The ever-famous Ninth Circuit Court of Appeals on Monday blocked a ruling that would have allowed California residents to fully enjoy their Second Amendment rights granted in the U.S. Constitution.
A district court ruled recently that California overstepped it’s legal standing when they lawmakers passed legislation banning “assault weapons,” which can barely be defined. Traditionally an “assault weapon” ban results in making criminals out of ordinarily law-abiding owners of AR-15 rifles, the most popular rifle in the United States.
Earlier this month, Judge Roger T. Benitez ruled against the ban.
The Second Amendment elevates above all other interests the right of law-abiding, responsible citizens to use arms in defense of hearth and home.’ Heller, 554 U.S., at 635. The Supreme Court clearly holds that the Second Amendment protects guns commonly owned by law-abiding citizens for lawful purposes.
And although the Supreme Court cautioned that the Second Amendment does not guarantee a right to keep and carry “any weapon whatsoever in any manner whatsoever and for whatever purpose,” Heller, 554 U.S., at 626, lower courts have often cited this proviso about extreme cases to justify gun laws in average contexts. There is no evidence that the Supreme Court intended that language to be a license to avoid its common sense holding in average contexts.
Judge Benitez allowed California Attorney General Rob Bonta a 30-day grace period in which to appeal his ruling in the District Court, but noted after the 30 days an injucting against enforcing the ban would be established.
AG Bonta appealed the ruling to a panel of three judges on the Ninth Circuit Court, who ineviteably blocked Judge Benitez’s injunction pending the appeal. The panel of judges consist of Clinton-appointed Barry Silverman, Obama-appointed Jacqueline Nguyen, and Trump-appointed Ryan Nelson.
The Firearm Policy Coalition responded to the Ninth Circuit’s ruling with a lengthy statement:
Read our full statement rebuking the Ninth Circuit’s stay order in our lawsuit challenging California's ban on so-called “assault weapons” at https://t.co/t4f6DtEEFR pic.twitter.com/cmw0Ro5aVO
— 𝙵𝚒𝚛𝚎𝚊𝚛𝚖𝚜 𝙿𝚘𝚕𝚒𝚌𝚢 𝙲𝚘𝚊𝚕𝚒𝚝𝚒𝚘𝚗 (@gunpolicy) June 23, 2021
“The first duty of our federal courts is to uphold the Constitution and protect the People’s fundamental rights enshrined therein. But today, as it has too many times before, the fanatically anti-Second Amendment Ninth Circuit Court of Appeals elected to disregard that fundamental duty, ignore the text and public meaning of our Constitution, and fail the very People they swore an oath to serve.”
Author: Nolan Sheridan
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