Earlier this month a federal judge overturned California’s ‘assault’ weapons ban because it violated the second amendment. The Ninth Circuit just reinstated it. This from therightscoop.com.
One more level higher to go. Will The Supremes make a wise, unhindered decision?
The Ninth Circuit Court of Appeals blocked a federal judge’s ruling Monday that overturned California’s ban on assault weapons.
The three judge panel issued a stay on Judge Roger Benitez’s ruling, which means the current ban on the firearms will stay in place while other proceedings continue.
California Attorney General Rob Bonta, who had appealed Benitez’s ruling, celebrated the stay on Twitter.
“This leaves our assault weapons laws in effect while appellate proceedings continue. We won’t stop defending these life-saving laws.”
This is the ruling the Ninth Circuit blocked:
Benitez ruled June 4th the state’s ban on so-called assault weapons infringes on the Second Amendment, noting other states and the Supreme Court permit the very same weapons.
“Under no level of heightened scrutiny can the law survive,” Benitez ruled, comparing “the popular AR-15 rifle” to a “Swiss Army knife.”
“One is to be forgiven if one is persuaded by news media and others that the nation is awash with murderous AR-15 assault rifles. The facts, however, do not support this hyperbole, and facts matter,” he ruled, noting Californians are more likely to die in a knife attack than by a rifle, citing FBI statistics.
Twenty-two states supported the ruling that was blocked:
Twenty-two Republican-led states then filed a brief asking the 9th Circuit to uphold Benitez’s ruling.
“Calling modern rifles ‘assault weapons’ is a misnomer– they are most often used by law-abiding citizens for lawful purposes like personal protection or target and sport shooting,” the coalition wrote.
We don’t know how the judges voted on this stay, but two of them were Clinton and Obama appointed judges. The other was a Trump appointed judge.
A decision seemingly contradictory of the constitution, however, perhaps now an opportunity for a Supreme Court landmark decision. What they may decide, at this point in time, is anyone’s guess.
