9th Circuit stays ruling against California assault weapons ban, pending appeal

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9th Circuit stays ruling against California assault weapons ban, pending appeal
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A federal appellate court paused a lower court decision overturning California's ban on assault weapons.

A federal appellate court this weekend paused a lower court decision overturning California's ban on assault weapons, granting a stay in the matter — and leaving the law intact — while it hears an appeal. The 2-1 decision by a three-judge panel of the U.S. 9th Circuit Court of Appeals on Saturday leaned heavily on another decision by the appellate court earlier this month, in which an 11-judge panel paused another ruling overturning the state's ban on large-capacity ammunition magazines.

Fletcher, Bennett and Callahan all agreed to expedite the appeal in the assault weapons case, ordering briefs outlining their positions and the legal foundations for them from the state and the challengers in November. Both the decision to overturn the state's assault weapons ban and the decision to overturn its large-capacity ammunition magazine ban were made since September by U.S. District Judge Roger Benitez of San Diego.

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