Jim Dutton
2022-11-24 13:41:22 UTC
A federal appeals court in California sent a lawsuit challenging the
states "draconian infringement" on Second Amendment rights back to a
district court in response to a Supreme Court decision in June that
overruled a New York state concealed carry law.
On Wednesday, the Ninth Circuit Court of Appeals vacated and remanded its
own opinion in Jones v. Bonta, which challenges Californias state law
banning certain gun sales to people under the age of 21.
It asked the district court to reassess its decision favoring the law in
light of the high court's opinion in New York State Rifle & Pistol
Association Inc. v. Bruen. That decision concluded that a New York state
law requiring citizens to show "proper cause" for self-defense to obtain a
concealed carry permit was unconstitutional.
In the Bruen opinion, the Supreme Court reset the standard for analyzing
Second Amendment challenges. Based on that new precedent, the Ninth
Circuit is returning the matter to the district court to reanalyze the
case by this new standard, which creates a higher burden for states to
justify certain gun restrictions.
Lawyers for three California adults under the age of 21 who are
challenging the law argue in court filings that once their clients reached
age 18, they were "deemed adults for almost all purposes and certainly for
the purpose of exercising constitutional rights. Yet the California
statute challenged in this case categorically bars them from purchasing or
acquiring all semi-automatic center fire rifles based solely on their age.
"Taken in combination with existing state and federal laws barring 18-to-
20-year-olds from acquiring handguns, the result of the challenged
provision is that the vast majority of firearms including the firearms
most useful for self-defense are now off-limits to law-abiding
Californians in this age bracket."
In May, the panel reached a 2-1 split decision on the case, with two Trump
appointees ruling in the majority that a district court judge was wrong
not to block Californias ban, adding the law's "blanket ban" on young
adults not in the military or on a police force was unconstitutional.
Judge Kenneth Lee in particular highlighted that "Californias legal
position has no logical stopping point and would ultimately erode
fundamental rights enumerated in the Constitution."
"If California can deny the Second Amendment right to young adults based
on their groups disproportionate involvement in violent crimes," the
opinion states, "then the government can deny that right as well as
other rights to other groups."
Judge Lee wrote that "we cannot jettison our constitutional rights, even
if the goal behind a law is laudable."
"It will be interesting to see what the district court does on remand, as
this will be one of the first opportunities for a court to apply the
Supreme Court's latest guidance on the Second Amendment," a former DOJ
official told Fox News Digital.
Attorneys for the plaintiffs and Attorney General Rob Bonta did not
immediately respond to Fox Digital's request for comment.
https://www.foxnews.com/politics/ninth-circuit-sends-case-challenging-
californias-draconian-gun-law-down-to-lower-court-citing-scotus
Californians must be pretty stupid. They keep electing peoplestates "draconian infringement" on Second Amendment rights back to a
district court in response to a Supreme Court decision in June that
overruled a New York state concealed carry law.
On Wednesday, the Ninth Circuit Court of Appeals vacated and remanded its
own opinion in Jones v. Bonta, which challenges Californias state law
banning certain gun sales to people under the age of 21.
It asked the district court to reassess its decision favoring the law in
light of the high court's opinion in New York State Rifle & Pistol
Association Inc. v. Bruen. That decision concluded that a New York state
law requiring citizens to show "proper cause" for self-defense to obtain a
concealed carry permit was unconstitutional.
In the Bruen opinion, the Supreme Court reset the standard for analyzing
Second Amendment challenges. Based on that new precedent, the Ninth
Circuit is returning the matter to the district court to reanalyze the
case by this new standard, which creates a higher burden for states to
justify certain gun restrictions.
Lawyers for three California adults under the age of 21 who are
challenging the law argue in court filings that once their clients reached
age 18, they were "deemed adults for almost all purposes and certainly for
the purpose of exercising constitutional rights. Yet the California
statute challenged in this case categorically bars them from purchasing or
acquiring all semi-automatic center fire rifles based solely on their age.
"Taken in combination with existing state and federal laws barring 18-to-
20-year-olds from acquiring handguns, the result of the challenged
provision is that the vast majority of firearms including the firearms
most useful for self-defense are now off-limits to law-abiding
Californians in this age bracket."
In May, the panel reached a 2-1 split decision on the case, with two Trump
appointees ruling in the majority that a district court judge was wrong
not to block Californias ban, adding the law's "blanket ban" on young
adults not in the military or on a police force was unconstitutional.
Judge Kenneth Lee in particular highlighted that "Californias legal
position has no logical stopping point and would ultimately erode
fundamental rights enumerated in the Constitution."
"If California can deny the Second Amendment right to young adults based
on their groups disproportionate involvement in violent crimes," the
opinion states, "then the government can deny that right as well as
other rights to other groups."
Judge Lee wrote that "we cannot jettison our constitutional rights, even
if the goal behind a law is laudable."
"It will be interesting to see what the district court does on remand, as
this will be one of the first opportunities for a court to apply the
Supreme Court's latest guidance on the Second Amendment," a former DOJ
official told Fox News Digital.
Attorneys for the plaintiffs and Attorney General Rob Bonta did not
immediately respond to Fox Digital's request for comment.
https://www.foxnews.com/politics/ninth-circuit-sends-case-challenging-
californias-draconian-gun-law-down-to-lower-court-citing-scotus
to office who want to take away their very right to live and
prosper.
What is wrong with those people?