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BRIEF of AMICUS CURIAE EVERYTOWN for GUN SAFETY in SUPPORT of DEFENDANT’S MSJ Case 8:17-Cv-00746-JLS-JDE Document 82-1 Filed 04/01/19 Page 2 of 29 Page ID #:4706

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BRIEF of AMICUS CURIAE EVERYTOWN for GUN SAFETY in SUPPORT of DEFENDANT’S MSJ Case 8:17-Cv-00746-JLS-JDE Document 82-1 Filed 04/01/19 Page 2 of 29 Page ID #:4706 Case 8:17-cv-00746-JLS-JDE Document 82-1 Filed 04/01/19 Page 1 of 29 Page ID #:4705 1 MATTHEW E. SLOAN (SBN 165165) [email protected] 2 MATTHEW J. TAKO (SBN 307013) [email protected] 3 EVAN G. SLOVAK (SBN 319409) [email protected] 4 AGNES N. ANIOL (SBN 324467) [email protected] 5 300 South Grand Avenue Los Angeles, California 90071-3144 6 Telephone: (213) 687-5000 Facsimile: (213) 687-5600 7 Attorneys for Amicus Curiae 8 Everytown for Gun Safety 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 SOUTHERN DIVISION 12 ) 13 STEVEN RUPP, et al., ) CASE NO.: 8:17-cv-00746-JLS-JDE ) 14 Plaintiffs, ) BRIEF OF AMICUS CURIAE ) EVERYTOWN FOR GUN SAFETY 15 v. ) IN SUPPORT OF DEFENDANT’S ) MOTION FOR SUMMARY 16 XAVIER BECERRA, in his official ) JUDGMENT capacity as Attorney General of the ) 17 State of California, ) Hearing Date: May 31, 2019 ) Hearing Time: 10:30 a.m. 18 Defendant. ) Courtroom: 10A ) Judge: Hon. Josephine L. 19 ) Staton 20 21 22 23 24 25 26 27 28 BRIEF OF AMICUS CURIAE EVERYTOWN FOR GUN SAFETY IN SUPPORT OF DEFENDANT’S MSJ Case 8:17-cv-00746-JLS-JDE Document 82-1 Filed 04/01/19 Page 2 of 29 Page ID #:4706 1 CORPORATE DISCLOSURE STATEMENT 2 Everytown for Gun Safety has no parent corporations. It has no stock and 3 hence no publicly held company owns 10% or more of its stock. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BRIEF OF AMICUS CURIAE EVERYTOWN FOR GUN SAFETY IN SUPPORT OF DEFENDANT’S MSJ Case 8:17-cv-00746-JLS-JDE Document 82-1 Filed 04/01/19 Page 3 of 29 Page ID #:4707 1 TABLE OF CONTENTS 2 Page 3 CORPORATE DISCLOSURE STATEMENT ......................................................... 1 4 TABLE OF AUTHORITIES ..................................................................................... ii 5 INTEREST OF AMICUS CURIAE ........................................................................... 1 6 INTRODUCTION ..................................................................................................... 1 7 ARGUMENT ............................................................................................................. 3 8 I. California’s Prohibition of Assault Weapons Is Part of a Longstanding History of Analogous Prohibitions. ............................... 3 9 A. The AWCA Is Consistent with Centuries of Laws 10 Prohibiting Weapons Deemed To Be Especially Dangerous Dating from the Colonial Period to the Present Day. ................. 5 11 B. States Have Prohibited Semi-Automatic Firearms Capable 12 of Quickly Firing Multiple Rounds Since the Early Twentieth Century. ..................................................................... 7 13 II. The “Common Use” Test Proposed by Plaintiffs Is Illogical and 14 Should Not Be Followed. ...................................................................... 9 15 A. Plaintiffs’ “Common Use” Test Is Logically Circular and an Unreasonable Constraint on Federalism Principles. ............ 10 16 B. The “Common Use” Test Should Instead Be Used To 17 Evaluate Whether the Weapon Is Necessary for the Core Second Amendment Right of Home Defense. .......................... 14 18 III. The Use of Assault Weapons Makes Mass Shootings and Other 19 Gun-Violence Incidents Deadlier and It Is in California’s Interest To Regulate These Weapons To Protect the Public. .......................... 15 20 CONCLUSION ........................................................................................................ 21 21 22 23 24 25 26 27 28 i BRIEF OF AMICUS CURIAE EVERYTOWN FOR GUN SAFETY IN SUPPORT OF DEFENDANT’S MSJ Case 8:17-cv-00746-JLS-JDE Document 82-1 Filed 04/01/19 Page 4 of 29 Page ID #:4708 1 TABLE OF AUTHORITIES 2 Cases 3 Aymette v. State, 21 Tenn. 154 (1840) ........................................................................................... 6 4 Cockrum v. State, 5 24 Tex. 394 (1859) ............................................................................................. 6 6 District of Columbia v. Heller, 554 U.S. 570 (2008) ....................................................................... 2, 4, 5, 10, 15 7 Drake v. Filko, 8 724 F.3d 426 (3d Cir. 2013) ............................................................................... 9 9 Friedman v. City of Highland Park, 784 F.3d 406 (7th Cir. 2015) ........................................................ 2, 4, 10, 14, 17 10 Fyock v. City of Sunnyvale, 11 779 F.3d 991 (9th Cir. 2015) .................................................................. 4, 15, 16 12 Gallinger v. Becerra, 898 F.3d 1012 (9th Cir. 2018) ...................................................... 