A U.S. appeals court ruled on Saturday that California's assault weapons ban will remain in force while the state attorney general appeals a lower court decision declaring the 30-year-old measure unconstitutional.
A divided three-judge panel of the 9th U.S. Circuit Court of Appeals blocked the injunction issued last week by U.S. District Judge Roger Benitez in San Diego from taking effect while the case remains under review.
But by a 2-1 majority the 9th Circuit panel stayed the judge's order, citing the full appeals court's finding in a similar case that the attorney general was likely to succeed on the merits and had shown that "California would be irreparably harmed absent a stay." Since then, California has restricted the manufacture, distribution, transportation, importation, sale or possession of firearms that qualify under the law as "assault weapons." Such guns are defined as those with certain tactical enhancements or configurations designed to make them more dangerous to the public and thus susceptible to criminal use.
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