Zachary H. and Teri A (D081250)
California’s Firearms Restriction under the Domestic Violence Prevention Act Ruled Constitutional. Access to Guns Is A Protected Right for Law Abiding Citizens, not Perpetrators of Domestic Violence
The 4th District Court of Appeal granted our request for partial publication of an opinion on the constitutionality of California’s firearms restriction under the Domestic Violence Prevention Act. The court also agreed to use pseudonyms to protect the survivor’s privacy.
First, the case involved a domestic violence restraining order against a mother, which included a prohibition on possessing firearms. The mother argued that a recent Supreme Court decision, N.Y. State Rifle & Pistol Ass’n v. Bruen 597 U.S. __ [142 S.Ct. 2111] (Bruen), rendered the firearms restriction unconstitutional under the Second Amendment. However, the court clarified that the firearms prohibition does not violate a restrained party’s Second Amendment right, as the Bruen decision only applies to law-abiding citizens, not individuals subject to domestic violence restraining orders.
Second, the opinion also addressed whether an employment exception to the firearms prohibition violated the equal protection clause. The court held that the two groups of individuals, those who need firearms for employment and those who desire firearms for self-protection, are not similarly situated. Even if they were, the court found that the exception is rationally related to the government’s interest in reducing domestic violence. The exception is narrow and limited to specific circumstances, balancing the government’s interest with the economic interests of restrained parties.
Opinion Publication – This opinion is an order modifying an opinion and certifying it for partial publication. It involves a case between Zachary H. and Teri A. in the Court of Appeal, Fourth Appellate District, Division One in California. The opinion also discusses the application of the Second Amendment and equal protection clause in relation to firearms restrictions for individuals subject to restraining orders.
