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SACRAMENTO, Calif. (AP) — High-capacity gun magazines will remain legal in California under a ruling Friday by a federal judge who cited home invasions where a woman used the extra bullets in her weapon to kill an attacker while in two other cases women without additional ammunition ran out of bullets."Individual liberty and freedom are not outmoded concepts," San Diego-based U.S. District Judge Roger Benitez wrote as he declared unconstitutional the law that would have banned possessing any magazines holding more than 10 bullets.California law has prohibited buying or selling such magazines since 2000, but those who had them before then were allowed to keep them.In 2016, the Legislature and voters approved a law removing that provision. The California arm of the National Rifle Association sued and Benitez sided with the group's argument that banning the magazines infringes on the Second Amendment right to bear arms.Benitez had temporarily blocked the law from taking effect with a 2017 ruling.Chuck Michel, an attorney for the NRA and the California Rifle & Pistol Association, said the judge's latest ruling may go much farther by striking down the entire ban, allowing individuals to legally acquire high-capacity magazines for the first time in nearly two decades."We're still digesting the opinion but it appears to us that he struck down both the latest ban on possessing by those who are grandfathered in, but also said that everyone has a right to acquire one," Michel said.Attorney General Xavier Becerra said in a statement that his office is "committed to defending California's common sense gun laws" and is reviewing the decision and evaluating its next steps.The goal of the California law is to deter mass-shootings, with Becerra previously listing as an example the terrorist assault that killed 14 and injured 22 in San Bernardino.Benitez, an appointee of Republican President George W. Bush, called such shootings "exceedingly rare" while emphasizing the everyday robberies, rapes and murders he said might be countered with firearms.The Giffords Law Center to Prevent Gun Violence, named after a former congresswoman who survived a mass shooting, is also still evaluating whether the decision applies more broadly, said staff attorney Ari Freilich.But Freilich predicted the "extreme outlier decision" will be overturned on appeal and criticized a judge "so deeply out of touch that he believes mass shootings are a 'very small' problem in this country."Becerra previously said similar Second Amendment challenges have been repeatedly rejected by other courts, with at least seven other states and 11 local governments already restricting the possession or sale of large-capacity magazines. The conflicting decisions may ultimately be sorted out by the U.S. Supreme Court.Benitez ruled that magazines holding more than 10 rounds are "arms" under the U.S. Constitution, and that the California law "burdens the core of the Second Amendment by criminalizing the acquisition and possession of these magazines that are commonly held by law-abiding citizens for defense of self, home, and state."Benitez described three home invasions, two of which ended with the female victims running out of bullets.In the third case, the pajama-clad woman with a high-capacity magazine took on three armed intruders, firing at them while simultaneously calling for help on her phone."She had no place to carry an extra magazine and no way to reload because her left hand held the phone with which she was still trying to call 911," the judge wrote, saying she killed one attacker while two escaped.The magazine ban was included in 2016 legislation that voters strengthened with their approval of Proposition 63, which was championed by then-Lt. Gov. Gavin Newsom.In a statement, Newsom criticized the judge's ruling."This District Court Judge's failure to uphold a ban on high-capacity magazines is indefensible, dangerous for our communities and contradicts well-established case law," the governor said. "I strongly disagree with the court's assessment that 'the problem of mass shootings is very small.' Our commitment to public safety and defending common sense gun safety laws remains steadfast." 4228
SACRAMENTO, Calif. (KGTV) -- As Californias head out to vote, many important propositions and measures are on the ballot this November.One of those initiatives is Proposition 16.If approved, Prop 16 would repeal Proposition 209 from the state constitution which, according to BallotPedia, banned the use of affirmative action involving sex or race-based preferences.Those in support of Proposition 16 argue that it takes a step toward “dismantling structural racism and sexism.”Meanwhile, those opposed to the proposition point to Prop 209 as to why voters should mark "no" on the ballot. “The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin, in the operation of public employment, public education, and public contracting,” the website states in reference to a passage from Prop 209.See what a vote for or against Proposition means below, according to the state's voter guide:YES: A YES vote on this measure means: State and local entities could consider race, sex, color, ethnicity, and national origin in public education, public employment, and public contracting to the extent allowed under federal and state law.NO: A NO vote on this measure means: The current ban on the consideration of race, sex, color, ethnicity, and national origin in public education, public employment, and public contracting would remain in effect. 1452

