Federal Judge Blocks DOJ Motion To Halt California Glock Ban As Challenge Proceeds
Federal Judge Blocks DOJ Motion To Halt California Glock Ban As Challenge Proceeds
We recently reported how the U.S. Department of Justice, in its quest to rid Americans of unjust, unconstitutional gun laws, had filed a lawsuit against California challenging its ban on Glock-style handguns and its handgun roster, which severely restricts what handgun models can be purchased by lawful citizens.
The DOJ’s TRO motion was denied, but the case still moves forward on the merits
Unfortunately, the DOJ recently received a setback in the case. On July 9, a federal judge, appointed by President Joe Biden, denied a DOJ motion for a temporary restraining order that would have blocked the ban on Glocks and other pistols with similar mechanisms.
Among the arguments presented by U.S. District Judge Monica Ramirez Almadani was that the ban doesn’t amount to a total ban on purchasing the handguns since inventory in stores before January 2026 is still available for sale.
Judge Almadani: “AB 1127 does not prohibit the possession” — just the sale
“AB 1127 does not prohibit the possession of semiautomatic machinegun-convertible pistols; it bans firearms dealers from selling the pistols,” Judge Almadani wrote. “There are several exceptions to the law that allow for the continued acquisition of these pistols. For example, firearms dealers are permitted to sell remaining inventory of the convertible pistols received prior to January 1, 2026, and private individuals may acquire convertible pistols from private parties through a licensed firearms dealer. The law also includes carveouts for the transfer of machinegun-convertible pistols under various circumstances. (permitting the transfer of machinegun-convertible pistols to a gunsmith for service or repair, to a private party after temporary safekeeping storage or after a period of temporary prohibition, and to a forensic laboratory employee within the scope and course of employment).”
The exceptions save the ban
The judge also wrote in the ruling that given the exceptions established in AB 1127, it is not clear that California citizens are prohibited outright from acquiring Glock and Glock-style pistols.
The judge called out the DOJ’s “novel theory”
The judge also criticized the DOJ’s rationale for filing the lawsuit, calling it a “novel theory under Section 12601 that California is a governmental authority whose law enforcement officers are engaging in a pattern or practice of depriving individuals of their Second Amendment rights by enforcing AB 1127.”
“While there may be merit to the United States’ claim that AB 1127 unlawfully restricts California constituents’ access to Glock and Glock-type pistols, the novel approach the United States employs to stake its claim is not obviously sound,” she wrote. “To determine this novel issue, the Court will need to carefully interpret the statute and examine its plain language, legislative history, and historical usage, which it cannot achieve here due to the accelerated nature of a TRO.”
The case moves forward — but Glocks stay banned for now
Ultimately, the case will still move forward with the U.S. government’s challenge of the law. But because of this latest ruling, the law will remain in effect while the two sides duke it out in court.