In New York, however, the statutory civil rights laws contain a provision virtually identical to the Second Amendment.
[1][2] Additionally, the U.S. Supreme Court held in McDonald v. Chicago that the protections of the Second Amendment to keep and bear arms for self-defense in one's home apply against state governments and their political subdivisions.
The referendum outlaws the possession of such magazines, requires background checks for all ammunition sales and mandates the reporting of lost or stolen firearms.
[19][29] Following a stay request from Attorney General, Judge Benitez allowed the ban on manufacture, import, and sale of large-capacity magazines to be enforced while keeping in place the injunction against the enforcement of the ban on possession of previously legal large-capacity magazines, including all purchases made between the entry of the Court’s injunction on March 29, 2019 and April 5, 2019, 5:00 p.m.[30] On August 14, 2020, a 9th circuit court ruled the ban on high capacity magazines unconstitutional.
"Gun owners cannot immediately rush to buy high-capacity magazines because a stay issued by the lower court judge remains in place," according to the Associated Press.
[32] Duncan v. Bonta was heard en banc by the Ninth Circuit Court on June 22, 2021.
[33] The en banc Court overturned the lower appellate panel in its ruling, holding that California's regulation of firearms did not violate the 2nd Amendment.
[35] §18710, §32625, §33215, §33410 §27600-27750 [5] On August 25, 2014, the California's 10-day waiting period for gun purchases was ruled unconstitutional by the U.S. District Court for the Eastern District of California which found that "the 10-day waiting periods of Penal Code [sections 26815(a) and 27540(a)] violate the Second Amendment" as applied to members of certain classifications (notably holders of concealed carry permits) and "burdens the Second Amendment rights of the Plaintiffs".
On March 11, 2024, Judge William Q. Hayes declared that the 1-in-30 law as applied to handguns and semi-automatic centerfire rifles violates the Second Amendment.
There is a de facto registry of the sale (including the serial numbers) of handguns and long guns purchased in the state that is maintained by the Department of Emergency Services and Public Protection (DESPP).
If the local permit is denied for any reason, instead one files an appeal to DESPP to have the state board re-examine the application.
On July 24, 2018, the Ninth Circuit Court of Appeals ruled that Hawaii's laws restricting open carry are unconstitutional.
The Bruen decision has left the no issuance of open carry licenses in a grey area at this point.
Law enforcement officers, school administrators, physicians, and mental health professionals can file a clear and present danger report with the Department of Human Services and Illinois State Police, which will revoke the FOID of a person who communicates a serious threat of physical violence or demonstrates threatening physical or verbal behavior.
On November 21, 2023, a three-judge panel in the Fourth Circuit voted 2-1 to strike down the handgun licensing requirement as unconstitutional on 2A grounds.
[82] Some local counties have adopted Second Amendment sanctuary resolutions in opposition to assault weapon laws.
Long guns carried openly in a vehicle may not have a round chambered, but may otherwise have a loaded magazine inserted or inside them.
Some local counties have adopted Second Amendment sanctuary resolutions in opposition to universal background check laws.
More significantly, the court ruled that the issuing authority must "show cause" for denying an applicant a carry license.
[154] Permits issued by local authorities and the Attorney General's office are valid for concealed carry statewide.
On January 31, 2019, the Washington Court of Appeals ruled that the mere possession of a handgun is not sufficient for conducting a Terry stop.
[176] [177] [178] Seattle and Edmonds have passed ordinances mandating safe storage of firearms when not being carried or used.