California’s Judge William Hayes who was appointed by President George W. Bush to the U.S. District Court for the Southern District of California has recently ruled that California’s law forbidding a citizen from purchasing more than one firearm or receiver, per month, unconstitutional.
What this shows is that the Constitution is still the Supreme Law of the Land meaning that the Second amendment is above what the State thinks is best for that state. California claimed that “rationing” firearms does not violate the right to keep and bear arms. Which is guaranteed by the Second Amendment. California stated the law was to “stop one gun purchaser from buying several firearms and transferring a firearm to another person who might not have the legal ability to buy a gun themselves.
The court asked California to prove that “the regulation is consistent with this Nation’s historical tradition of firearm regulation.” Of course the State and people asked to help with the case could not do this but they tried.
Judge Hayes Concluded : “he Court therefore concludes that Plaintiffs and entitled to summary judgment as the constitutionality of the OGM law under the Second Amendment.”
This is a great win for Citizens of California who do participate in the purchase of Firearms. It also shows that even the most left leaning state in the United States is not above the Constitution and Bill of Rights.