{"id":1403,"date":"2015-03-04T22:24:00","date_gmt":"2015-03-04T22:24:00","guid":{"rendered":"https:\/\/onlygunsandmoney.com\/2015\/03\/04\/three-clinton-appointed-judges-uphold\/"},"modified":"2019-08-16T18:25:16","modified_gmt":"2019-08-16T18:25:16","slug":"three-clinton-appointed-judges-uphold","status":"publish","type":"post","link":"https:\/\/onlygunsandmoney.com\/?p=1403","title":{"rendered":"Three Clinton Appointed Judges Uphold Sunnyvale Mag Ban"},"content":{"rendered":"<div class='__iawmlf-post-loop-links' style='display:none;' data-iawmlf-post-links='[{&quot;id&quot;:10861,&quot;href&quot;:&quot;https:\\\/\\\/www.firearmspolicy.org\\\/wp-content\\\/uploads\\\/2015\\\/03\\\/CA9-fyock-sunnyvale-decision.pdf&quot;,&quot;archived_href&quot;:&quot;&quot;,&quot;redirect_href&quot;:&quot;&quot;,&quot;checks&quot;:[],&quot;broken&quot;:false,&quot;last_checked&quot;:null,&quot;process&quot;:&quot;done&quot;}]'><\/div>\n<p>\nThe Ninth Circuit Court of Appeals ruled today that the City of Sunnyvale, California was within its rights to ban magazines with greater than 10-round capacity. The case, Fyock v. Sunnyvale, was an appeal by the plaintiffs from the US District Court for the Northern District of California. The three judges on the case &#8211; Michael Daly Hawkins, Johnnie B. Rawlinson, and District Court Judge Barbara M. G. Lynn &#8211; were all appointed by President Bill Clinton.<\/p>\n<p><a href=\"https:\/\/www.firearmspolicy.org\/wp-content\/uploads\/2015\/03\/CA9-fyock-sunnyvale-decision.pdf\" target=\"_blank\" rel=\"noopener\">From the case summary<\/a>:<\/p>\n<blockquote class=\"tr_bq\"><p>\n<i>The panel affirmed the district court\u2019s denial of a request<br \/>\nto preliminarily enjoin an ordinance enacted by the City of<br \/>\nSunnyvale, California, restricting the possession of \u201clarge capacity<br \/>\nmagazines\u201d statutorily defined as a detachable<br \/>\nammunition feeding device capable of accepting more than<br \/>\nten rounds.<\/p>\n<p>The panel held that the district court applied the<br \/>\nappropriate legal principles and did not clearly err in finding,<br \/>\nbased on the record before it, that a regulation restricting<br \/>\npossession of certain types of magazines burdened conduct<br \/>\nfalling within the scope of the Second Amendment. The<br \/>\npanel further agreed with the district court that intermediate<br \/>\nscrutiny was appropriate. The panel held that Sunnyvale\u2019s<br \/>\ninterests in promoting public safety and reducing violent<br \/>\ncrime were substantial and important government interests.<br \/>\nSo, too, were Sunnyvale\u2019s interests in reducing the harm and lethality of gun injuries in general, and in particular as against<br \/>\nlaw enforcement officers. The panel held that the evidence<br \/>\nidentified by the district court was precisely the type of<br \/>\nevidence that Sunnyvale was permitted to rely upon to<br \/>\nsubstantiate its interest. The panel concluded that the district<br \/>\ncourt did not abuse its discretion in determining, on the<br \/>\nrecord before it, that Sunnyvale presented sufficient evidence<br \/>\nto show that the ordinance was likely to survive intermediate<br \/>\nscrutiny and that plaintiffs failed to demonstrate that they<br \/>\nwould likely succeed on the merits of their claim.<\/i><\/p><\/blockquote>\n<p>The Sunnyvale ban was not merely a ban on sale but a ban on possession of standard capacity magazines.<\/p>\n<p>Amicus briefs on the plaintiffs&#8217; behalf included briefs from the NSSF, the California Rifle &amp; Pistol Association, the Pink Pistols, and the Gun Owners of California.<\/p>\n<p>Those supporting Sunnyvale included the usual coterie of gun prohibitionists including the Brady Center, Everytown Moms for Illegal Mayors, the Law Center to Prevent Gun Violence (sic) (formerly LCAV), and the Cities of LA and San Francisco.<\/p>\n<div style=\"margin-top: 0px; margin-bottom: 0px;\" class=\"sharethis-inline-share-buttons\" ><\/div>","protected":false},"excerpt":{"rendered":"<p>The Ninth Circuit Court of Appeals ruled today that the City of Sunnyvale, California was within its rights to&hellip;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":2,"footnotes":""},"categories":[1],"tags":[2316],"class_list":["post-1403","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-fyock-et-al-v-sunnyvale-et-al"],"_links":{"self":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/1403","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1403"}],"version-history":[{"count":1,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/1403\/revisions"}],"predecessor-version":[{"id":10250,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/1403\/revisions\/10250"}],"wp:attachment":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1403"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1403"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1403"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}