Two New Weapons Cases Rely on Historical Constitutional Guides to Regulate (or not) Access to Guns

By Robert Phillips
Deputy District Attorney (Ret).

Hardy Decision:

• Possession of Assault Weapons
• Short-barreled Shotguns, Silencers
• Large-capacity Magazines
• Transfer of Firearms

In April 2026, California’s Second District Court (Div. 6, San Luis Obispo) upheld several statutes that sought to outlaw various types of weapons. (People v. Hardy (Apr. 22, 2026) 120 Cal.App.5th 45.)

In Hardy, a defendant plead guilty to the unlawful manufacture, distribution, sale or transport of assault weapon (Pen. Code § 30600(a)), possession of a short-barreled shotgun (Pen. Code § 33215), possession of a silencer (Pen. Code § 33410), unlawful large-capacity magazine activity (Pen. Code § 32310(a)), and transfer of a handgun without the involvement of a licensed firearms dealer (Pen. Code § 27545). On appeal, the defendant challenged the constitutionality of P.C. §§ 30600(a) (outlawing assault weapons) and 33215 (outlawing short-barreled shotguns), arguing that these statutes are in violation of the Second Amendment’s right to keep and bear arms. 

The Ninth Circuit Court of Appeal affirmed the judgment, holding that the defendant’s facial constitutional challenges to these statutes failed because neither assault weapons nor short-barreled ....

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