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Subject Court Rules California's Gun Sale Ban For Those Under 21 Is Unconstitutional
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A federal appeals court ruled Wednesday that California’s ban on the sale of most semiautomatic weapons to adults under age 21 is unconstitutional.


A person holds a California-legal featureless AR-15 style rifle in Costa Mesa, California, on June 5, 2021. (Patrick Fallon/AFP via Getty Images)
In a 2–1 decision (pdf), a three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that the state’s law violates the Second Amendment rights.

The Second Amendment reads, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

“America would not exist without the heroism of the young adults who fought and died in our revolutionary army,” U.S. Circuit Judge Ryan Nelson, an appointee of President Donald Trump, wrote for the San Francisco-based appeals court. “Today we reaffirm that our Constitution still protects the right that enabled their sacrifice: the right of young adults to keep and bear arms.”

A summary of the court ruling reads, in part: “The panel held that California’s ban was a severe burden on the core Second Amendment right of self defense in the home.” It also says that historical record showed that the Second Amendment “protects the right of young adults to keep and bear arms, which includes the right to purchase them.”

The decision by Nelson and U.S. Circuit Judge Kenneth Lee, also a Trump appointee, reverses a ruling by San Diego-based U.S. District Judge M. James Lorenz, an appointee of President Bill Clinton, who in November 2020 (pdf) declined to block the law’s enforcement.

“[T]he district court erred by holding that the California laws did not burden Second Amendment rights,” Nelson wrote in the opinion on Wednesday.

The office of California Attorney General Rob Bonta, a Democrat, said it is reviewing the court’s decision. In a statement, a spokesperson said it was committed to “defending California’s commonsense gun laws.”


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