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Ninth Circuit Court of Appeals in Pasadena Blocks Ruling on Assault Weapons Temporarily

Published on Friday, May 13, 2022 | 5:39 am

The Ninth Circuit Court of Appeals in Pasadena temporarily blocked a district court ruling that overturned California’s assault weapons ban earlier this week, granting a stay while other firearm cases wend their way through court.

Last month, District Court judge Robert T. Benitez ended California’s 32 year ban against assault weapons.

“The historical record showed that the Second Amendment protects the right of young adults to keep and bear arms, which includes the right to purchase them,” according to the ruling. “Therefore, both California laws burdened conduct within the scope of the Second Amendment.”

The Ninth Circuit Court is hearing similar Second Amendment cases.

The outcome of these cases would likely impact the ruling, with the court agreeing to a stay until a decision is made in those cases.

Despite the stay not actually overturning the decision by Judge Benitez, gun control advocates and several Californian lawmakers praised the appellate court decision for the stay on Monday and Tuesday, noting that the ban will now stay in place for as long as there is no decision in Miller v. Bonta.

“The Ninth Circuit granted our motion to stay the district court’s ruling in Miller v. Bonta,” tweeted Bonta on Monday. “This leaves our assault weapons laws in effect while appellate proceedings continue. We won’t stop defending these life-saving laws.”

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