Ninth Circuit Upholds California Mandate for Continuous Video and Audio Monitoring of Gun Stores
A three-judge Ninth Circuit panel affirmed California's requirement that licensed firearm dealers keep 24-hour video and audio surveillance, rejecting First, Fourth and Fifth Amendment challenges.
A federal appeals panel in Pasadena ruled that California's 2023 statute requiring federally licensed firearm dealers to operate continuous video and audio surveillance systems remains constitutional. Judge Lucy Koh, writing for the majority, concluded that the law does not breach the First, Fourth or Fifth Amendments since the state has not demonstrated any physical intrusion or unauthorized use of the recordings, and it serves a legitimate public-safety interest.
The dissent by Judge Kenneth Lee described the mandate as an unprecedented intrusion that could suppress political speech within gun stores. The plaintiffs, including the California Rifle & Pistol Association, had previously lost a district-court dismissal and now intend to pursue an en banc rehearing and possibly Supreme Court review. Neither the California Attorney General’s Office nor the dealers' representatives provided comments on the ruling.
Why it matters
The decision determines whether continuous surveillance of gun retailers is permissible, affecting gun-store operations and constitutional rights.
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