Supporting California’s law restricting the purchase of firearms by persons under twenty-one.
Court: Southern District of California; Ninth Circuit
Issue at Stake: Age restrictions
Summary: Everytown filed this amicus brief in the United States Court of Appeals for the Ninth Circuit, urging the court to affirm the district court’s decision upholding section 27510 of California’s Penal Law against a Second Amendment challenge. California’s law prohibits those licensed to sell firearms from selling or transferring firearms to individuals under 21, subject to a number of exceptions. Everytown’s brief details the long history of such age-based restrictions, which have existed for more than 150 years and which courts and scholars consistently have found to be constitutional. In light of this historical record, Everytown’s brief demonstrates that California’s law does not infringe upon a right protected by the Second Amendment.
Everytown previously submitted an amicus brief in this case in January 2020 in the United States District Court for the Southern District of California. The district court denied all motions for leave to file amicus briefs.
Decision: On November 3, 2020, the district court denied plaintiffs’ motion for preliminary injunctive relief, finding that they were not likely to succeed on their Second Amendment claims and leaving California’s important gun-safety measure—prohibiting the purchase of firearms by those under 21—in place.
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