Posted on Thursday, October 22nd, 2015
Case Information: Bauer v. Harris, No. 15-15428 (9th Cir. Brief Filed Oct. 22, 2015)
At Issue: This case involves a Second Amendment challenge to the use of the $19 Dealer Record of Sale (“DROS”) fee — imposed by the State of California on the sale of all firearms — to fund the Armed Prohibited Persons System (APPS), which is used to disarm individuals who have previously purchased a firearm, but who have subsequently become prohibited from firearm possession because of a criminal conviction or other disqualifying event. The district court for the Eastern District of California upheld the DROS fee as a “presumptively lawful” condition placed on the commercial sale of firearms. The case in now on appeal before the Ninth Circuit.
The Law Center’s Brief: The brief argues that the district court correctly determined that the use of the DROS fee to fund APPS does not violate the Second Amendment as it is a “presumptively lawful” condition on the commercial sale of firearms. Moreover, even if this use of the DROS fee were to burden Second Amendment rights, it is valid because it is substantially related to the important government interest of reducing gun crime and violence. Finally, the brief explains the important role played by the DROS fee and the APPS program in addressing gun violence and the unique success that California has had in reducing gun violence through comprehensive firearms regulation.