Capitol Alert

California violated the Second Amendment with semiautomatic rifle age restriction, court finds

California’s 2019 law prohibiting people under 21 from buying semiautomatic rifles violates the Second Amendment of the U.S. Constitution, a three-judge panel of the Ninth Circuit Court of Appeals ruled on Wednesday.

“America would not exist without the heroism of the young adults who fought and died in our revolutionary army. Today we reaffirm that our Constitution still protects the right that enabled their sacrifice: the right of young adults to keep and bear arms,” wrote Judge Ryan Nelson, who was named to the court by President Donald J. Trump.

The panel reversed a district court ruling, saying that it “erred in not enjoining an almost total ban on semiautomatic centerfire rifles,” according to the opinion.

The case in question, Jones v. Bonta, was brought before the court by the Firearms Policy Coalition, a gun advocacy organization, which hailed the court’s ruling in a statement.

“Today’s decision confirms that peaceable legal adults cannot be prohibited from acquiring firearms and exercising their rights enshrined in the Second Amendment,” FPC Vice President of Programs Adam Kraut said. “We are pleased to see progress on this important legal front and optimistic that similar results will come from our many other challenges to age-based bans filed in courts across the United States.”

California Attorney General Rob Bonta, who defended the law in court, said in a statement that his office is reviewing the decision.

“California will continue to take all necessary steps to prevent and reduce gun violence. We remain committed to defending California’s commonsense gun laws, which save lives and make our communities safer,” Bonta’s office said.

In 2019, California Gov. Gavin Newsom signed Senate Bill 61 into law. The bill specifically prohibited people younger than 21 from being able to purchase semiautomatic centerfire rifles, with the exception of members of law enforcement or active duty military.

“Gun violence is an epidemic in this country, one that’s been enflamed by the inaction of politicians in Washington,” Newsom said in a statement at the time. “While Washington has refused to act on even the most basic gun safety reforms, California is once again leading the nation in passing meaningful gun safety reforms.”

This story was originally published May 11, 2022 at 3:40 PM.

AS
Andrew Sheeler
The Sacramento Bee
Andrew Sheeler is a former reporter for The Sacramento Bee’s Capitol Bureau.
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