An appeals court ruled Wednesday that California’s ban on the sale of semi-automatic weapons to adults under the age of 21 violates the right to bear arms in the Second Amendment to the Constitution.
Judge Ryan Nelson, who wrote by a two-to-one majority in the U.S. Court of Appeals for the Ninth District, overturned a decision by a federal judge in San Diego, confirming what Judge Nelson called an “almost complete ban on semi-automatic” rifles for young adults.
“America would not exist without the heroism of the young adults who fought and died in our revolutionary army,” Judge Nelson wrote. “Today we reaffirm that our Constitution still protects the right that has enabled them to sacrifice themselves: the right of young adults to hold and bear arms.
Judge Nelson rejected the argument made by a lower court judge that young people are “considered minors or” babies “for most of our country’s history without the rights granted to adults” and are therefore unfit for “responsible” liability. possession and use of firearms’.
The Office of Attorney General Rob Bonta of California, the defendant in the case, said it was reviewing the decision.
“California will continue to take all necessary steps to prevent and reduce gun violence,” the statement said. “We continue to defend the health laws on guns in California that save lives and make our communities safer.
The court upheld a provision in state law requiring adults under the age of 21 who do not serve in the military or law enforcement to obtain a hunting license to buy rifles or shotguns. This requirement, the judges write, is a measure of “reasonable control of firearms” and is therefore constitutional.
Judge Nelson and Judge Kenneth K. Lee, both appointed by President Donald J. Trump, formed the opinion of the majority; disagreed with Judge Sidney H. Stein, a U.S. District Court judge who was appointed by President Bill Clinton and sits on appointment at the Court of Appeals.
The semi-automatic ban was part of a set of gun restrictions that California Democrats recently adopted in response to rising gun violence. Leaders are concerned about the illicit arms trafficking from neighboring countries and the increased supply of home-made weapons, known as “ghost weapons”.
Buying guns from buyers under the age of 21 has long been banned in California. Stricter age limits for long guns were passed in 2018 after a series of mass shootings, including the murders at Marjory Stoneman Douglas High School in Parkland, Florida.
The Conservative Coalition for Firearms, which has filed the case and the like across the country, predicts Wednesday’s decision will be the beginning of the repeal of gun laws by conservative federal lawyers.
“Today’s decision confirms that peaceful legal adults cannot be barred from acquiring firearms and exercising their rights under the Second Amendment,” said Adam Kraut, the group’s vice president for programs.
The California case could be a preview of a more consistent challenge to the state’s right to regulate guns, with the Supreme Court expected to rule soon to challenge a law from the early 20th century that restricts who can carry guns in public. in New York.
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