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SACRAMENTO, Calif. (AP) — A California judge has thrown out a 2016 state law allowing the terminally ill to end their lives, ruling it was unconstitutionally approved by the Legislature.Lawyers for advocates and opponents say Riverside County Superior Court Judge Daniel Ottolia did not rule on the legality of physician-assisted death. He issued an oral ruling Tuesday saying lawmakers acted illegally in passing the law during a special session devoted to other topics.Ottolia kept the law in place and gave the state attorney general five days to appeal.RELATED: 579
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. (AP) -- A three-judge panel of the 9th U.S. Circuit Court of Appeals has thrown out California's ban on high-capacity ammunition magazines.The panel's majority ruled Friday that the law banning magazines holding more than 10 bullets violates the constitutional right to bear firearms. California Rifle & Pistol Association attorney Chuck Michel calls it a huge victory.The ruling has national implications because other states have similar restrictions.California Attorney General Xavier Becerra did not immediately say if he would ask for a full court review or appeal to the U.S. Supreme Court.He also did not say if the state would seek a delay to prevent a buying spree. 705
SACRAMENTO, Calif. (AP) — The California Assembly has apologized for discriminating against Japanese Americans and helping the U.S. government send them to internment camps during World War II. The Assembly passed a resolution Thursday that also apologized for discrimination leading up to the war. It comes a day after California Gov. Gavin Newsom and the governors of Idaho and Arkansas declared Feb. 19 a Day of Remembrance. That's the day in 1942 when President Franklin D. Roosevelt signed an executive order leading to the imprisonments. California lawmakers gave somber statements and hugged and shook hands with people who were imprisoned in the camps and with their families.The Democratic assemblyman who introduced the resolution said the state would be apologizing for a time when "California led the racist anti-Japanese American movement.”The measure received bipartisan support, a rarity in the Legislature. 930
RIVERSIDE, Calif. (AP) — A Southern California man has been arrested on suspicion of making more than 10,000 harassing phone calls to government offices, including some that included death threats against those answering the phone, federal prosecutors said.Robert Stahlnecker, 48, was arrested at his home in the Mojave Desert town of Twentynine Palms on Friday and held in federal custody after making an initial court appearance, the U.S. Attorney’s Office said.He was charged with threatening federal officers and employees, making interstate communications with the threat to injure a person and anonymous telecommunications harassment.There his no listing for his home phone number and it couldn’t immediately be determined if he has an attorney. His arraignment was scheduled for Dec. 26.According to a 20-page complaint filed in federal court, the calls included three he made within five minutes on Aug. 28 to a congresswoman’s office in San Mateo. Prosecutors said he threatened to come to the office and kill the staffer who answered the phone.On Sept. 28, he allegedly made eight calls in seven minutes to the Washington office of a U.S. senator from Ohio. During the calls prosecutors said he used vulgar language in berating and threatening to kill an intern who answered the phone.Neither member of Congress was identified.In all, prosecutors said, Stahlnecker has made more than 10,000 calls to government agencies and elected officials since January.Prosecutors say U.S. Capitol Police have been investigating harassing and threatening calls allegedly made by Stahlnecker for at least 10 years. According to the affidavit, he has been convicted of harassment in New Jersey and making terrorist threats in Pennsylvania. 1742