NATIONAL SHOOTING SPORTS FOUNDATION v. STATE OF CALIFORNIA

Respondent’s Supplemental Brief

Cal.March 22, 2018

SUPREME COURT 2OPY SUPREME COURT FILED MAR 2 2 2018 Jn the Supreme Court of the State of Caltfornia Jorge Navarrete Clerk Deputy NATIONAL SHOOTING SPORTS FOUNDATION,INC.,et al., Plaintiffs and Appellants, Vv. STATE OF CALIFORNIA, Defendant and Respondent. Case No. 8239397 Fifth Appellate District, Case No. F072310 Fresno County Superior Court, Case No. 14CECG00068 The Honorable Donald S. Black, Judge SUPPLEMENTAL BRIEF (Cal. Rules Court, rule 8.520(d)) XAVIER BECERRA Attorney General of California EDWARD C, DUMONT Solicitor General *JANILL L. RICHARDS (SBN 173817) Principal Deputy Solicitor General THOMASS. PATTERSON Senior Assistant Attorney General MARK R. BECKINGTON Supervising Deputy Attorney General NELSON R. RICHARDS Deputy Attorney General SAMUELP. SIEGEL Associate Deputy Solicitor General 1515 Clay Street Oakland, CA 94612-1499 (510) 879-0858 Janill.Richards@doj.ca.gov Attorneysfor Defendant and Respondent State ofCalifornia Asthe State noted in its opening brief, a Second Amendment challenge to California’s Unsafe Handgun Act, including the microstamping requirement at issue in this appeal, is now pending in federal court. (OBM 17, fn. 11; see Pefia v. Lindley, Ninth Circuit Case No. 15-15449.) As the State then reported, the Ninth Circuit heard oral argumentin that case on March 16, 2017. Ud. at ECF No. 10359372.) As of the date of this brief, Pefia remains under submission, and the Ninth Circuit has not yet issued its opinion. Dated: March 22, 2018 Respectfully submitted, XAVIER BECERRA Attorney General of California EDWARD C. DUMONT Solicitor General ome L. Eee lands [msm JANILL L. RICHARDS Principal Deputy Solicitor General THOMAS S. PATTERSON Senior Assistant Attorney General MARK R. BECKINGTON ‘Supervising Deputy Attorney General NELSON R. RICHARDS Deputy Attorney General SAMUELP.,SIEGEL Associate Deputy Solicitor General Attorneysfor Defendant and Respondent State ofCalifornia CERTIFICATE OF COMPLIANCE I certify that the attached SUPPLEMENTALBRIEFusesa 13-point Times New Romanfont and contains 89 words, as counted by the Microsoft Word word-processing program, excluding the parts of the brief excluded by California Rules of Court, rule 8.520(c)(3). Dated: March 22, 2018 XAVIER BECERRA Attorney General of California Vonell L. Eichmts [MSH JANILL L. RICHARDS Principal Deputy Solicitor General Attorneysfor Defendant and Respondent State ofCalifornia DECLARATION OF SERVICE BY U.S. MAIL Case Name: National Shooting Sports Foundation v. State of California (Cal Supreme Court) No.: §239397 I declare: [am employed in the Office of the Attorney General, whichis the office of a memberofthe California State Bar, at which member’s direction this service is made. I am 18 years of age or older and nota party to this matter; my business address is 1300 I Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550. On March 22, 2018, I served the attached SUPPLEMENTALBRIEFbyplacing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States Mail at Sacramento, California, addressed as follows: Lance A. Selfridge Lewis, Brisbois, Bisgaard & Smith, LLP 633 West Sth Street, Suite 4000 Los Angeles, CA 90071 , Attorneys for Plaintiff Daniel C. DeCarlo Lewis, Brisbois, Bisgaard & Smith, LLP 633 West 5th Street, Suite 4000 Los Angeles, CA 90071 Attorneys for Plaintiff Lawrence G. Keane, Esq. General Counsel National Shooting Sports Foundation,Inc. 11 Mile Hill Road Newtown, Connecticut 06470 Attorneys for Plaintiff Oliver W. Wanger Wanger Jones Helsley PC 265 E. River Park Circle, Suite 310 Post Office Box 28340 Fresno, CA 93729 Attorneys for Plaintiff Fifth Appellate District Court of Appeal of the State of California 2424 Ventura Street Fresno, CA 9372] County of Fresno Downtown Courthouse Superior Court of California 1100 Van Ness Avenue Fresno, CA 93724-0002 I declare under penalty of perjury underthe laws of the State of California the foregoingis true and correct and that this declaration was executed on March 22, 2018, at Sacramento, California. Ann Cerussi Declarant $A2017105118 Signature