May 12, 20229th Circuit Strikes down California Age-Based Semiautomatic Rifle Banne
California’s young adults can now possess a semi-auto rifle like this Browning for self defense, hunting, and target shooting. The 9th Circuit struck down a California law as unconstitutional.Report from Second Amendment Foundation (SAF)
On May 11, 2022, a three-judge panel of the Ninth U.S. Circuit Court of Appeals ruled that California’s ban on the sale of semi-automatic rifles was invalid. The 9th Circuit remanded Jones v. Bonta back to the District Court for further proceedings. This is a significant victory for firearms rights. This ruling is a major victory for firearms rights. Download Jones v. Bonta PDF. The majority opinion was written jointly by Judge Ryan Nelson, Judge Kenneth Lee, both Donald Trump appointees and in part by Judge Sidney Stein, a Bill Clinton appointee, from the Southern District of New York. Judge Stein also dissented. The district court disagreed and held that the laws didn’t violate Second Amendment rights at all. This was legal error T. The district court applied intermediate scrutiny to the semiautomatic centrefire rifle ban, instead of strict scrutiny. Even with intermediate scrutiny, the ban is likely to violate the Second Amendment as it fails the reasonable fit’ test. “We are delighted with this opinion,” said Alan M. Gottlieb, founder of SAF and executive vice president. “The court majority correctly recognized that delaying exercising a right until 21 years old does irreparable damage. The semi-auto ban was also subject to strict scrutiny. “Gottlieb pointed out that this ruling could have an effect on another case challenging a similar prohibition, also in Washington State, which is part of the Ninth Circuit. The prohibition was passed in 2018 through a citizen initiative. It was challenged by the National Rifle Association and SAF. Related article in the ABA Journal. Judge Ryan Nelson’s majority opinion stated that America would not exist without the heroism and sacrifice of the young adults who fought in the revolutionary army. Judge Ryan Nelson’s majority opinion stated that “America would not exist without the heroism of the young adults who fought and died in our revolutionary army.”
