Case Information: Pena v. Lindley, No. 15-15449 (9th Cir. Brief Filed Sept. 28, 2015)
At Issue: This case presents a Second Amendment challenge to the California Unsafe Handgun Act (“UHA”), which requires that all handguns must meet certain safety requirements before they may be sold within the State. The district court from the Eastern District of California rejected this challenge, noting that the UHA is a regulation on the commercial sale of arms and is therefore a “presumptively lawful” regulation falling outside the scope of the Second Amendment. The case is now on appeal before the Ninth Circuit.
The Law Center’s Brief: The Law Center’s brief addresses the importance of the Unsafe Handgun Act in keeping cheap and poorly made handguns off of the streets in California. The brief argues that the district court correctly concluded that the UHA law falls outside the scope of the Second Amendment, as it merely places a condition on the commercial sale of handguns and does not act as a prohibition. In the alternative, even if the UHA does burden conduct protected by the Second Amendment, it easily passes constitutional review under intermediate scrutiny, which is the appropriate level of review in this context, because of the minimal burden that the UHA imposes on the right to possess a firearm in the home for self-defense.