California Gun-Control Battles Sparked by One Judge’s Decisions

California Gun-Control Battles Sparked by One Judge’s Decisions

The Ninth U.S. Circuit Court of Appeals, where the majority of judges were appointed by Democratic presidents, has temporarily halted Judge Benitez’s rulings from taking effect while it considers appeals by the state. Gun-rights advocates said they hope to ultimately take at least one of the Benitez cases to the U.S. Supreme Court. An affirmation of Judge Benitez’s rulings there could set a precedent making it more difficult for Democratic-led states to enact gun-control laws at a time when similar proposals are stalling in the U.S. Congress. Several justices on the Supreme Court have in recent years shown interest in hearing more gun cases. In April, the court took up a potentially significant case involving restrictions on carrying a gun outside the home. Judge Benitez has now teed up several that could capture the high court’s interest and help resolve fundamental issues concerning the scope of the Second Amendment. Judge Roger Benitez in 2004. Photo: Nelvin C. Cepeda/San Diego Union-Tribune/Zuma Press “What is the appropriate level of scrutiny that a court should apply when evaluating a law that’s being challenged under the Second Amendment? People have been fighting to get a case back to the Supreme Court to resolve that question once and for all,” said Chuck Michel, president of the California Pistol & Rifle Association. California’s attorney general, meanwhile, has been trying to keep Judge Benitez from hearing more gun cases. Second Amendment attorneys have used what is called the related-case rule in the federal court system, which […]

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.