The 9th Circuit Court of Appeals quickly blocked a federal district court docket ruling that may have repealed California‘s assault weapons ban.
In a Monday panel determination in Miller v. Bonta, the appellate court docket put the June 4 order from District Court Judge Roger Benitez previous maintain because the court docket awaits the end result of one other case. Benitez had dominated that the ban violated the Second Amendment.
“The district court’s June 4, 2021 order and judgment are stayed pending resolution of Rupp v. Bonta,” the court docket mentioned. “The stay shall remain in effect until further order of this court.”
The Rupp case, which additionally offers with the assault weapons ban and has already been briefed earlier than the Ninth Circuit, had additionally been placed on maintain because the court docket handles different Second Amendment instances that might impact it.
Benitez’s district court docket order had dominated the assault weapons ban to be unconstitutional, stating that folks had a proper to own trendy weapons. Benitez likened the AR-15 rifle to a Swiss Army Knife as being “a perfect combination of home defense weapon and homeland defense equipment,” in distinction to militaristic, “extraordinary” weapons like bazookas and machineguns.
“Under no level of heightened scrutiny can the law survive,” Benitez mentioned.
While the court docket awaits a call within the Rupp case, briefing within the Miller case is placed on maintain, though the Ninth Circuit did grant a request by the State of Arizona to file an amicus transient opposing California’s movement to remain Benitez’s ruling for your complete length of the Miller enchantment.
For now, the 9th Circuit is telling the events to face by and file a standing report 14 days after the court docket points a ruling within the Rupp case.