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    A panel of the San Francisco-based 9th U.S. Circuit Court of Appeals said Wednesday the law violates the right to bear arms.

    Law

    California's under-21 gun sales ban is unconstitutional, court says

    May 11, 20228:20 PM ET

    THE ASSOCIATED PRESS

    A gun store in Arcadia, Calif., on March 15, 2020. A federal appeals court has ruled that California's ban on the sale of semiautomatic weapons to adults under age 21 is unconstitutional.

    Ringo H.W. Chiu/AP

    A U.S. appeals court ruled Wednesday that California's ban on the sale of semiautomatic weapons to adults under 21 is unconstitutional.

    In a 2-1 ruling, a panel of the San Francisco-based 9th U.S. Circuit Court of Appeals said Wednesday the law violates the 2nd Amendment right to bear arms and a San Diego judge should have blocked what it called "an almost total ban on semiautomatic centerfire rifles" for young adults. "America would not exist without the heroism of the young adults who fought and died in our revolutionary army," Judge Ryan Nelson wrote. "Today we reaffirm that our Constitution still protects the right that enabled their sacrifice: the right of young adults to keep and bear arms."

    The Firearms Policy Coalition, which brought the case, said the ruling makes it optimistic age-based gun bans will be overturned in other courts.

    However, the ruling was not a total victory for gun rights advocates.

    They had sought to block the state from requiring a hunting license for purchases of rifles or shotguns by adults under 21 who are not in the military or law enforcement.

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    Handgun sales to those under 21 were already prohibited when the hunting license requirement was passed in 2018 after some of the nation's worst mass shootings were committed by young adults using rifles, including the Valentine's Day slayings at Marjory Stoneman Douglas High School in Parkland, Florida.

    The court ruled the hunting license requirement was reasonable for increasing public safety through "sensible firearm control."

    In 2019, the state passed an additional law banning sales of semiautomatic centerfire rifles to anyone under 21. There were exemptions for police or military troops but not for those with hunting licenses.

    Matthew Jones, a 20-year-old at the time from Santee in San Diego County, was the lead plaintiff in the case. He said he wanted a gun for self-defense and other lawful purposes but didn't want to obtain a hunting license.

    His lawsuit, which had been filed before the under-age ban on semiautomatic weapons, was amended to challenge that law and the hunting license requirement.

    The suit said the state had "whittled down (the) already inapplicable and irrelevant hunting license 'exemption' — the only exemption that is even possible for an ordinary, law abiding young adult who does not wish to enter into a highly dangerous career in law enforcement or the military — by prohibiting an entire class of firearms."

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    The two judges who ruled in the majority were part of President Donald Trump's wave of conservative-approved nominees to the famously liberal court.

    A dissent was written by U.S. District Court Judge Sidney Stein, who was assigned to the panel from the Southern District of New York. Stein was nominated to the lower court by President Bill Clinton.

    Democratic Sen. Anthony Portantino of La Cañada Flintridge, who wrote both laws, said he was disappointed the semiautomatic ban was struck down but was pleased the hunting license requirement survived.

    "I remain committed to keeping deadly weapons out of the wrong hands," Portantino said. "Student safety on our campuses is something we should all rally behind and sensible gun control is part of that solution."

    Attorney General Rob Bonta's office said it was reviewing the decision. In a statement, a spokesperson said it was committed to "defending California's commonsense gun laws."

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    Court strikes down California ban on semiautomatic guns to 18

    A federal appeals court struck down a California law prohibiting sales of semiautomatic firearms to anyone under 21 years of age, according to a decision filed Wednesday.

    Court strikes down California ban on semiautomatic gun sales to those under 21

    By Julia Vargas Jones, CNN

    Updated 0009 GMT (0809 HKT) May 12, 2022

    Semiautomatic pistols for sale at a store in El Cajon, California.

    (CNN)A federal appeals court struck down a California law prohibiting sales of semiautomatic firearms to anyone under 21 years of age, according to a decision filed Wednesday.

    The law, which had been in effect since July 1, 2021, also restricted purchases of semiautomatic weapons to one per month for all ages.

    Judge Ryan D. Nelson of the Ninth Circuit Court of Appeals said in his opinion that the law infringed on the Second Amendment rights of those ages 18 to 21.

    "America would not exist without the heroism of the young adults who fought and died in our revolutionary army. Today we reaffirm that our Constitution still protects the right that enabled their sacrifice: the right of young adults to keep and bear arms," Nelson wrote.

    Judge Kenneth K. Lee concurred, writing, "We cannot allow good intentions to trump an enumerated and 'fundamental right' deeply rooted in the history and tradition of this country."

    State Attorney General Rob Bonta's office said it was reviewing the 2-1 decision.

    "California will continue to take all necessary steps to prevent and reduce gun violence. We remain committed to defending California's commonsense gun laws, which save lives and make our communities safer," a statement from his office read.

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    The Firearms Policy Coalition, a gun rights nonprofit, was among the groups that brought the case.

    "Today's decision confirms that peaceable legal adults cannot be prohibited from acquiring firearms and exercising their rights enshrined in the Second Amendment," Adam Kraut, coalition vice president of programs, said in a statement.

