California leftist Attorney General Xavier Becerra is filing an appeal to the Ninth Circuit Court of Appeals (formerly known as the "9th Circus" before President Trump appointed conservative judges) after being denied a stay of a court injunction.
The San Diego Union-Tribune reported:
A San Diego federal judge refused on Friday to delay implementing the injunction he issued a day earlier that halted enforcement of a state law requiring background checks for ammunition buyers, prompting the office of state Attorney General Xavier Becerra to head to an appeals court.
U.S. District Judge Roger Benitez issued a lengthy ruling Thursday concluding the state law requiring a background check for ammo purchases violated the Second Amendment rights of gun owners in the state. He also said a part of the law banning bringing in ammo from other states without it first being sent through a licensed dealer violated the commerce clause of the U.S. Constitution.
On Friday state lawyers filed a motion asking Benitez to immediately issue a stay of the injunction until they could file an appeal. State lawyers said the action was needed immediately because “ammunition vendors have already started selling ammunition without background checks, creating the near certainty that prohibited persons—convicted felons, violent misdemeanants, and others prohibited by law from possessing firearms and ammunition—will have easy access to ammunition.”
But Benitez was not persuaded.
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