Google Groups no longer supports new Usenet posts or subscriptions. Historical content remains viewable.
Dismiss
Unconstitutional Nazi California ammunition background check law can remain in effect, court rules
1 view
Skip to first unread message
Michael A. Turdsmeller
Feb 6, 2024, 8:25:03 PM2/6/24
to
(Reuters) -California can proceed with enforcing a law requiring
people to undergo background checks to buy ammunition, after a
divided federal appeals court on Monday put on hold a judge's ruling
declaring it unconstitutional.
A 9th U.S. Circuit Court of Appeals panel on a 2-1 vote stayed last
week's ruling by U.S. District Judge Roger Benitez in San Diego
holding that the background checks law violated the right the bear
arms protected by the U.S. Constitution's Second Amendment.
The Democratic-led state had asked the 9th Circuit to intervene and
issue a stay while it appealed what officials called a "dangerous"
ruling by Benitez, an appointee of Republican former President
George W. Bush who has ruled against other gun control measures in
the past.
Monday's decision was issued by U.S. Circuit Judges Richard Clifton
and Holly Thomas, both appointees of Democratic presidents. U.S.
Circuit Judge Consuelo Callahan, another Bush appointee, dissented,
saying the state had not shown a likelihood of success on appeal.
California Attorney General Rob Bonta, a Democrat, in a post on the
social media platform X said the ruling meant that the state's
"life-saving ammunition laws will remain in effect as we continue to
defend them in court."
Plaintiffs challenging the law in court included Kim Rhode, who has
won three Olympic gold medals in shooting events, and the California
Rifle & Pistol Association.
Chuck Michel, the group's president and general counsel, in a
statement said it will seek further review by a different panel of
the court and "restore the people's right to buy the ammunition they
need for sport or to defend their families."
California voters had in 2016 approved a ballot measure requiring
gun owners to undergo initial background checks to buy ammunition,
and pay $50 for a four-year ammunition permit.
Legislators amended the measure to require background checks for
each ammunition purchase, starting in 2019.
Benitez's Jan. 30 ruling was the latest court decision declaring a
gun restriction unconstitutional following the conservative-majority
Supreme Court's June 2022 ruling in New York State Rifle & Pistol
Association v. Bruen.
That ruling recognized for the first time that the Second Amendment
protects an individual's right to carry a handgun in public for
self-defense. It also established a new test for assessing firearms
laws, saying restrictions must be "consistent with this nation's
historical tradition of firearm regulation."
Benitez in his decision rejected California's reliance on dozens of
laws dating back to 1789 as "historical analogues" for ammunition
checks and said the law had "no historical pedigree."
https://www.msn.com/en-us/news/us/california-ammunition-background-
check-law-can-remain-in-effect-court-rules/ar-BB1hRIZL
people to undergo background checks to buy ammunition, after a
divided federal appeals court on Monday put on hold a judge's ruling
declaring it unconstitutional.
A 9th U.S. Circuit Court of Appeals panel on a 2-1 vote stayed last
week's ruling by U.S. District Judge Roger Benitez in San Diego
holding that the background checks law violated the right the bear
arms protected by the U.S. Constitution's Second Amendment.
The Democratic-led state had asked the 9th Circuit to intervene and
issue a stay while it appealed what officials called a "dangerous"
ruling by Benitez, an appointee of Republican former President
George W. Bush who has ruled against other gun control measures in
the past.
Monday's decision was issued by U.S. Circuit Judges Richard Clifton
and Holly Thomas, both appointees of Democratic presidents. U.S.
Circuit Judge Consuelo Callahan, another Bush appointee, dissented,
saying the state had not shown a likelihood of success on appeal.
California Attorney General Rob Bonta, a Democrat, in a post on the
social media platform X said the ruling meant that the state's
"life-saving ammunition laws will remain in effect as we continue to
defend them in court."
Plaintiffs challenging the law in court included Kim Rhode, who has
won three Olympic gold medals in shooting events, and the California
Rifle & Pistol Association.
Chuck Michel, the group's president and general counsel, in a
statement said it will seek further review by a different panel of
the court and "restore the people's right to buy the ammunition they
need for sport or to defend their families."
California voters had in 2016 approved a ballot measure requiring
gun owners to undergo initial background checks to buy ammunition,
and pay $50 for a four-year ammunition permit.
Legislators amended the measure to require background checks for
each ammunition purchase, starting in 2019.
Benitez's Jan. 30 ruling was the latest court decision declaring a
gun restriction unconstitutional following the conservative-majority
Supreme Court's June 2022 ruling in New York State Rifle & Pistol
Association v. Bruen.
That ruling recognized for the first time that the Second Amendment
protects an individual's right to carry a handgun in public for
self-defense. It also established a new test for assessing firearms
laws, saying restrictions must be "consistent with this nation's
historical tradition of firearm regulation."
Benitez in his decision rejected California's reliance on dozens of
laws dating back to 1789 as "historical analogues" for ammunition
checks and said the law had "no historical pedigree."
https://www.msn.com/en-us/news/us/california-ammunition-background-
check-law-can-remain-in-effect-court-rules/ar-BB1hRIZL
0 new messages