    The decision did not affect an existing California law that requires adults over 18 but under 21 years of age to have a valid hunting license to purchase rifles or shotguns.

    California Sen. Anthony Portantino, who authored both bills, said in a statement to CNN, "Though I'm disappointed to have the semiautomatic centerfire rifle provisions struck down by the court, I'm pleased that the general provisions of SB 1100, raising the firearm purchase age to 21, is still the law in California. I remain committed to keeping deadly weapons out of the wrong hands. Student safety on our campuses is something we should all rally behind and sensible gun control is part of that solution."

    PAID CONTENT

    Source : edition.cnn.com

    California's under

    The court ruled that a California ban on the sale of semiautomatic rifles to adults younger than 21 was unconstitutional.

    CALIFORNIA

    U.S. appeals court overturns California ban on semiautomatic rifle sales to those under 21

    People wait to enter a gun store in Culver City in 2020. A federal appeals court ruled Wednesday that California’s ban on the sale of semiautomatic firearms to adults younger than 21 was unconstitutional.(Ringo H.W. Chiu / Associated Press)

    BY KEVIN RECTORSTAFF WRITER

    MAY 11, 2022 UPDATED 8:11 PM PT

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    A federal appeals court ruled Wednesday that California’s ban on the sale of semiautomatic rifles to adults younger than 21 was unconstitutional.

    In a 2-1 decision, a panel of the U.S. 9th Circuit Court of Appeals found that the 2nd Amendment “protects the right of young adults to keep and bear arms, which includes the right to purchase them.”

    The ruling reverses a lower court’s decision not to issue an injunction to block a 2019 state law that banned the sale of semiautomatic centerfire rifles to young adults, which the appeals court called a “legal error.”

    “America would not exist without the heroism of the young adults who fought and died in our revolutionary army,” Judge Ryan D. Nelson, an appointee of President Trump, wrote for the appeals court. “Today we reaffirm that our Constitution still protects the right that enabled their sacrifice: the right of young adults to keep and bear arms.”

    Nelson was joined by Judge Kenneth K. Lee, another Trump appointee who issued his own concurring opinion. Judge Sidney H. Stein, an appointee of President Clinton, dissented.

    The court let stand a separate state requirement that younger adults obtain hunting licenses before purchasing long guns. Federal law bars the sale of handguns to adults younger than 21 by federally licensed dealers but not by private parties.

    CALIFORNIA

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    California Atty. Gen. Rob Bonta’s office said it was reviewing the court’s decision.

    “California will continue to take all necessary steps to prevent and reduce gun violence,” Bonta’s office said. “We remain committed to defending California’s commonsense gun laws, which save lives and make our communities safer.”

    Bonta’s office could request the matter be reheard by the full appeals court.

    The Firearms Policy Coalition, one of the plaintiffs in a lawsuit challenging the state law, claimed the decision as a victory.

    “Today’s decision confirms that peaceable legal adults cannot be prohibited from acquiring firearms and exercising their rights enshrined in the Second Amendment,” Adam Kraut, the group’s vice president of programs, said in a statement. “We are pleased to see progress on this important legal front and optimistic that similar results will come from our many other challenges to age-based bans filed in courts across the United States.”

    The state law challenged by the coalition’s lawsuit had prohibited adults ages 18 to 21 from purchasing semiautomatic centerfire rifles but provided for some exceptions — such as if they were members of law enforcement or the military. It also said young adults could be gifted such weapons by their parents.

    In part based on those allowances, U.S. District Judge M. James Lorenz of San Diego had ruled the law was a valid public safety measure.

    The 9th Circuit panel rejected that reasoning, finding instead that the law unfairly conditioned the rights of young adults on certain criteria, such as their employment by law enforcement, or on the actions of others, such as their parents.

    It cited historical precedent of young people using firearms in the U.S. with few restrictions in the past — and particularly rifles, if not always handguns. And it found that banning younger adults from buying such rifles impinged on their right to self-defense, particularly given they are already prohibited from buying handguns by federal law.

    CALIFORNIA

    U.S. appeals court upholds California’s ban on large-capacity firearms magazines

    Nov. 30, 2021

    The decision is the latest to throw into question modern gun control measures in California, which has some of the strictest gun laws in the country. Cases in recent years have challenged the state’s ban on assault weapons, and its ban on high-capacity magazines.

    Some gun control advocates have blamed the shift on Trump appointees taking seats in courts across the country and in California in recent years, a sentiment some shared Wednesday as well.

    “Trump judges continue to shred the Constitution,” state Sen. Scott Wiener (D-San Francisco) wrote on Twitter of the 9th Circuit decision. “The latest: 18 year olds have a ‘constitutional right’ to own mass killing machines.”

    Lawmakers enacted the ban on rifle sales to younger adults after several attacks by young people using rifles, including the shooting by a 19-year-old gunman that killed 17 people at a Parkland, Fla., high school in 2018 and another attack by a 19-year-old gunman that killed one and wounded others at a synagogue near San Diego in 2019.

    Source : www.latimes.com

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