California Says Glock-Style Pistols Don’t Qualify For Second Amendment Rights

Gage Skidmore, CC BY-SA 4.0 , via Wikimedia Commons

California is defending its new restriction on Glock-style pistols by arguing that “machine gun convertible pistols” are not protected by the Second Amendment, setting up a high-stakes constitutional fight with the Trump administration over one of the state’s newest gun control laws.

The filing comes in response to a Justice Department lawsuit seeking to block Assembly Bill 1127, which took effect July 1 and prohibits licensed firearms dealers from selling semiautomatic pistols using illegal conversion devices commonly known as “Glock switches.” The federal lawsuit also challenges California’s longstanding handgun roster.

California Defends Constitutionality

In court filings, attorneys for California argue the law regulates a narrow category of firearms that pose unique public safety risks because they can be quickly converted into illegal machine guns.

The state contends those firearms fall outside the scope of constitutional protection recognized by the Supreme Court because of their alleged connection to dangerous criminal activity and their ability to be modified into prohibited automatic weapons.

State officials also argue the law does not prohibit handgun ownership generally, noting that Californians may continue to possess previously acquired firearms covered by the statute and purchase other handguns that comply with state law.

DOJ Says Ban Violates Second Amendment

The Trump administration argues California’s position conflicts with Supreme Court precedent protecting firearms that are commonly owned for lawful purposes.

In announcing the lawsuit, Acting Attorney General Todd Blanche said California “cannot ban the most popular type of handgun in America,” while Assistant Attorney General Harmeet Dhillon argued the state is attempting to prohibit lawful firearms because criminals may illegally modify them.

The Justice Department also challenges California’s handgun roster, arguing it unlawfully restricts which handguns law-abiding residents may purchase.

Battle Centers On Glock Switches

California lawmakers enacted AB 1127 after citing a sharp increase in crimes involving illegal conversion devices.

Federal law already prohibits machine guns and the conversion devices themselves. Supporters of the California law argue restricting firearms that can easily accept those devices closes a loophole and makes it more difficult for criminals to obtain convertible pistols.

Gun rights advocates counter that the state is banning firearms overwhelmingly purchased for lawful self-defense because of hypothetical criminal misuse, comparing the argument to banning other legal firearms that could also be illegally modified.

Major Second Amendment Case Looms

The lawsuit is one of several Second Amendment challenges the Trump Justice Department has filed against Democratic-led states in recent weeks.

It also comes as the Supreme Court prepares to hear challenges to semiautomatic rifle bans in Illinois and Connecticut, signaling that the justices are likely to continue defining the constitutional limits of state firearms regulations.

If California prevails, the decision could strengthen states’ authority to regulate firearms based on their potential for illegal modification. If the Justice Department succeeds, the ruling could invalidate one of California’s newest gun control measures and further expand Second Amendment protections for commonly owned handguns.

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Patrick Houck

Patrick Houck is an avid political enthusiast based out of the Washington, D.C., metro area. His expertise is in campaigns and the use of targeted messaging to persuade voters. When not combing through the latest news, you can find him enjoying the company of family and friends or pursuing his love of photography.

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