- law firms
- Relevant Documents
- The judge had previously dismissed the injunction, finding that the challenge was unlikely to succeed.
- Most claims dismissed with permission to resubmit
(Reuters) – A gun rights group’s legal action against a San Jose, Calif., ordinance requiring gun owners to purchase insurance and pay a premium to a non-profit organization dedicated to preventing gun violence may continue, the federal government ruled. referee.
U.S. District Judge Beth Labson Freeman on Friday granted most of the city’s motion to dismiss the case filed by the National Gun Rights Association in Colorado, but said the group could re-file most of the dismissed claims. She said much of the lawsuit could not yet be resolved because it was not clear how the law would be applied.
Labson also dismissed in its entirety a similar lawsuit by two other groups, the Howard Jarvis Taxpayers Association and the Silicon Valley Taxpayers Association, also with permission to resubmit.
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“The court ruling explains that even now, the city has still not made the most basic decisions on how to implement the ordinance, and therefore it simply cannot resolve the case,” said Mike Colombo of Dhillon Law Group, a NAGR lawyer.
Lawyers for San Jose and other groups did not immediately respond to requests for comment.
San Jose passed a first-of-its-kind regulation in January that requires gun owners to obtain liability insurance covering loss and damage resulting from the careless or accidental use of their guns. The law also requires gun owners to make an annual contribution to a non-profit gun violence organization designated by the city manager of San Jose.
NAGR sued immediately after the passage of the law, stating that requiring insurance restricts the right to bear arms under the 2nd Amendment to the US Constitution, and requiring payments to a non-profit organization is unconstitutional forced action under the 1st Amendment. In March, the HJTA and SVTA filed a lawsuit to challenge only the toll claim, arguing that it violates the right to free speech under the 1st Amendment and the California constitution, and illegally delegates city council tax authority to the city manager.
The measure was supposed to go into effect in August, but the city has put it on hold pending legal action.
In August, Freeman denied NAGR’s motion for a preliminary injunction blocking the law, arguing that challenging the insurance claim was unlikely to succeed under the new standard set in June by the U.S. Supreme Court in New York State Shooters and Pistols Association v. USA. . Bruen, who believed that gun regulations were allowed if they were consistent with those traditionally used in US history. Freeman said the insurance requirement was similar to some 19th-century laws requiring gun owners to post a bond to carry a gun.
Freeman also said that challenging the fee claim was premature because the nonprofit had not yet been identified.
Friday’s order followed similar reasoning. Freeman said the 2nd Amendment objection should be dismissed because the complaint was made before Bruen, but gave NAGR the opportunity to re-file it under the new standard.
She said an appeal against the fees was not yet ripe for a decision in court, but said they could also be re-filed by February if the city takes further steps to implement the law.
Case of the National Association for Gun Rights v. City of San Jose, U.S. District Court for the Northern District of California, No. 5:22-cv-00501.
From NAGR: Mike Colombo of Dhillon Law Group
From HJTA and SVTA: Timothy Bittle of HJTA
From San Jose: Tamara Prevost of Cotchett, Pitre & McCarthy
Judge says she’s unlikely to block gun insurance law in California
U.S. Supreme Court expands gun rights and overturns New York law
San Jose votes to become first US city to have mandatory gun liability insurance
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Reporting by Brendan Pearson in New York
Our Standards: Thomson Reuters Trust Principles.
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