Appeals Court Says Sunnyvale Gun Law Can Stay in Place

A federal appeals court in San Francisco has allowed a California towns controversial gun-control law to stay in place, frustrating, at least for the moment, arguments by gun-rights activists that the law violates the Second Amendment.

The U.S. Court of Appeals for the Ninth Circuit on Wednesday ruled that a lower court did not err in allowing a law passed in Sunnyvale in to stay in effect while the legal challenge moved forward. The lawbans anyone from owning gun magazines capable of holding more than 10 rounds.

In a ruling written by Michael Daly Hawkins, the three-judge panel ruled that the law, passed in 2013 by Sunnyvale voters, does burden the Second Amendment. But the panel agreed with the lower courts ruling that the laws compelling government interest of public safety justifies its burden on the Second Amendment and therefore doesnt violate the constitution.

Wrote the panel:

Sunnyvale presented evidencethat the use of large-capacity magazines results in moregunshots fired, results in more gunshot wounds per victim,and increases the lethality of gunshot injuries. Sunnyvalealso presented evidence that large-capacity magazines aredisproportionately used in mass shootings as well as crimesagainst law enforcement, and it presented studies showingthat a reduction in the number of large-capacity magazines incirculation may decrease the use of such magazines in guncrimes. Ultimately, the district court found that Sunnyvalesubmitted pages of credible evidence, from study data toexpert testimony to the opinions of Sunnyvale publicofficials, indicating that the Sunnyvale ordinance issubstantially related to the compelling government interest inpublic safety.

The case will now move back to the district court, where challengers will move forward, though the law will stay in place during the lawsuit.

The Sunnyvale ordinance garnered wide attention when it was passed over a year ago, partly because the towns mayor, Tony Spitaleri, had pushed so hard for the bill. At the time,Mr. Spitaleri said the measure wasnt as much about reducing crime as it was about keeping people who own guns safer in their own homes.

Gun-rights activists pilloried the law, partly because it requires anyone wholegally own magazines with more than 10 rounds to get rid of them.

In a statement, Sunnyvale city manager Deanna J. Santana said: A large majority of Sunnyvale voters passed Measure Cin the interest of public safetyso we are very pleased that the Ninth Circuit upheld the district courts ruling.

Chuck Michel, a lawyer for the challengers said that an appeal of the decision was in the works, and that the ruling is based on a fundamental misapplication of the Supreme Courts ruling in the Heller case, the seminal 2008 ruling that struck down Washington, D.C.s handgun ban.

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Appeals Court Says Sunnyvale Gun Law Can Stay in Place