California leaders brace for more bad news for state gun laws after latest court decision
California leaders vowed to double down their efforts to protect people from gun violence following a federal court's decision Thursday to strike down a law that prohibited people with domestic violence restraining orders from having guns.
The state's department of justice said the rule in California remains in effect, despite the court's ruling.
"Wake up, America – this assault on our safety will only accelerate. This is serious – and it’s coming to California," Governor Gavin Newsom said in a statement Thursday. "We are probably only weeks away from another activist judge, Judge Roger Benitez, striking down California's bans on assault weapons and large capacity magazines. California will continue to fight against these extremist judges to protect our residents’ right to be free from gun violence."
The 5th U.S. Circuit Court of Appeals said the federal law targeting those believed to pose a domestic violence threat was unconstitutional and could not stand under the Bruen test, which requires gun laws to have a historical analogy to the firearm regulations in place at the time of the Constitution’s framing, according to CNN.
“Through that lens, we conclude that (the law’s) ban on possession of firearms is an ‘outlier’ that our ancestors would never have accepted,” the 5th Circuit wrote.
The ruling was written by Judge Cory Wilson, an appointee of President Donald Trump.
"Judge Cory Wilson, Judge James Ho, and Judge Edith Jones. These three zealots are hellbent on a deranged vision of guns for all, leaving government powerless to protect its people," Newsom said.
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“This is a dangerous decision, especially when we know that firearms are used to commit more than half of all intimate partner homicides in the United States," California Attorney General Rob Bonta said in a statement. "Californians should know that restraining orders, including Domestic Violence Restraining Orders, still prohibit the possession of firearms. These orders are an essential tool that remain in effect and may be requested at any time. I urge Californians to utilize these life-saving tools.”
Those with domestic violence restraining orders fall under California's Armed and Prohibited Persons System (APPS), which maintains a list of legal gun owners that need to be disarmed because of a certain conviction, mental health issue or have some sort of restraining order against them.
According to the California Department of Justice, those with some sort of restraining order against them made up about 21% of the more than 24,000 people on the APPS list according to its latest data. It's not clear exactly how many of them are in the system for specifically domestic violence.
https://www.kcra.com/article/california-leaders-state-gun-laws-u-s-supreme-court-gavin-newsom/42749360