SACRAMENTO, Calif. (AP) — Nineteen states sued on Monday over the Trump administration's effort to alter a federal agreement that limits how long immigrant children can be kept in detention."We wish to protect children from irreparable harm," California Attorney General Xavier Becerra said as he announced the lawsuit he is co-leading with Massachusetts Attorney General Maura Healey. Both are Democrats.A 1997 agreement known as the Flores settlement says immigrant children must be kept in the least restrictive setting and generally shouldn't spend more than 20 days in detention.The U.S. Department of Homeland Security said last week it would create new regulations on how migrant children are treated. The administration wants to remove court oversight and allow families in detention longer than 20 days. About 475,000 families have crossed the border so far this budget year, nearly three times the previous full-year record for families.A judge must OK the Trump administration's proposed changes in order to end the agreement, and a legal battle is expected from the case's original lawyers.It's not likely that U.S. District Court Judge Dolly Gee would approve the changes; it was her ruling in 2015 that extended the application of the Flores agreement to include children who came with families. She ordered the Obama administration to release children as quickly as possible.Still, Becerra argued California has a role to play in the case because the state is home to so many immigrants."The federal government doesn't have a right to tell us how we provide for the well-being of people in our state," he said.California does not have any detention centers that house migrant families. The Trump administration argued that because no states license federal detention centers, they wanted to create their own set of standards in order to satisfy the judge's requirements that the facilities are licensed.They said they will be audited, and the audits made public. But the Flores attorneys are concerned that they will no longer be able to inspect the facilities, and that careful state licensing requirements will be eschewed.Becerra echoed that argument, saying that removing state authority over licensing centers could allow the federal government to place centers in California or other states that don't meet basic standards of care.Attorney General Bob Ferguson of Washington, also a Democrat, said prolonged detention will have long-term impacts on the mental and physical health of immigrant children and families."When we welcome those children into our communities, state-run programs and services bear the burden of the long-term impact of the trauma those children endured in detention," he said.California on Monday also sought to halt a Trump administration effort that could deny green cards to immigrants using public benefits.Other states joining the lawsuit are Connecticut, Delaware, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.__Associated Press journalists Colleen Long in Washington, D.C., and Rachel La Corte in Olympia, Washington, contributed to this report. 3247
SACRAMENTO, Calif. (AP) — Authorities are using a powerful tool in their effort to identify the scores of people killed by the wildfire that ripped through Northern California: rapid DNA testing that produces results in just two hours.The system can analyze DNA from bone fragments or other remains, then match it to genetic material provided by relatives of the missing. But the technology depends on people coming forward to give a DNA sample via a cheek swab, and so far, there are not nearly as many volunteers as authorities had hoped for.As of Tuesday, nearly two weeks after the inferno devastated the town of Paradise and surrounding areas, the number of confirmed dead stood at 79, and the sheriff's list of those unaccounted for had about 700 names.But only about 60 people had provided samples to pop-up labs at the Butte County Sheriff's office in Oroville and an old Sears building in Chico, where the Federal Emergency Management Agency set up a disaster relief center, said Annette Mattern, a spokeswoman for ANDE, the Longmont, Colorado, company that is donating the technology."We need hundreds," Mattern said. "We need a big enough sample for us to make a positive ID on these and to also give a better idea of how many losses there actually are."Confusion and conflicting information, the inability of relatives to travel to Northern California and mistrust of the government may be contributing to the low number.Tara Quinones hadn't heard anything from her uncle, David Marbury, for eight days before she drove north from the San Francisco Bay Area to give a sample Friday. A worker used a small tool to scrape her cheek, took three swabs of skin and asked her detailed questions about who she was looking for and their relationship.The uncle's landlord confirmed his house burned down with his vehicle still in the garage, but Quinones had no idea if any remains were found. Marbury's name keeps going on and off the ever-changing list of the missing."I did it just to be proactive," Quinones said Monday. "This is the one way I could contribute to helping find my uncle."Some of those who have given DNA came forward, like Quinones, after learning about the identification effort in their desperate search for a loved one, others after the sheriff's office called to say that remains that probably belonged to a family member had been found.Mattern declined to say Tuesday how many victims ANDE's technology has helped identify. Sheriff Kory Honea's office did not immediately respond to requests for comment.The fire was 70 percent contained Tuesday. Rain in the forecast for Wednesday through Thanksgiving weekend could aid in fighting the fire but could also bring flash floods and complicate efforts to recover remains.Once DNA is extracted from the remains, it is placed in a vial that goes into a black machine that looks like a bulky computer printer. It takes just two hours to process the material and get a DNA profile; traditional methods can take days or weeks. If a relative's DNA is already in the system, a match will pop up