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Rob McElhenney attends the season 12 premiere of "It's Always Sunny in Philadelphia" on Tuesday, Jan. 3, 2017, in Los Angeles. (Photo by Richard Shotwell/Invision/AP) 174
SACRAMENTO, Calif. (AP) — A California affiliate of the National Rifle Association has asked a U.S. judge to block a new law requiring background checks for anyone buying ammunition.The California Rifle & Pistol Association asked San Diego-based U.S. District Judge Roger Benitez to halt the checks and related restrictions on ammunition sales.Voters approved tightening California's already strict firearms laws in 2016. The restrictions took effect July 1.The gun owners' association challenged the ammunition background checks in a lawsuit filed last year and on Monday asked for an injunction, alleging it violates the Second Amendment right to bear arms.RELATED: New ammunition law requires background checksThe lawsuit has been joined by out-of-state ammunition sellers and California residents, including Kim Rhode, who has won six Olympic shooting medals and is trying to become the only person to win seven medals at seven consecutive Games."The scheme purports to funnel everyone seeking to exercise their Second Amendment right to acquire ammunition into a single, controlled source, an in-state licensed vendor, for the purpose of confirming purchasers' legal eligibility to possess ammunition and to keep track of all purchases," lawyer Sean Brady wrote. "While making sure dangerous people do not obtain weapons is a laudable goal for government, California's scheme goes too far and must be enjoined."The motion raised concerns about identification requirements and high rates of denials among ammunition buyers undergoing the new background checks. Moreover, the system blocks out-of-state ammunition vendors from the California market, the motion argues.RELATED: Study: Tougher gun laws lead to fewer firearm-related deaths among childrenThe judge is expected to decide in early August whether to order a halt, though any such decision is almost certain to be appealed.Benitez in October rejected the state's attempt to throw out the lawsuit. He allowed opponents to proceed on arguments that the ammunition restrictions impede interstate commerce and are pre-empted by federal law.The measure "criminalizes all of those (ammunition) transactions with merchants conducting business in other states," he wrote in a preliminary ruling that the restriction "significantly burdens interstate commerce."He also preliminarily supported the argument that the new state law conflicts with a federal law allowing gun owners to bring their firearms and ammunition through California.RELATED: Southern California town of Needles wants to be a sanctuary -- for gun ownersThe California law "criminalizes bringing ammunition into the state that was purchased or obtained outside the state," he wrote.Benitez earlier this year struck down California's nearly two-decade-old ban on high-capacity ammunition magazines. That triggered a week-long buying frenzy before he stopped sales while the state appeals his ruling.The impending ammunition background checks sparked a surge in sales as firearm owners sought to beat new requirements, including that dealers report the brand, type and amount of ammunition to the state Department of Justice.Gun owners who already are in the state's background check database would pay a fee each time they buy ammunition, while others can buy longer-term licenses if they do not have certain criminal convictions or mental health commitments.Gov. Gavin Newsom has criticized Benitez's lifting of the state's ban on magazines holding more than 10 bullets, saying he is confident it will be reinstated by the 9th U.S. Circuit Court of Appeals.Attorneys with San Francisco-based Giffords Law Center to Prevent Gun Violence anticipated that Benitez is likely to block the ammunition restrictions, but the law would eventually be upheld on appeal."Unfortunately this may be the one judge in the country" willing to rule that "people should be able to buy unlimited quantities of ammunition without background checks," staff attorney Ari Freilich, who directs the organization's California legislative affairs, said prior to the filing.Gun owner groups have been pinning their hopes on a more conservative U.S. Supreme Court. But the center's litigation director, Hannah Shearer, said there are unlikely to be the kind of conflicting lower court opinions that would prompt the justices to weigh in.She said courts have upheld ammunition licensing laws in other states and she expects the 9th Circuit would do likewise. 4465
ROCHESTER, N.Y. — A statue of abolitionist Frederick Douglass has been ripped from its base in Rochester on the anniversary of one of his most famous speeches.Police say the statue of Douglass was taken from Maplewood Park and placed near the Genesee River gorge on Sunday.On July 5, 1852, Douglass gave the speech “What to the Slave is the Fourth of July” in Rochester. There was no indication the vandalism was timed to the anniversary.The park was a site on the Underground Railroad where Douglass and Harriet Tubman helped shuttle slaves to freedom.Leaders involved in the statue’s creation tell WROC that they believe the nation’s ongoing focus on race could have played a role in the vandalism.The project director of Re-energize the Legacy of Fredrick Douglass, Carvin Eison, questions whether the damage is some type of retaliation because of the calls to take down Confederate statues.WROC reports that the statue is one of 13 placed throughout Rochester in 2018, and it’s the second figure to be vandalized since then.The damaged statue has been taken for repairs. 1082
Right in the middle of America's opioid crisis, there’s a new wave of drug overdoses. This time it’s linked to synthetic marijuana, also known as K2.Joyce Grady has seen the impact the drug is having in D.C. Living in shelters and on the streets has given her a front row seat to the problem.“It's gotten to the point if you hear an ambulance, or police, you automatically put that together with a K2 overdose,” Grady said.The drug is often made to look like marijuana. A mix of chemicals is usually sprayed onto herb or plants, that is then smoked.It can be cheaper and more powerful than marijuana, which is part of its appeal. However, it comes with a high risk.“With marijuana, you can still take a puff and get a smile,” Grady said. “With this K2, you can take a puff and die.” 790
Rocky, the owl recently rescued from the Rockefeller Christmas Tree, was released into the wild on Tuesday, completing a long journey that started from the world’s most famous Christmas tree.The Ravensbeard Wildlife Center showed video of Rocky’s majestic release into the wild on its Facebook page. The center is located about 100 miles north of New York City.The wildlife center said it released Rocky shortly before nightfall so the owl could find safe harbor for the night. It is believed that Rocky will join other owls in the region and head south for the winter.“She is a tough little bird and we're happy to see her back in her natural habitat. We are sure that Rocky will feel your love and support through her journey south,” the Ravensbeard Wildlife Center said in a Facebook post.It is believed that Rocky made the 170-mile trek with the tree. The owl was found when the tree made it into Manhattan. 919