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California judge blocks gun control law requiring background checks for ammo purchases

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California judge blocks gun control law requiring background checks for ammo purchases

A federal judge has ruled that California cannot enforce a law requiring people to undergo background checks to buy ammunition, declaring it unconstitutional.

On Tuesday, U.S. District Judge Roger Benitez in San Diego said the gun control measure has “no historical pedigree” and violates the Second Amendment rights of citizens.

“A sweeping background check requirement imposed every time a citizen needs to buy ammunition is an outlier that our ancestors would have never accepted for a citizen,” wrote Benitez, a President George W. Bush appointee. 

The judge also criticized the number of law-abiding gun owners who were rejected after undergoing background checks and prevented from buying ammo.

ATF WHISTLEBLOWERS SOUND ALARM ON BIDEN ADMIN PROPOSAL THAT EFFECTIVELY BANS PRIVATE GUN SALES: REPORT

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AR-15-style rifles are displayed for sale at Firearms Unknown, a gun store in Oceanside, California, April 12, 2021. (REUTERS/Bing Guan)

“The 2019 rejection rate was 16%. Overwhelmingly, the rejections were either because the state had no record of gun ownership or because of personal identifier mismatches,” Benitez wrote. “One would expect problems and errors in a new system as extensive and ungainly as California’s unprecedented ammunition background check system. Unfortunately, today the background check rejection rate is lower at 11%, but it is still too high.” 

Benitez issued a permanent injunction blocking the law from being enforced while the state appealed to the 9th U.S. Circuit Court of Appeals. 

“These laws were put in place as a safeguard and a way of protecting the people of California, and they work,” said state Attorney General Rob Bonta, a Democrat. “Background checks save lives.”

California Gov. Gavin Newsom, also a Democrat, ripped the judge’s decision and accused Benitez of being in the pocket of the gun lobby.

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Governor of U.S. state of California Gavin Newsom speaks at a press conference in Beijing, China, on Oct. 25, 2023. (REUTERS/Tingshu Wang/File Photo)

“Like clockwork, Judge Benitez has yet again put his personal politics and fealty for the gun lobby over the Constitution and common sense,” Newsom said. “California will fight this extremist, illogical, and incoherent ruling as we defend our life-saving measures that are proven to keep our communities safe.”

The ammo background check law — which was approved by voters in 2016 as a ballot measure and amended by the legislature in 2019 to include each ammo purchase — was challenged by Kim Rhode, an Olympic gold medalist in shooting events, and the California Rifle & Pistol Association.

Chuck Michel, the group’s president and general counsel, called the decision a “big win,” saying that California had “blocked many eligible people from getting the ammunition they need, which is the true political intent behind most of these laws.”

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Chris Puehse, owner of Foothill Ammo, displays .45-caliber ammunition for sale at his store in Shingle Springs, California, on June 11, 2019. California may no longer enforce a law that required gun owners to undergo background checks to buy ammunition.  (AP Photo/Rich Pedroncelli)

California had pointed to dozens of laws dating as far back as 1789 as “historical analogues” for ammunition background checks, including restrictions that prohibited slaves, Indians and others from buying ammunition.

The judge rejected that argument, saying, “these repugnant historical examples of prejudice and bigotry” against people who were not afforded constitutional rights do not justify similar restrictions now on people protected by the Constitution. 

 

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Benitez’s ruling relied on the U.S. Supreme Court’s landmark 2022 decision that expanded gun rights nationwide. In binding precedent, the high court said that judges must assess whether a proposed firearm regulation is “consistent with this nation’s historical tradition of firearm regulation” when confronted with decisions that can impact gun rights.

The case is Rhode et al. v. Bonta. 

Reuters contributed to this report.

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San Francisco, CA

Civil grand jury report warns of wildfire risk at SF’s Glen Canyon Park

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Civil grand jury report warns of wildfire risk at SF’s Glen Canyon Park


SAN FRANCISCO (KGO) — A recent Civil Grand Jury report has identified wildfire risks in San Francisco’s Glen Canyon, warning that vegetation management is needed to reduce the potential for a fire in an area not typically associated with wildfire danger.

The report focuses on the canyon’s large population of Blue Gum eucalyptus trees, an invasive species originally imported from Australia.

Historical photographs show Glen Canyon was largely treeless in the late 1800s, when the land was used primarily as a dairy farm.

The eucalyptus trees were planted after investors believed the fast-growing species could be harvested for timber.

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“And these people were so stupid, they didn’t realize they were going to build railroad ties and use the wood for building, and it’s worthless. It warps, it splits. it has no commercial value,” said Rick Carell, a member of the Civil Grand Jury.

While the timber venture failed, the trees remained.

Today, their flammability is a concern for fire safety officials and grand jury members.

