Court: California’s Under-21 Gun Sales Ban Unconstitutional

A U.S. appeals court ruled Wednesday that California’s ban on the sale of semiautomatic weapons to adults under 21 is unconstitutional.

In a 2-1 ruling, a panel of the San Francisco-based 9th U.S. Circuit Court of Appeals said Wednesday the law violates the Second Amendment right to bear arms and a San Diego judge should have blocked what it called “an almost total ban on semiautomatic centerfire rifles” for young adults. “America would not exist without the heroism of the young adults who fought and died in our revolutionary army,” Judge Ryan Nelson wrote. “Today we reaffirm that our Constitution still protects the right that enabled their sacrifice: the right of young adults to keep and bear arms.”

The Firearms Policy Coalition, which brought the case, said the ruling makes it optimistic age-based gun bans will be overturned in other courts.

Adam Winkler, a law professor at the University of California, Los Angeles, said the decision is a clear sign of how courts, including the U.S. Supreme Court which has a major gun case before it, are expanding gun rights.

“Federal judges can read the tea leaves,” Winkler said. “In the coming years, the courts seem certain to strike down numerous gun safety measures in the name of the 2nd Amendment. This 9th Circuit ruling is a harbinger of things to come.”

The ruling, however, was not a total victory for gun rights advocates.

They also sought an injunction blocking the state from requiring a hunting license for adults under 21 — who are not in the military or law enforcement — to purchase rifles or shotguns.

Handgun sales to those under 21 were already prohibited when the hunting license requirement was passed in 2018 after some of the nation’s worst mass shootings were committed by young adults using rifles, including the Valentine’s Day slayings at Marjory Stoneman Douglas High School in Parkland, Florida.

The following year, the Legislature acted to address what they saw as a loophole after an April 2019 synagogue shooting in San Diego County.

A 19-year-old armed with a semiautomatic rifle he had just purchased with a hunting license killed a 60-year-old woman and injured three others, including the rabbi and an 8-year-old girl at Chabad of Poway.

The state passed the law banning sales of semiautomatic centerfire rifles to anyone under 21. There were exemptions for police or military troops but not for those with hunting licenses.

Matthew Jones, a 20-year-old at the time from Santee in San Diego County, originally sued saying he wanted a gun to defend himself and other lawful purposes but didn’t want to obtain a hunting license.

His lawsuit, which had been filed before the under-age ban on semiautomatic weapons, was amended to also challenge that law.

The suit said the state had “whittled down (the) already inapplicable and irrelevant hunting license ‘exemption’ — the only exemption that is even possible for an ordinary, law abiding young adult who does not wish to enter into a highly dangerous career in law enforcement or the military — by prohibiting an entire class of firearms.”

The 9th Circuit ruled the hunting license requirement was reasonable for increasing public safety through “sensible firearm control.”

But it said an outright ban on semiautomatic rifles for those under 21 went too far.

“It’s one thing to say that young adults must take a course and purchase a hunting license before obtaining certain firearms,” Nelson wrote. “But to say that they must become police officers or join the military? … It is a blanket ban for everyone except police officers and servicemembers.”

Nelson and Judge Kenneth Lee, who ruled in the majority, were part of Republican President Donald Trump’s wave of conservative-approved nominees that reshaped the famously liberal court.

Two years ago, Lee authored a 2-1 decision that threw out California’s ban on high-capacity ammunition magazines, saying the law violated the U.S. Constitution’s protection of the right to bear firearms. That ruling was later overturned by the court’s 7-4 review of the decision.

A dissent was written by U.S. District Court Judge Sidney Stein, who was assigned to the panel from the Southern District of New York. Stein was nominated to that court by Democratic President Bill Clinton.

Stein said he would have upheld the lower court’s decision not to block either law.

Stein said the regulation did not place a “severe burden” on gun ownership rights on young adults and noted they could get semiautomatic rifles from family members or borrow them from others.

He also said the majority failed to consider the the disproportionate amount of violent crime committed by those under 21 who have relatively less mature cognitive development.

Click here to read the full article at AP News

California’s Background Check Law Had No Impact on Gun Deaths, Johns Hopkins Study Finds

A new academic study has found that, once again, gun laws are not having their desired effect.

A joint study conducted by researchers at the Johns Hopkins Bloomberg School of Public Health and the University of California at Davis Violence Prevention Research Program found that California’s much-touted mandated background checks had no impact on gun deaths, and researchers are puzzled as to why.

In 1991, California simultaneously imposed comprehensive background checks for firearm sales and prohibited gun sales (and gun possession) to people convicted of misdemeanor violent crimes. The legislation mandated that all gun sales, including private transactions, would have to go through a California-licensed Federal Firearms License (FFL) dealer. Shotguns and rifles, like handguns, became subject to a 15-day waiting period to make certain all gun purchasers had undergone a thorough background check. …

Click here to read the full article from fee.org

California ammo check law blocked 100 sales in first month

California’s new ammunition background check law in its first month stopped more than 100 people from buying bullets illegally, officials said late Monday as they struggled to deter more of the mass shootings that have roiled California and other states over the last week.

“Countless other prohibited persons were likely deterred from even trying to purchase ammunition that they cannot lawfully possess,” Attorney General Xavier Becerra said in a court filing. He disclosed the early results in response to a gun owners’ rights group attempt to block the law that took effect July 1.

A federal judge is expected to decide later this month whether to halt the law as a violation of the Second Amendment right to bear arms and other federal laws.

