9th Circuit Court Blocks California Assault Weapons Ban Repeal
The repeal of California’s assault weapons ban is on hold after the 9th Circuit Court of Appeals temporarily blocked a federal district court ruling.
From Fox News:
In a Monday panel decision in Miller v. Bonta, the appellate court put the June 4 order from District Court Judge Roger Benitez old hold as the court awaits the outcome of another case. Benitez had ruled that the ban violated the Second Amendment.
“The district court’s June 4, 2021 order and judgment are stayed pending resolution of Rupp v. Bonta,” the court said. “The stay shall remain in effect until further order of this court.”
The Rupp case also deals with the assault weapons ban and has already been briefed before the Ninth Circuit. That case has also been put on hold as the court rules on other Second Amendment cases that could effect the ruling.
Benitez’s district court ruled that California’s assault weapons ban was unconstitutional, arguing that people had a right to own modern weapons. Benitez compared the popular AR-15 to a Swiss Army knife, saying it is “a perfect combination of home defense weapon and homeland defense equipment.” He also pointed out that the weapon is different than “extraordinary” weapons such as bazookas and machineguns.
“Under no level of heightened scrutiny can the law survive,” Benitez said.
That ruling will now have to wait until the resolution of the Rupp case, with the 9th Circuit telling parties stand by and issue a status report 14 days after the Rupp ruling is made.
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