Fresno Rifle and Pistol Club, Inc. v. Van de Kamp

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Fresno Rifle and Pistol Club, Inc. v. Van de Kamp, 965 F.2d 723 (9th Cir. 1992), the Court of Appeals for the Ninth Circuit affirmed the lower district court's decision to dismiss complaints from "several local, state, and national clubs which sponsor shooting competitions and represent the interests of firearm owners, individuals who own or wish to purchase firearms to use in the federal Civilian Marksmanship Program, and two gun manufacturers who make firearms which are designated as "assault weapons" and are regulated by California's Roberti-Roos Assault Weapons Control Act of 1989 ("AWCA")," that that the AWCA is an unconstitutional Bill of Attainder, and inhibits their Second Amendment right to bear arms.

The Court Concluded:

"In this view we join the Seventh Circuit, which considered arguments similar to those plaintiffs make in this case, and held that Cruikshank and Presser are still controlling. See Quilici v. Village of Morton Grove, 695 F.2d 261, 269-70 (7th Cir. 1982) (upholding local ordinance prohibiting possession of handguns in village; Presser is still "good law," especially in light of Supreme Court's rejection of theory "that the entire Bill of Rights applies to the states through the fourteenth amendment"), cert. denied, 464 U.S. 863, 78 L. Ed. 2d 170 , 104 S. Ct. 194 (1983). Until such time as Cruikshank and Presser are overturned, the Second Amendment limits only federal action, and we affirm the district court's decision "that the Second Amendment stays the hand of the National Government only.""
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