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Federal court overturns CA’s “Under 21” assault rifle ban

From USAToday:

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 2nd 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.

Nelson added: “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, says the ruling makes them optimistic other age-based gun bans will be overturned.


Read the ruling here.
Here is an excerpt:

The panel affirmed in part and reversed in part the
district court’s denial of plaintiffs’ motion for a preliminary
injunction seeking to enjoin, under the Second Amendment,
California’s bans on the sale of long guns and semiautomatic
centerfire rifles to anyone under the age of 21.
The panel held that the district court did not abuse its
discretion in declining to enjoin the requirement that young
adults obtain a hunting license to purchase a long gun. But
the district court erred in not enjoining an almost total ban
on semiautomatic centerfire rifles.

First, 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.
Therefore, both California laws burdened conduct within the
scope of the Second Amendment.
Second, the district court properly applied intermediate
scrutiny to the long gun hunting license regulation, which
permits a young adult to buy a long gun if he gets a hunting
license. This requirement does not prevent young adults
from having any firearms or from using them in any
particular way, and therefore did not impose a significant
burden on the Second Amendment right to keep and bear
arms.

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