Fresno Rifle and Pistol Club, Inc. v. John K. Van De Kamp, Esq., in His Official Capacity as Attorney General of the State of California
Court of Appeals for the Ninth Circuit · No. 91-15466 · 965 F.2d 723
👎Unfavorable to gun rights
left California's assault weapons act standing and held the Second Amendment unavailable against the state under then-controlling precedent
GunMapUSA assessment of the outcome's direction, not a statement that the court decided rightly or wrongly.
What the court held
Shooting clubs, competitors in the federal Civilian Marksmanship Program, and two manufacturers challenged California's 1989 Roberti-Roos Assault Weapons Control Act as preempted by the marksmanship program, as a bill of attainder, and as a violation of the Second Amendment. The Ninth Circuit affirmed dismissal, finding no congressional intent to occupy the field of gun control and no actual conflict with the program because the listed rifles are permitted rather than required for competition, and holding that under Cruikshank and Presser the Second Amendment restrains only the federal government and so cannot be asserted against California. The court expressly declined to decide what level of scrutiny would apply.
Summarized from the court's opinion.
What this case is about
challenge to California's Roberti-Roos Assault Weapons Control Act
GunMapUSA summary of the issue, not a quotation from the court.
Key Dates
- 1992-05-22 — Decided
Sources
- CourtListener — retrieved 2026-08-08
Summary of public court records. Not legal advice.