The California 9th Circuit Court of Appeals has blocked the federal judge Roger Benitez’s order earlier this month that overturned California’s 30 year old assault weapons ban.
In an order Monday a panel of three circuit court judges of the California’s federal appeals court, issued a stay of US District judge Roger Benitez’s order that overturned the assault rifle ban. All this means is that the assault rifle ban will stay in place until further court proceedings continue. The 9th Circuit court of appeals judges who issued the stay were: judge Barry G. Silverman, appointed by president Bill Clinton, judge Ryan D.Nelson appointed by president Donald Trump and judge Jacqueline Nguyen appointed by president Barack Obama.
When Benitez overturned the state’s ban on assault weapons, he gave the state 30 days to challenge the ruling. California Atty Gen. Rob Bonta filed an appeal less than a week later, calling it “fundamentally flawed.”
The 9th Circuit court said both parties will file a status update within 14 days.
Judge Benitez previously ruled against other state firearm restrictions. Last year, he ruled California’s ban on high-capacity magazines was unconstitutional. He also struck down the state’s restriction on remote purchases of gun ammunition.
We’ll keep you updated on this story as it progresses. The legal battle could continue for some time and may be decided by the U.S Supreme Court.
Lew Lew Media staff