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Ninth Circuit Upholds California Law Allowing Gun Owners’ Private Data to be Shared with Research Institutions in NRA-ILA-Supported Case

Monday, May 13, 2024

Ninth Circuit Upholds California Law Allowing Gun Owners’ Private Data to be Shared with Research Institutions in NRA-ILA-Supported Case

On May 8, 2024, the Ninth Circuit Court of Appeals upheld California’s law requiring California’s Department of Justice to provide firearm purchasers’ and CCW applicants’ information to research institutions.

In September 2021, California enacted AB 173, which allows the state to disclose highly sensitive information—including a gun owner’s name, social security number, address, place of birth, phone number, occupation, driver’s license or ID number, race, sex, height, weight, hair color, eye color, and the types of firearms they own—to universities and other research institutions. In January 2022, NRA filed suit to stop this attack on gun owners’ privacy.

After the district court ruled in favor of the state, the NRA appealed the case to the Ninth Circuit. This week, unfortunately, the Ninth Circuit affirmed the district court’s decision.

The plaintiffs brought four claims in this case, all of which the court rejected:

Second Amendment: The court held that there was no Second Amendment violation, because the plaintiffs may still purchase, keep, and carry firearms. Moreover, the court denied that the data-sharing has a chilling effect on Second Amendment rights because the law ensures strict data security precautions—despite the fact that a data breach occurred during the pendency of this case.

Fourteenth Amendment right to informational privacy: The court held that there was no Fourteenth Amendment violation, because the information at issue is not intimate personal information in which the plaintiffs have a reasonable expectation of nondisclosure.

Due Process: The plaintiffs argued that the law violates due process because it allows the state to share information that gun owners provided before the law went into effect—when those gun owners reasonably expected that only state agencies would use the information. The court rejected this argument because the law does not apply any new legal consequences to the conduct that occurred before the law’s implementation.

Preemption: The court held there was no violation of the federal Privacy Act (which requires that individuals be provided certain information when required to disclose their social security numbers) because the current CCW application does not request social security numbers. The court found it irrelevant that older CCW applications—which were shared with research institutions—requested social security numbers.

NRA-ILA is disappointed by the Ninth Circuit’s decision but will continue to fight against California’s relentless assault on Californians’ Second Amendment rights.

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights.

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NRA Files Amicus Brief Arguing that Washington’s Magazine Ban Violates the Second Amendment

Friday, November 15, 2024

NRA Files Amicus Brief Arguing that Washington’s Magazine Ban Violates the Second Amendment

Today, NRA filed an amicus brief in the Supreme Court of the State of Washington in a challenge to Washington’s prohibition on magazines that hold over 10 rounds.

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Saturday, November 9, 2024

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Today, the U.S. District Court for the Southern District of Illinois struck down provisions of the Protect Illinois Communities Act (PICA) that prohibit “assault weapons” and “large-capacity magazines” in an NRA-supported case, Barnett v. Raoul.

Michigan: Take Action Against "Gun-Free Zone" Bills Today!

Friday, November 15, 2024

Michigan: Take Action Against "Gun-Free Zone" Bills Today!

Yesterday, the Senate Committee on Civil Rights, Judiciary, and Public Safety SB 857 and SB 858 with amendments and the bills will now be eligible for votes on the Senate floor. Please use the take action button below and ...

PREFILING OF LEGISLATION BEGINS IN TEXAS FOR THE 2025 SESSION

Friday, November 15, 2024

PREFILING OF LEGISLATION BEGINS IN TEXAS FOR THE 2025 SESSION

Prefiling of legislation for the 2025 Regular Session of the Texas Legislature began on Tuesday.  Within the first three days, more than 75 firearm-related bills had been filed, the majority of which were anti-gun measures ...

Michigan: Senate Committee to Vote on Expanding Gun-Free Zones

Tuesday, November 12, 2024

Michigan: Senate Committee to Vote on Expanding Gun-Free Zones

Tomorrow, the Senate Committee on Civil Rights, Judiciary, and Public Safety will take up SB 857 and SB 858. These bills would dramatically expand “gun-free zones” in the state and drastically limit where those with a concealed pistol ...

Kamala for Gun Confiscation: In Her Own Words

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Monday, September 16, 2024

Kamala for Gun Confiscation: In Her Own Words

During the September 10 presidential debate, President Donald Trump correctly highlighted Democratic presidential nominee Kamala Harris’s support for gun confiscation. A visibly defensive Harris claimed, “We're not taking anybody's guns away. So stop with the ...

Michigan: House of Representatives to Take Important Vote on Anti-Gun Bills

Tuesday, November 12, 2024

Michigan: House of Representatives to Take Important Vote on Anti-Gun Bills

Tomorrow, the Michigan House of Representatives is expected to vote on two packages of anti-gun bills. Use the take action button below to contact your Representative and urge them to oppose these anti-gun bills!  

NRA Files Official Protest to Bears Ears Shooting Closure

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Monday, November 4, 2024

NRA Files Official Protest to Bears Ears Shooting Closure

On Friday, NRA-ILA and other sportsmen’s groups filed a formal protest against the Biden-Harris administration’s plan to close recreational shooting access to 1.3 million acres in the Bears Ears National Monument in Utah.

Kamala’s Big Problem: She’s Already Shown Us Who She Is

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Monday, October 28, 2024

Kamala’s Big Problem: She’s Already Shown Us Who She Is

At a town hall event on October 21 in Royal Oak, Michigan, Democrat presidential candidate Vice President Kamala Harris was asked how she would make “impactful and immediate progress around gun violence” if she was ...

The Choice is Clear: OPPOSE Kamala Harris and Her Extreme Anti-Gun Record

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Monday, November 4, 2024

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.