Court Vacates, Remands Ban on Sale of Semi-Auto Rifles to Adults Under 21 - Ammoland.com

 U.S.A. –-(AmmoLand.com)- The Ninth U.S. Circuit Court of Appeals in San Francisco has vacated and remanded a lower court decision in the long-running challenge by the Second Amendment Foundation and National Rifle Association of provisions in gun control Initiative 1639, passed in November 2018, that prohibits the sale of semi-auto rifles to anyone under age 21, and also prevents sales of such rifles to residents of another state.

The announcement came Dec. 2. Joining SAF and NRA in the February 2019 lawsuit were firearms retailers Daniel Mitchell of Vancouver and Robin Ball of Spokane, and three private citizens in the prohibited age group. The case is known as Mitchell v. Atkins.

According to the tersely-worded order, the motion was unopposed.

“The district court’s judgment is vacated in its entirety, and the case is remanded for further proceedings consistent with the United States Supreme Court’s decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen.”

The court action further underscores the far-reaching importance of the Bruen ruling, which did away with a “means-end scrutiny” strategy created by the federal courts following the McDonald ruling in 2010 that allowed states to essentially get around the Second Amendment by considering whether a challenged regulation promotes an important government interest.

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