California Gun Law Deemed Unconstitutional by Appeals Court

An FN 509 Midsize in a Marc Jacobs purse / Photo by Jack Shepherd-FullMagNews

A California law restricting gun and ammunition sales to persons 21-years-old and up has been ruled unconstitutional, sparking hope the move will trigger similar rulings in other states.

The San Francisco-based 9th U.S. Circuit Court of Appeals said the law violates the Second Amendment and a San Diego judge should have blocked what is called “an almost total ban on semiautomatic centerfire rifles” for young adults.

Fox News reports:

“America would not exist without the heroism of the young adults who fought and died in our revolutionary army,” Judge Ryan Nelson wrote in the 2-1 ruling. “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.

“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 in a statement to Fox News. “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.”

However, the ruling came with a catch.

They had also sought to block the state from requiring a hunting license for purchases of rifles or shotguns by adults under 21 who are not in the military or law enforcement. However, the court ruled the hunting license requirement was reasonable for increasing public safety.

A spokesperson for California Attorney General Rob Bonta said his office is reviewing the court’s decision. 

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



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