Legal Opinion

Bauer v. Harris

District Court, E.D. California

Decided March 2, 2015No. 1:11-cv-1440-LJO-MJSPublished

1Opinion of the Court

MEMORANDUM DECISION AND ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENT (Docs. 51, 52)

LAWRENCE J. O’NEILL, District Judge.

I. INTRODUCTION

This case presents a narrow yet novel issue under the Second Amendment to the United States Constitution. Plaintiffs1 bring this suit under 42 U.S.C. § 1983 *1150against Defendants2 in which they contend the State of California’s use of revenue generated by a fee imposed on every firearm sale conducted in the state, the Dealer’s Record of Sale fee (“the DROS fee”), to fund a firearms-related law enforcement program administered by the California Department of Justice…

2Cases cited19 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
  5. District of Columbia v. HellerSupreme Court of the United States · 2008

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