Regina v. State of California
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Plaintiff sued the State of California, and Rob Bonta and Xavier Becerra in their capacities as the current and former Attorney General after a federally licensed firearms dealer refused to complete Plaintiff’s purchase of an antique shotgun. Plaintiff alleged the dealer had received a letter from the Department pursuant to section 28220, subdivision (f)(4), advising it that the Department had been unable within the statutory period to ascertain Plaintiff’s eligibility to purchase the firearm. Although the Department’s letter, in accordance with section 28220, subdivision (f)(4), authorized the immediate transfer of the firearm to Plaintiff at the dealer’s discretion, the dealer elected not to do so, telling Plaintiff it was unwilling to “take the risk.” In his operative second amended complaint, Plaintiff alleged a federal civil rights claim and requested declaratory relief.
The Second Appellate District affirmed. The court explained Plaintiff’s causes of action are premised on the contention that section 28220, subdivision (f)(4), violates the Second Amendment or is preempted by federal law. Both arguments are wrong as a matter of law. Because Plaintiff has not demonstrated how his complaint could be amended to state viable claims, the trial court did not err in sustaining the State’s demurrer to the second amended complaint without leave to amend.
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