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Circuit Judge Consuelo Callahan, another Bush appointee, dissented, saying the state had not shown a likelihood of success on appeal. 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. 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 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."
Persons: Richard Clifton, Nate Raymond, Roger Benitez, Benitez, George W, Bush, Holly Thomas, Joe Biden, Consuelo Callahan, Rob Bonta, Kim Rhode, Chuck Michel, Benitez's Jan, Miral Fahmy Organizations: Reuters, Circuit, U.S, District, Democratic, Republican, Democrat, Plaintiffs, California, New York Locations: California, San Diego, New, Boston
REUTERS/Lucy Nicholson/File Photo Acquire Licensing RightsOct 11 (Reuters) - A divided federal appeals court is allowing California's ban on magazines that hold more than 10 rounds of ammunition to remain in effect while the state appeals a judge's ruling finding it unconstitutionally violated the rights of firearms owners. The ruling came in a long-running lawsuit by the California Rifle & Pistol Association and gun owners challenging the ban. The court said that federal judges nationally had largely upheld large-capacity magazine restrictions since the Supreme Court ruled and that a decision to the contrary could threaten public safety. Chuck Michel, the president of the California Rifle & Pistol Association, in a statement expressed disappointment and vowed to "defend the rights of gun owners in California all the way to the Supreme Court." The Supreme Court vacated the appeals court ruling and ordered new proceedings consistent with the Bruen decision.
Persons: Lucy Nicholson, Roger Benitez, Rob Bonta, Bonta, Patrick Bumatay, Chuck Michel, Benitez, Nate Raymond, Jonathan Oatis Organizations: Foods, REUTERS, Circuit, U.S, California, Association, District, Supreme, , New York, Democrat, Thomson Locations: Los Angeles , California, U.S, San Francisco, San Diego, ,, California, Boston
CNN —A federal judge struck down California’s ban on firearm magazines holding more than 10 rounds Friday as unconstitutional, “arbitrary and capricious.”The ban, which was adopted through a 2016 proposition, had gone through various appeals until the US Supreme Court sent the case back to lower courts following its 2022 ruling in New York State Rifle and Pistol Association vs. Bruen. Gavin Newsom in a statement called the decision “politics, pure and simple,” noting Benitez’s record for rolling back gun control legislation. California Attorney General Rob Bonta filed a notice of appeal, vowing to “fight for our authority to keep Californians safe from weapon enhancements designed to cause mass casualties.”The injunction on the ban will be stayed for 10 days, according to the decision. The president and general counsel for the California Rifle & Pistol Association, Chuck Michel, whose group originally filed the case along with several private gun owners, praised the ruling, saying “the clock is ticking” on “absurdly restrictive laws” that violate the Constitution. Billy Clark, litigation attorney at Giffords Law Center, told CNN he was confident the decision will be overturned and called large capacity magazine regulations “commonsense and constitutional.”
Persons: Roger T, Benitez, ” Benitez, Gavin Newsom, Rob Bonta, , Chuck Michel, Billy Clark, Organizations: CNN, Supreme Court, New York State, California, Association, Giffords Law Center Locations: New, California
U.S. District Judge Roger Benitez in San Diego said California's "sweeping ban" went too far by preventing people from using magazines for lawful purposes, including self-defense. "The Supreme Court was clear that Bruen did not create a regulatory straitjacket for states--and we believe that the district court got this wrong," Bonta said. The judge had struck down the magazines ban in March 2019, but the 9th Circuit overturned him in Nov. 2021. The Supreme Court vacated the appeals court ruling and ordered new proceedings consistent with the Bruen decision. The case is Duncan et al v. Bonta, U.S. District Court, Southern District of California, No.
Persons: Jonathan Stempel, Roger Benitez, California's, Benitez, Rob Bonta, Bonta, Chuck Michel, Gavin Newsom, Duncan, David Gregorio Organizations: U.S, District, Supreme, , New York, Circuit, California, Association, Court, Southern District of Locations: California, San Diego, ,, San Francisco, U.S, Southern District, Southern District of California, New York
U.S. District Judge Roger Benitez in San Diego said California's "sweeping ban" went too far by preventing people from using magazines for lawful purposes, including self-defense. The judge had struck down the magazines ban in March 2019, but the 9th Circuit overturned him in Nov. 2021. The Supreme Court vacated the appeals court ruling and ordered new proceedings consistent with the Bruen decision. Chuck Michel, president of the California Rifle & Pistol Association, in a statement, said Friday's decision reflects the "sea change in the way courts must look at these absurdly restrictive laws." The case is Duncan et al v. Bonta, U.S. District Court, Southern District of California, No.
Persons: Roger Benitez, California's, Benitez, Rob Bonta, Bonta, Chuck Michel, Gavin Newsom, Duncan, Jonathan Stempel, David Gregorio Our Organizations: Long Beach Police Department, U.S, District, Supreme, , New York, Circuit, California, Association, Court, Southern District of, Thomson Locations: Long Beach, Long Beach , California, U.S, California, San Diego, ,, San Francisco, Southern District, Southern District of California, New York
[1/2] Customers view semi automatic guns on display at a gun shop in Los Angeles, California December 19, 2012. REUTERS/Gene BlevinsMarch 20 (Reuters) - A federal judge on Monday blocked California from enforcing a state law requiring new semiautomatic handguns to have certain safety features, finding it violates the right to bear arms under the Second Amendment of the U.S. Constitution. The ruling by U.S. District Judge Cormac Carney in Santa Anna, California is the latest in a line of decisions striking down state gun laws following a U.S. Supreme Court ruling last year expanding gun rights. The judge said it would not take effect for 14 days to give the state a chance to appeal. The California Rifle & Pistol Association and four individuals sued the state last year to challenge the law.
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