![]() “Things in the 9th Circuit have changed a lot over the last four years,” Winkler said. Still, he said, the 9th Circuit has become harder to predict. A decision could come at any time.Īdam Winkler, a UCLA constitutional law professor, said the makeup of Tuesday’s en banc panel favored California’s chances of prevailing. His provocative rulings - he likened an AR-15 to a Swiss Army knife - drew widespread condemnation from supporters of gun restrictions.Ī 9th Circuit panel voted 2 to 1 to uphold Benitez’s decision in the magazine case, but the rest of the court voted to rehear the case en banc. Bush, wrote the decisions against the bans on military-style rifles and high-capacity magazines. Benitez, a San Diego-based appointee of former President George W. ![]() “At the end of the day,” he said, “I think they will go the way you would predict based on their party affiliation.” Michel said that some Democratic appointees on Tuesday asked the state’s lawyer tough questions, and he was not optimistic that gun rights proponents would win. Supreme Court to decide in favor of a different analytical framework, and with a 6-3 conservative majority now on the high court, firearms proponents believe their chances of prevailing are better than ever. The gun lobby for years has tried to get the U.S. If so, the court then considers whether the government has provided sufficiently strong reasons for limiting that activity. First a court asks whether the law affects an activity protected by the 2nd Amendment. That test usually involves a two-step process. Most federal appeals courts use a kind of balancing test that Michel contends favors gun restrictions. Michel said gun owners want courts to change the legal formula for assessing the constitutionality of gun laws. “There is a logjam of 2nd Amendment challenges that to one degree or another are dependent on each other,” said Chuck Michel, president of the California Rifle and Pistol Assn., which sponsored some of the challenges before the 9th Circuit. A hearing and written arguments in a gun group’s appeal in the 9th Circuit have been completed, but the court has put off a final decision until the high-capacity magazine challenge is resolved. Staton, an Obama appointee who serves in Orange County, upheld the assault weapons ban in 2018. Bonta, failed at the district court level. The legal fight could continue for months and may be decided by the U.S. appeals court blocks judge’s decision to overturn state’s assault weapons ban A 9th Circuit panel on Monday put a temporary hold on the ruling, saying the case would not be decided until the court rules in another challenge of California’s assault weapons law.Ĭalifornia U.S. That analysis may affect whether California wins or loses its defense of its gun laws.Ī federal judge in San Diego caused a nationwide fury this month among advocates of gun restrictions when he overturned California’s assault weapons ban. ![]() The decision in the high-capacity magazine case will probably determine the legal analysis, or standard of review, that must be used to decide whether a gun rule violates the 2nd Amendment. He said that someone could be threatened by a large group of people, which presumably would require more ammunition to fend off. Judge Lawrence VanDyke, a Trump appointee, appeared to scoff at the claim. Siegel repeatedly said no evidence exists of anyone needing to fire more than 10 shots in self-defense. Samuel Siegel, a California deputy solicitor general, told the court that the state’s ban on high-capacity magazines imposed only a minimal burden on gun owners and did not take away an individual’s right to self-defense. ![]()
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