be for a gun dealer operating out of the home! Shame on California, and we look forward to making our case in court.”
California seems hellbent on stopping its residents from exercising their constitutionally protected rights by using any means necessary. If the law is enforced, it could put a lot of gun stores out of business.
About John Crump
John is a NRA instructor and a constitutional activist. He has written about firearms, interviewed people of all walks of life, and on the Constitution. Mr. Crump lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.
from https://ift.tt/1Qszk3J
via IFTTT
No comments:
Post a Comment