right away.Mattern said it has been surprisingly easy to get DNA from remains, despite the devastating damage done by the flames."We went in with pretty measured expectations, we didn't know what we were walking into," she said. "We have a tremendous database now of the victims of the fire."Ruth Dickover, director of the forensic science graduate program at the University of California-Davis, said that scientists have long been able to extract DNA from bone — a process that involves pulverizing the bone — but things can become more complicated if the remains of multiple people are mixed together."What's left may not give you a nice beautiful profile," she said.ANDE won a contract in 2009 to do research and development for federal agencies, and the company's technology has been used in pilot programs for several years. Over the summer, it won FBI approval for use in accredited labs. Law enforcement agencies in Utah, New York and Miami have used the technology, as has the military.This is the first time ANDE has helped identify victims after a natural disaster. The company has donated seven machines and about a dozen workers to the effort.Sarah Warren drove an hour and a half from Redding on Monday to report her uncle, Devan Ruel, as missing. The sheriff's office gave her a number to call about missing people, and when she called, she was told authorities would contact her if they needed her DNA, she said.She said no one told her about the collection desk at the old Sears, so she returned home without providing one."I could have done that so easily, just to be safe," she said.Warren hadn't talked to Ruel in about eight years and said the family did not have an address for him."He was just an off-the-grid type of guy," she said. "If he did perish that way it would be horrific. It deeply, deeply saddens me to even consider that being a possibility."Mattern said the sheriff's office is looking for a way to make it easier for families who don't live in Northern California to provide samples. And in hopes of easing fears that the DNA will be misused, the sheriff's office and the company gave assurances it will be deleted once it is no longer needed. 5251
SACRAMENTO, Calif. (AP) — A California appeals court says it's legal to have small amounts of marijuana in prison — so long as inmates don't inhale.The 3rd District Court of Appeal ruled that California voters legalized recreational possession of less than an ounce (28 grams) of cannabis in 2016, with no exception even for those behind bars.But the court says state law does prohibit smoking weed in prison. Prison officials can also still punish pot possession as a rules violation."According to the plain language of ... Proposition 64, possession of less than an ounce of cannabis in prison is no longer a felony," the court ruled Tuesday. "Smoking or ingesting cannabis in prison remains a felony."RELATED: City votes in favor of marijuana production site in Kearny MesaThe court overturned the Sacramento County convictions of five inmates who had been found with marijuana in their prison cells."The voters made quite clear their intention to avoid spending state and county funds prosecuting possession of less than an ounce of marijuana, and quite clear that they did not want to see adults suffer criminal convictions for possessing less than an ounce of marijuana," Sacramento County Assistant Public Defender Leonard Tauman said in an email. The appeals court "quite properly honored what the electorate passed."Attorney General Xavier Becerra's office said it is reviewing the ruling and did not say if he will appeal.RELATED: Nevada becomes first state to ban pre-employment marijuana tests"We want to be clear that drug use and sales within state prisons remains prohibited," said corrections department spokeswoman Vicky Waters. She said the department "is committed to providing a safe, accountable environment for prisoners and staff alike and we plan to evaluate this decision with an eye toward maintaining health and security within our institutions."The three-judge panel rejected the state's argument that guards will lose control over prisons if inmates are free to possess small quantities of marijuana, noting that possession can still be punished as a rules violation with longer prison terms or a reduction in privileges.While prison officials can still punish inmates for violating the rules, "this ruling will prevent inmates from having years added to their sentences for simple possession, reducing overcrowding and saving ,000-75,000 a year in unnecessary costs," said Assistant Public Defender David Lynch.RELATED: More than 100 illegal pot farms busted in Anza, tons of weed seizedThe judges scolded the attorney general's office for a counter-argument it said "uses arcane rules" and "twists the meaning of the words of the statute."Becerra's office argued that the court's reading of the law was absurd because it in effect allows controlled substances into prisons. But the court noted that it previously ruled that it's not illegal for inmates to have properly prescribed medications or medical marijuana behind bars — though it may be against the rules."The Attorney General raises the same hackneyed and losing arguments in each case involving contraband in jails or prisons," the judges wrote.Lawmakers held "an over abiding consensus" in the 1940s that drug use by inmates was "the ultimate evil," they wrote. But those old laws belie "a gradual change in attitude" first toward medical and eventually toward recreational marijuana."As a matter of public policy, his position may be sound," the judges wrote. "The fact that the Attorney General may not agree with the voters does not empower us to rewrite the initiative."They ultimately concluded that "a result is not absurd because the outcome may be unwise." 3667
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