Legal Opinion

Barry Bauer v. Xavier Becerra

Court of Appeals for the Ninth Circuit

Decided June 1, 2017No. 15-15428PublishedCited by 15 opinions

1Opinion of the Court

OPINION

THOMAS, Chief Judge:

In this appeal, we consider whether California’s allocation of $5 of a $19 fee on firearms transfers to fund enforcement efforts against illegal firearm purchasers violates the Second Amendment. We conclude that, even if collection and use of the fee falls within the scope of the Second Amendment, the provision survives intermediate scrutiny and is therefore constitutional. We affirm the judgment of the district court.

I

California regulates firearm sales and transfers through the Dealer’s Record of Sale (“DROS”) system, which was created a century ago and has been…

2Cases cited24 opinions

  1. District of Columbia v. HellerSupreme Court of the United States · 2008
  2. Murdock v. PennsylvaniaSupreme Court of the United States · 1943
  3. Cox v. New HampshireSupreme Court of the United States · 1941
  4. Rhonda Ezell v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2011
  5. United States v. MarzzarellaCourt of Appeals for the Third Circuit · 2010

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3Cited by15 opinions

  1. United States v. CoxCourt of Appeals for the Tenth Circuit · 2018
  2. Virginia Duncan v. Rob BontaCourt of Appeals for the Ninth Circuit · 2021
  3. Virginia Duncan v. Xavier BecerraCourt of Appeals for the Ninth Circuit · 2020
  4. Robert Mahoney v. City of SeattleCourt of Appeals for the Ninth Circuit · 2017
  5. George Young, Jr. v. State of HawaiiCourt of Appeals for the Ninth Circuit · 2018

10 more not listed; retrieve them via the Exa API.

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