Justice Kennedy responds to appeal to block California law
March 11, 2014
Last week a federal judge in San Jose, California, enforced a ban on so-called high capacity ammunition magazines.
U.S. District Judge Ronald Whyte said “it is rare that anyone will need to fire more than 10 rounds in self-defense.” The federal judge upheld an ordinance outlawing the higher capacity magazines passed by voters in Sunnyvale, California.
Whyte added that the law’s “burden on Second Amendment rights… is relatively light” and the constitutional amendment is outweighed by the “compelling government interest in public safety” allegedly promoted by the ordinance.
In response to the judge’s decision, the plaintiffs of Fyock v. City of Sunnyvale appealed to the Supreme Court’s Justice Kennedy to protect their constitutional right to own firearms, including magazines, and repeal the law.
In a move revealing the Supreme Court may prevent the California ban on magazines, a docket file posted on the Court’s website notes the request for an injunction appeal and announces a response to the application will be issued on Wednesday, March 12, 2014, by 3 p.m.
Kennedy joined the Supreme Court decision on District of Columbia v. Heller on June 26, 2008. The ruling overturned the District of Columbia’s ban on handguns and reaffirmed the Second Amendment protection and the right to own firearms.