Sunday, May 15, 2022

Ninth Circuit Tosses California Law Barring Young Adults from Buying Semi-Automatic Guns; Appeals Court Rules Against California Age Limits for Semiautomatic Rifles: Divided court panel says limits on adults under 21 years of age conflict with Constitution

Patrick T. Fallon/Reuters
Ninth Circuit Tosses California Law Barring Young Adults from Buying Semi-Automatic Guns:
A California law banning young adults from purchasing semi-automatic weapons has been struck down by a federal appeals court as unconstitutional, a big win for Second Amendment advocates in the state and defeat for Governor Gavin Newsom.
In a 2-1 split ruling on Wednesday, the U.S. Court of Appeals for the 9th Circuit ruled in favor of the plaintiffs in Jones v. Bonta, finding that the state’s law banning persons under 21 years of age from purchasing centerfire semi-automatic weapons was “a severe burden” on core Second Amendment rights. Per the ruling, persons in the state over the age of 18 will now be able to purchase a handgun without licensure.
The suit had been brought by the Matthew Jones, a resident of San Diego who was 20 at the time, and the Firearms Policy Coalition after the California State Legislature passed SB 1100 in 2019, in response to the Marjorie Stoneman Douglas High School shooting in Parkland, Fla.
Writing for the majority, Judge Ryan D. Nelson stated that “young adults have Second Amendment protections as persons who are part of a national community.” The 100-page decision extensively examined the history of youth owning weapons, going back to the early days of English colonists in the United States, and extensively cited the Supreme Court’s landmark gun rights case District of Columbia v. Heller. It reversed the U.S. District Court for the Southern District of California, which had upheld the law on initial challenge. --->READ MORE HERE
Photo: Patrick T. Fallon/AFP/Getty Images
Appeals Court Rules Against California Age Limits for Semiautomatic Rifles:
Divided court panel says limits on adults under 21 years of age conflict with Constitution
A divided federal appeals court ruled Wednesday that a California law banning the sale of semiautomatic rifles to adults under 21 years old conflicts with the constitutional right to bear arms.
A three-judge panel of the Ninth U.S. Circuit Court of Appeals found that California’s ban on semiautomatic rifle sales to young adults burdens their Second Amendment right to defend themselves in the home.
The decision was the first of its kind by a federal appeals court, delivering a victory to gun-rights advocates at a time when the scope of the Second Amendment is under review by the Supreme Court.
“America would not exist without the heroism of the young adults who fought and died in our revolutionary army,” wrote Judge Ryan D. Nelson, a President Donald Trump appointee, in the opening line of Wednesday’s opinion. “Today we reaffirm that our Constitution still protects the right that enabled their sacrifice: the right of young adults to keep and bear arms.”
Judge Nelson wrote that the tradition of young adults keeping and bearing arms is “deep-rooted in English law and custom.”
The decision reversed a ruling by U.S. District Judge M. James Lorenz in San Diego, an appointee of President Bill Clinton who declined to halt the law’s enforcement.
California’s current age-based restrictions date to 2019, when state Democratic lawmakers and Gov. Gavin Newsom passed a new measure prompted in part by an attack on a synagogue outside San Diego perpetrated by a 19-year-old man who opened fire with an AR-15 style semiautomatic rifle, killing one person and injuring three. --->READ MORE HERE
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