Standard operational, and expected, court procedure


U.S. appeals court blocks judge’s decision to overturn state’s assault weapons ban

A federal appeals court decided Monday to put on hold a judge’s decision to overturn California’s 30-year-old ban on assault weapons, but the legal fight could continue for months and may be decided by the U.S. Supreme Court.

In a brief order, a three-judge panel of the U.S. 9th Circuit Court of Appeals issued a stay of Judge Roger T. Benitez’s June 4 decision, in which he likened an AR-15 semiautomatic to a Swiss Army knife and called it “good for both home and battle.”

Benitez’s decision overturning the California ban gave the state 30 days to challenge the decision. The 9th Circuit, acting on a June 10 appeal filed by Atty. Gen. Rob Bonta, put Benitez’s ruling on hold pending decisions in other gun cases that are now before the court.

“This leaves our assault weapons laws in effect while appellate proceedings continue,” Bonta said in a tweet. “We won’t stop defending these life-saving laws.”

The 9th Circuit judges on the panel issuing the stay were Barry G. Silverman, an appointee of President Clinton; Jacqueline Nguyen, an Obama appointee; and Ryan D. Nelson, a Trump appointee.

The order said the stay would be in effect until the 9th Circuit ruled in another case challenging California’s assault weapons regulations. That case also has been put on hold pending a ruling in a lawsuit over California’s ban on large-capacity magazines.

An 11-judge 9th Circuit “en banc” panel is scheduled to hear arguments in that case Tuesday, and the ruling is likely to determine the future of the state’s assault weapons ban. A majority of the judges on the panel are Democratic appointees.

Benitez also was the judge who struck down the voter-approved 2016 ban on large-capacity magazines. A three-judge 9th Circuit panel upheld his decision, but the state successfully sought review by a larger en banc panel. Gov. Gavin Newsom authored the ballot measure banning the magazines when he was the state’s lieutenant governor.

Benitez, who was appointed by President George W. Bush, said the assault weapons ban unconstitutionally infringed on the rights of California gun owners and “has had no effect” on curtailing mass shootings.

California is one of seven states and Washington, D.C., that ban assault weapons. The California case is expected to go to the Supreme Court, where a majority of justices are conservative and some have been highly critical of gun regulations.

Twenty-two states, led by Arizona, which is under the 9th Circuit’s jurisdiction, asked the appeals court to uphold the order against California’s law.

“Calling modern rifles ‘assault weapons’ is a misnomer— they are most often used by law-abiding citizens for lawful purposes like personal protection or target and sport shooting,” the states argued. “There is nothing sinister about citizens keeping or bearing a modern rifle.”

Joining Arizona were Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, West Virginia and Wyoming.

The Firearms Policy Coalition, which challenged the assault weapons ban, criticized the 9th Circuit for putting Benitez’s decision “on ice” and choosing “government tyranny over human lives and rights.”……………