California’s Unsafe Handgun Act Protects Public By Requiring Handguns Sold in the State to Meet Design Safety Standards
August 3, 2018 — Giffords, the gun safety organization founded by former Congresswoman Gabrielle Giffords and Captain Mark Kelly, applauded the decision of the US Court of Appeals for the Ninth Circuit to uphold California’s Unsafe Handgun Act, which sets critical design safety standards for handguns. In Peña v. Lindley, the court determined that the Second Amendment does not prevent California from requiring that handguns include a magazine disconnect mechanism, a chamber load indicator, and microstamping technology. Today’s ruling affirms the legality of California’s strongest-in-the-nation design safety requirements. Giffords Law Center filed an amicus brief in 2015 supporting California’s law.
Statement from Hannah Shearer, Second Amendment Litigation Director at Giffords Law Center
“Today was an important victory for public safety. We commend the Ninth Circuit for rejecting the meritless challenge to California’s Unsafe Handgun Act, a critical public safety law that ensures handguns meet rigorous design standards. This decision validates the state’s leading efforts to save lives by preventing unintentional shootings and proves California’s law is a model for the nation. The Ninth Circuit also upheld the state’s groundbreaking microstamping law, ensuring that law enforcement will have access to a critical crime-fighting tool that will help solve murders and other gun crimes.”
Recently, the California Supreme Court rejected a second legal challenge to California’s microstamping law. In both cases, the courts sided with the position Giffords Law Center advocated for in its amicus briefs.
Giffords Law Center’s Ninth Circuit Brief on the Unsafe Handgun Act
Giffords Law Center’s California Supreme Court Brief on the Microstamping Law