Court: California’s ban on under-21 gun sales is unconstitutional


A US appeals court ruled on Wednesday that California’s ban on selling semi-automatic weapons to adults under 21 was unconstitutional. In a 2-1 decision, a San Francisco-based U.S. 9th Circuit Court of Appeals panel said Wednesday the law violated the 2nd Amendment right to bear arms and a San Diego judge should have blocked it. what he called “a near total ban on semi-automatic centerfire rifles” for young adults. “America would not exist without the heroism of the young adults who fought and died in our revolutionary army “, wrote Judge Ryan Nelson. “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 decision gives rise to optimism that age-based gun bans will be overturned in other courts. However, the decision was not a complete victory for gun rights advocates. prevent the state from requiring a hunting license for the purchase of rifles or shotguns by adults under 21 who are not military or law enforcement personnel. the country’s worst mass shootings have been committed by young adults using guns, including the Valentine’s Day murders at Marjory Stoneman Douglas High School in Parkland, Florida. The court ruled the hunting license requirement was reasonable to increase public safety through “reasonable gun control.” In 2019, the state passed an additional law prohibiting the sale of centerfire semi-automatic rifles to anyone under the age of 21. Matthew Jones, then 20, from Santee, 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 get a hunting license. hunting license requirement. The lawsuit said the state had ‘reduced (the) already unenforceable 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. in a very dangerous career in law enforcement or the military – by banning an entire class of firearms. District Court Judge Sidney Stein, who was assigned to the panel for the Southern District of New York Stein was appointed to the lower court by President Bill Clinton.Democratic Sen. Anthony Portantino of La Cañada Flintridge, who drafted both laws, said he was disappointed the semi-automatic ban was overturned, but that he was satisfied that the hunting license requirement survived to prevent lethal weapons from falling into the wrong hands,” Portantino said. “The safety of students on our campuses is something we should all of us rally and a control e reasonable firearms is part of that solution.” Attorney General Rob Bonta’s office said it is reviewing the decision. common sense gun laws. » | PREVIOUS COVER BELOW | New California gun law limits purchases of semi-automatic rifles

A US appeals court ruled on Wednesday that California’s ban on selling semi-automatic weapons to adults under 21 was unconstitutional.

In a 2-1 decision, a San Francisco-based U.S. 9th Circuit Court of Appeals panel said Wednesday the law violated the 2nd Amendment right to bear arms and a San Diego judge should have blocked it. what he called “a near total ban on semi-automatic centerfire rifles” for young adults. “America would not exist without the heroism of the young adults who fought and died in our revolutionary army “, wrote Judge Ryan Nelson. “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 decision gives rise to optimism that age-based gun bans will be overturned by other courts.

However, the decision was not a complete victory for gun rights advocates.

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

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

The court ruled that the requirement for a hunting license was reasonable to increase public safety through “reasonable gun control”.

In 2019, the state passed an additional law prohibiting the sale of centerfire semi-automatic rifles to anyone under the age of 21. There were exemptions for police or military troops, but not for those with hunting permits.

Matthew Jones, then 20, from Santee, 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 get a hunting license.

His lawsuit, which was filed before the ban on semi-automatic weapons for minors, was amended to challenge that law and the hunting license requirement.

The lawsuit said the state had “reduced (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 get started. in a very dangerous career in law enforcement or the military – by banning an entire class of firearms.

The two justices who ruled by majority were among President Donald Trump’s wave of conservative-endorsed nominees to the famed liberal court.

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

Democratic Sen. Anthony Portantino of La Cañada Flintridge, who drafted the two laws, said he was disappointed the semi-automatic ban was overturned, but was pleased the hunting license requirement had 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 around and reasonable gun control is part of that solution.”

Attorney General Rob Bonta’s office said it is reviewing the decision. In a statement, a spokesperson said he was committed to “advocating for California’s gun laws.”

| PREVIOUS COVER BELOW | New California gun law limits purchases of semi-automatic rifles


Leave a Reply

Your email address will not be published.