The filing came as Gov. Gavin Newsom said the federal government should follow California’s lead in requiring background checks for ammunition buyers. …

Click here to read the full article from KRCA3 News

San Diego council votes to require gun owners to lock away firearms at home

The San Diego City Council voted 6-2 on Monday in the first of two votes to approve a new gun storage ordinance aimed at preventing accidental shootings and other firearm-related injuries and deaths.

City Attorney Mara Elliott introduced the Safe Storage of Firearms Ordinance last month. It would require all firearms in a residence be stored in a locked container, or disabled by a trigger lock, unless they are being carried by or are under control of the owner.

Monday’s vote was the first of two required for the ordinance to become law, and came after about 90 minutes of public comment, with about two-thirds of those who spoke urging the council to pass the ordinance. Those who opposed the proposed regulations told the council the ordinance infringes on their Second Amendment rights. …

Click here to read the full article from the San Diego Union-Tribune

Needles declared itself a “2nd Amendment Sanctuary” city

One of San Bernardino County’s easternmost cities wants to be a sanctuary, not for undocumented immigrants, for gun owners.

Needles this month declared itself a “Second Amendment Sanctuary City” a message that city leaders say is partly about support for gun rights and partly a desire to get an exemption from state law so out-of-state gun owners can travel through town and for residents to purchase ammunition.

The former railroad town of about about 5,000 is near the Colorado River, close to the Arizona state line, and city officials say that California’s gun laws are prompting Arizona residents to stay out of Needles, hurting business in the town. …

Click here to read the full article from the Riverside Press-Enterprise

Judge blocks California’s ban on high-capacity magazines over 2nd Amendment concerns

High capacity magazineHigh-capacity gun magazines will remain legal in California under a ruling Friday by a federal judge who cited home invasions where a woman used the extra bullets in her weapon to kill an attacker while in two other cases women without additional ammunition ran out of bullets.

“Individual liberty and freedom are not outmoded concepts,” San Diego-based U.S. District Judge Roger Benitez wrote as he declared unconstitutional the law that would have banned possessing any magazines holding more than 10 bullets.

California law has prohibited buying or selling such magazines since 2000, but those who had them before then were allowed to keep them.

In 2016, the Legislature and voters approved a law removing that provision. The California arm of the National Rifle Association sued and Benitez sided with the group’s argument that banning the magazines infringes on the Second Amendment right to bear arms. …

Click here to read the full article from the Associated Press

California’s gun seizure program hits hurdles

Gun seizureAuthorities in California are struggling to enforce a state law that permits officials to seize firearms from people with previous criminal convictions or mental health issues – running into staffing and budgetary issues that have contributed to a massive backlog of guns marked for confiscation.

The law, which was passed in 2013 following the shooting at Connecticut’s Sandy Hook elementary school and set aside $24 million for seizure programs, had a goal of confiscating around 20,000 guns over three years. But six years later, according to a San Francisco Chronicle report, there are still roughly 9,000 of those guns out there, with more being added to the list yearly.

While the state’s new governor, Gavin Newsom, has made gun control a priority of his new administration and has proposed a multi-million-dollar increase to hire more agents, the program reportedly has been hit by retention issues and a lack of experience among new agents. …

Click here to read the full article from Fox News

Will Gavin Newsom be tougher on guns than Jerry Brown?


Gun Open CarryCalifornia Democrats on Monday outlined a plan to enact new forms of gun control, and they’re hoping Gov. Gavin Newsom will sign firearm restrictions that his predecessor vetoed last year.

Standing alongside former Arizona Congresswoman Gabby Giffords, who was shot in the head at a 2011 Tuscon event, Democrats in the Legislature called for more gun restrictions.

So far, they’re proposing Assembly Bill 165, which would provide training to police officers on the use of gun violence restraining orders, and Senate Bill 61, which would limit firearm purchases to one gun per month.

“Stopping gun violence takes courage, the courage to do what’s right, the courage to new ideas,” Giffords said at the news conference. “I’ve seen great courage when lives are on the line. Now is the time to come together, be responsible. Democrats, Republicans, everyone, we must never stop fighting. Fight, fight, fight. Be bold. Be courageous. The nation is counting on you.” …

Click here to read the full article from the Sacramento Bee

Gov. Newsom Recycles Bill to Limit Individual Gun Sales

GunNewly inaugurated California Gov. Gavin Newsom is pushing a bill to limit individual gun sales to one a month – a measure that even the recently departed former governor, Jerry Brown, didn’t try to push through the legislature.

But this time might be different.

“The Democrats have a supermajority in California,” Los Angeles-based firearms policy, risk, and strategy analyst Dennis Santiago told Fox News. “The bill is likely to pass.”

California Senate Bill 61, introduced by Democratic state Sen. Anthony Portantino, will ban the purchase or transfer of more than one firearm within a 30-day period. The state already has laws to prohibit an individual from buying more than one handgun a month. …

Click here to read the full article from Fox News

Nancy Pelosi to Introduce Bill Criminalizing Private Gun Sales


Photo courtesy shawncalhoun, flickr

Photo courtesy shawncalhoun, flickr

House Democrats plan to introduce a bill criminalizing private gun sales on Tuesday of next week.

The legislation will be introduced by Speaker Nancy Pelosi (D-CA), Rep. Mike Thompson (D-CA), and gun control proponent Gabby Giffords.

Tuesday will be the eighth anniversary of the day on which Giffords was shot by Jared Loughner.

The bill seeks to put background checks in place for all gun sales, requiring a daughter to get a background check before her mother can give her a gun or a son to get a background check before a father can give him one. It would also require a lifelong friend to get a background check before he can a gun from his lifelong friend. …

Click here to read the full article from Breitbart.com