2, 5, 15, 16, 18 13 Heller v. District of Columbia, 14 670 F.3d 1244 (D.C. Cir. 2011) ................................................................... 2, 15 15 Jackson v. City & County of San Francisco, 746 F.3d 953 (9th Cir. 2014) ........................................................................ 3, 14 16 Kolbe v. Hogan, 17 849 F.3d 114 (4th Cir. 2017) ........................................... 2, 10, 11, 12, 15,18, 20 18 McDonald v. City of Chicago, 561 U.S. 742 (2010) ......................................................................................... 14 19 N.Y. State Rifle & Pistol Ass’n, Inc. v. Cuomo, 20 804 F.3d 242 (2d Cir. 2015) ................................................................... 2, 18, 20 21 National Rifle Ass’n of America v. Bureau of Alcohol, Tobacco, Firearms & Explosives, 22 700 F.3d 185 (5th Cir. 2012) .............................................................................. 4 23 People v. Gleason, No. H042771, 2017 WL 6276235 (Cal. Ct. App. Dec. 11, 2017) ..................... 2 24 People v. James, 25 174 Cal. App. 4th 662 (2009) ......................................................................... 2, 5 26 People v. Zondorak, 220 Cal. App. 4th 829 (2013) ............................................................................. 2 27 Teixeira v. County of Alameda, 28 873 F.3d 670 (9th Cir. 2017) .............................................................................. 5 ii BRIEF OF AMICUS CURIAE EVERYTOWN FOR GUN SAFETY IN SUPPORT OF DEFENDANT’S MSJ Case 8:17-cv-00746-JLS-JDE Document 82-1 Filed 04/01/19 Page 5 of 29 Page ID #:4709 1 United States v. Skoien, 614 F.3d 638 (7th Cir. 2010) .............................................................................. 4 2 Worman v. Healey, 3 293 F. Supp. 3d 251 (D. Mass. 2018)............................................................... 10 4 Statutes 5 Act of July 8, 1932, ch. 465, §§ 1, 14, 47 Stat. 650 ..................................................... 7 6 1763-1775 N.J. Laws 346 ............................................................................................. 5 7 1837 Ala. Sess. Laws 7 ................................................................................................. 6 8 1837 Ga. Laws 90 ......................................................................................................... 6 9 1837-1838 Tenn. Pub. Acts 200 ................................................................................... 6 10 1879 Tenn. Pub. Acts 136, ch. 96, § 1 .......................................................................... 6 11 1881 Ark. Acts 192 ....................................................................................................... 6 12 1903 S.C. Acts 127-28 .................................................................................................. 6 13 1907 Ala. Sess. Laws 80 ............................................................................................... 6 14 1909 Me. Laws 141 ...................................................................................................... 6 15 1911 N.Y. Laws 442 ..................................................................................................... 6 16 1912 Vt. Acts & Resolves 310 ..................................................................................... 6 17 1913 Iowa Acts 307, ch. 297, § 2 ................................................................................. 6 18 1913 Minn. Laws 55 ..................................................................................................... 6 19 1916 N.Y. Laws 338-39 ................................................................................................ 6 20 1917 Cal. Stat. 221 ........................................................................................................ 6 21 1917 Minn. Laws 354 ................................................................................................... 6 22 1926 Mass. Acts 256 ..................................................................................................... 6 23 1927 Cal. Stat. 938 ........................................................................................................ 8 24 1927 Mich. Pub. Acts 887-89 ....................................................................................... 6 25 1927 Mich. Pub. Acts 888 ............................................................................................ 7 26 1927 R.I. Pub. Laws 256-59 ......................................................................................... 7 27 1927 R.I. Pub. Laws 259 ............................................................................................... 6 28 S. Rep. No. 72-575 (1932) ............................................................................................ 8 iii BRIEF OF AMICUS CURIAE EVERYTOWN FOR GUN SAFETY IN SUPPORT OF DEFENDANT’S
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