A state appeals court has ruled that the ban on assault weapons such as the AR-15 will remain in place. This ban has been in effect since 1989. The ruling, which was introduced late last week, is the first since the US Supreme Court restricted California’s ability to regulate guns.
Just last year, the Supreme Court ruled that states cannot deny people the right to bear arms. Now the CA Court of Appeals is saying the Supreme Court’s decision will not overturn the state’s assault weapons ban.
“But the big question that remained was whether it applied to any type of firearm or weapon. A California court has said otherwise. Our AR-15 ban is in effect,” said legal analyst Steven Clark.
The Third District Court of Appeals ruled Friday that high-caliber rifles such as the AR-15 cannot be sold or possessed in California. The verdict also upheld the conviction of San Jose native Alex Boccanegra, who was charged with attempted murder for shooting a former friend using a rifle.
“You will see examples emerging across the United States of this issue that still prohibits full possession of firearms and all types of weapons found on the AR-15 under any circumstances,” Clark said.
At Reed’s Indoor Range in Santa Clara, KTVU spoke with gun owner Mohammad Jamal. He believes he should be able to own all the firearms necessary to protect himself and his property, and he said his business was particularly targeted by thieves.
“For security, for self-preservation. On the first of this month I am running a store in San Lorenzo. There was an attempted robbery when a group of men entered the store. They came out with guns. Asi. You see” Jamal said.
Jamal says he now has four guns and is practicing shooting in the reeds. The Firearms Policy Coalition also filed a lawsuit on the 14th to remove the 10-day waiting period for purchasing legal firearms in California.
“Issues like the 10-day waiting period, gun registration and some form of gun control still need to be addressed in the court system, and I think we’re going to see it going back to the US Supreme Court.” Clarke said.
We reached out to the Gun Policy Coalition for comment, but did not receive a response in time for this report.