9th Circuit Bans California Age-Based Semiautomatic Rifle Ban

California’s young adults can now possess a semi-auto rifle like this Browning for self defense, hunting, and target shooting. A California law was declared unconstitutional by the 9th Circuit. Report from Second Amendment Foundation (SAF).

A panel of three judges from the Ninth U.S. was formed on May 11, 2022. 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 to continue proceedings. This is a significant victory for firearms rights. A coalition of Second Amendment advocates led the fight against California’s unconstitutional restriction. The Second Amendment Foundation (SAF) was part of the legal action. It was joined by the Firearms Policy Coalition, Inc., Firearms Policy Foundation, Calguns Foundation, Poway Weapons and Gear and PWG Range, North County Shooting Center, Inc, Beebe Family Arms and Munitions, and three individuals, including Matthew Jones, for whom the case is named. Download Jones v. Bonta PDF. Judge Ryan Nelson wrote the majority opinion. Judge Kenneth Lee and Judge Sidney Stein, both Donald Trump appointees from the Southern District of New York, joined Judge Nelson. Judge Stein also dissented in parts. Judge Nelson, writing for the majority, stated that “(T]he Second Amendment protects young adults’ right to keep and bear arm, which also includes the right to buy them. 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 by the opinion,” said Alan M. Gottlieb, founder of the SAF and Executive Vice President. “The majority of the court rightly recognized that delaying exercising a right until 21 years old does irreparable damage. It also gave strict scrutiny to the semiauto ban.” Gottlieb noted that this ruling could impact another case in Washington State challenging a similar ban. This case is also part 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 men who fought and died in the revolutionary army. Nelson wrote, “Today we reaffirm the Constitution’s right to protect the right that enabled them to sacrifice: the right of young people to keep and bear arm.” Jones v. Bonta 9th Circuit Ruling Jones v. Bonta AmmoLand Shooting Sports News

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