MORE: 600 goats graze Poplar Beach in Halfmoon Bay to reduce wildfire risk

“The leaves have a lot of oil in them, and so actually, if it’s very hot, and it’s been very, very dry, they actually explode, because it’s highly flammable. And so, you can see here, look at all the debris right next to this road. So somebody throws a cigarette out into there, and you have a potential fire,” Carell said.

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Carell said assessments of the trees have raised additional concerns.

“They evaluated something like 427 eucalyptus trees and 80% of them, back in 2012, were in bad shape,” he said.

Although CAL FIRE has repeatedly rated San Francisco’s wildfire risk as low because of the city’s cool, foggy climate, the grand jury report points to the 2025 Pacific Palisades fire in Los Angeles as an example of how fires can occur in urban areas where vegetation management is inadequate.

The report notes that Glen Canyon has only two fire hydrants, one near the Glen Park Recreation Center and another near a day camp building.

However, San Francisco’s Emergency Firefighting Water System provides additional resources through reservoirs, high-pressure hydrants and underground cisterns.

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One nearby cistern at Chenery and Surrey streets can supply 75,000 gallons of water. Based on a fire engine’s typical pumping rate of 1,500 gallons per minute, that amount of water would be exhausted in about 50 minutes. Additional cisterns are located in surrounding neighborhoods.

MORE: CAL FIRE urging Bay Area residents to create defensible space as wildfire season begins

Despite the concerns, the report concluded that removing all eucalyptus trees is not a practical solution because of the canyon’s steep terrain. Large-scale removal could increase the risk of landslides. Instead, the report recommends managing vegetation by clearing brush and fallen debris and removing diseased trees.

“To remove any brush that might be a fire hazard, if something could really ignite quickly. We’re going to raise up the branches, the lower branches of the tree because that’s where a lot of the problem is for the spread of the fire, and if there are any dead trees that are really hazardous or branches that may hang over the roadway, that we can take them out as well,” said Rachel Gordon of the San Francisco Department of Public Works.

Public Works officials are expected to coordinate closely with CAL FIRE on vegetation management efforts.

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“CAL FIRE guys, they train in the type of environment, and so what they do, they get their chainsaws out, they eliminate. They limb the trees, they bring out the debris and that sort of stuff so this is an ideal training site for them,” Carell said.

The San Francisco Public Utilities Commission, which manages a small portion of the canyon, has already removed trees on its property to prevent them from falling across O’Shaughnessy Avenue, a potential emergency evacuation route.

The agency has also hired habitat experts to remove non-native vegetation and replace it with fire-resistant native species, including coast live oaks.

“That has all these tannins in the foliage that resist fire. You can put a lighter right under that thing in the middle of the hottest day of the year, and it will not burn like these willows. They will not burn, and so that’s what we want to load our parks with instead of having things like the eucalyptus and the pine — which, as we all know, they just burn like a crazy Christmas tree fire,” said Habitat Specialist Josiah Clark.

The majority of the 66-acre canyon is managed by the San Francisco Recreation and Parks Department, which agrees that improved coordination among city agencies is essential to maintaining fire safety in the area.

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Denver, CO

RTD to bring back BroncosRide bus service after 5-year suspension

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RTD to bring back BroncosRide bus service after 5-year suspension


The Regional Transportation District’s BroncosRide buses, running from Park-n-Ride lots around metro Denver to Broncos football games, will be back this fall after a five-year suspension.

RTD directors this week voted 10-5 to reinstate the service.

The agency suspended the service before the Broncos’ 2020-21 season due to bus driver shortages and agency concerns about public transit equity.

Despite RTD’s current budget crisis, the directors decided that the BroncosRide — which will cost $1.6 million, according to information that agency staff provided to directors — will help boost RTD’s lagging overall ridership and increase the appeal of public transit.

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If the buses are full, Director Chris Nicholson said, fare revenues estimated at $497,855 will offset the cost.



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Seattle, WA

FOLLOWUP: Sound Transit Board finalizes $400+ million spending installment for West Seattle light rail

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FOLLOWUP: Sound Transit Board finalizes 0+ million spending installment for West Seattle light rail


Two weeks ago, we reported on the Sound Transit Board‘s System Expansion Committee recommending approval of actions to allot $406 million toward West Seattle light rail – the first big commitment after the ST3 plan revision that cemented ST commitment to WS. At this afternoon’s meeting of the full board, the actions all got final approval, as did a much-smaller installment of spending on Ballard light-rail planning.

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(Here’s the full slide deck as presented at the committee meeting, also including the current WS light-rail cost estimate of around $5 billion.)

On the horizon, according to the most-recent ST email update, is work to advance the plan for the new cross-Duwamish River light-rail bridge, shown in this rendering:

(Sound Transit rendering)

That work on the south end of Harbor Island (in a parking lot at 1001 Klickitat, according to city docs) will see crews drill a test bridge shaft approximately 10 feet wide and 250 feet deep to better understand ground conditions,” ST says, to obtain “key information needed to finalize the bridge design.”





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