Court: California’s under-21 gun sales ban unconstitutional
LOS ANGELES (AP) — 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 Second 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. “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, said the ruling makes it optimistic age-based gun bans will be overturned in other courts.
Adam Winkler, a law professor at the University of California, Los Angeles, said the decision is a clear sign of how courts, including the U.S. Supreme Court which has a major gun case before it, are expanding gun rights.
“Federal judges can read the tea leaves,” Winkler said. “In the coming years, the courts seem certain to strike down numerous gun safety measures in the name of the 2nd Amendment. This 9th Circuit ruling is a harbinger of things to come.”
The ruling, however, was not a total victory for gun rights advocates.
They also sought an injunction blocking the state from requiring a hunting license for adults under 21 — who are not in the military or law enforcement — to purchase rifles or shotguns.
Handgun sales to those under 21 were already prohibited when the hunting license requirement was passed in 2018 after some of the nation’s worst mass shootings were committed by young adults using rifles, including the Valentine’s Day slayings at Marjory Stoneman Douglas High School in Parkland, Florida.
The following year, the Legislature acted to address what they saw as a loophole after an April 2019 synagogue shooting in San Diego County.
A 19- year- old armed with a semiautomatic rifle he had just purchased with a hunting license killed a 60-year-old woman and injured three others, including the rabbi and an 8-year-old girl at Chabad of Poway.