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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
RUNNING SPRINGS, Calif. (KGTV) -- Authorities are searching for a missing skier who reportedly fell off a ski run, according to KABC. The skier went off the path and landed in a canyon, authorities believe. The ski patrol is searching for the man, but visibility is poor at this time. The San Bernardino County Sheriff’s Department helicopter plans to join the search. The resort closed early in the evening Thursday and authorities say their search is becoming even more urgent before night falls. 509
Right now, dozens of train cars carrying 10 million pounds of poop are stranded in a rural Alabama rail yard. Technically it's biowaste, but to the 982 residents in the small town of Parrish, that's just semantics.They want it gone. The load has been there for almost two months, and it's making the whole place smell like a rotting animal carcass.To add insult to injury, it isn't even their poop. For the last year, waste management facilities in New York and one in New Jersey have been shipping tons of biowaste -- literally, tons -- to Big Sky Environmental, a private landfill in Adamsville, Alabama. But in January, the neighboring town of West Jefferson filed an injunction against Big Sky to keep the sludge from being stored in a nearby rail yard.It was successful -- but as a result, the poo already in transit got moved to Parrish, where there are no zoning laws to prevent the waste from being stored. 922
SACRAMENTO, Calif. (AP) — California had a near-record number of daily coronavirus deaths as pandemic cases strained hospitals and reduced normal intensive care space to a record low. Yet Gov. Gavin Newsom said Wednesday that there are hints residents may be heeding medical officials’ increasingly desperate calls for caution during the holidays. The transmission rate has been slowing for nearly two weeks. The rate of positive cases reached a new high of 12.3% over a two-week period but was starting to trend down. Yet the state's worst surge is taking a horrendous toll that threatens to only worsen if people gather during the holidays. 650
SACRAMENTO, Calif. (AP) — California prosecutors announced Wednesday they will seek the death penalty if they convict the man suspected of being the notorious "Golden State Killer" who eluded capture for decades.The move comes less than a month after Gov. Gavin Newsom announced a moratorium on executing any of the 737 inmates on the nation's largest death row. Newsom's reprieve lasts only so long as he is governor and does not prevent prosecutors from seeking nor judges and juries from imposing death sentences.Prosecutors from four counties briefly announced their decision one after another during a short court hearing for Joseph DeAngelo, jailed as the suspected "Golden State Killer." He was arrested a year ago based on DNA evidence linking him to at least 13 murders and more than 50 rapes across California in the 1970s and '80s.He stood expressionless in an orange jail uniform, staring forward from a courtroom cage, as prosecutors from Sacramento, Santa Barbara, Orange and Ventura spoke. Although prosecutors from six counties were in court for the four-minute hearing, charges in those four counties include the special circumstances that could merit execution under California law.His attorney, public defender Diane Howard, did not comment. DeAngelo, 73, has yet to enter a plea and his trial is likely years away.Prosecutors wouldn't comment after the hearing, but Orange County District Attorney Todd Spitzer said several prosecutors and family members of murder victims planned a Thursday news conference to denounce Newsom's moratorium. An announcement from Spitzer's office said victims' families "will share their stories of losing their loved ones and how the governor's moratorium has devastated their pursuit of justice.""These are horrific crimes," Newsom said in a statement. "Our sympathies are with the victims and families who have suffered at the hands of the Golden State Killer. The district attorneys can pursue this action as is their right under the law."California has not executed anyone since 2006, but Newsom said he acted last month because 25 inmates have exhausted their appeals and court challenges to the state's new lethal injection process are potentially nearing their end. He endorsed a repeal of capital punishment but said he could not in good conscious allow executions to resume in the meantime knowing that some innocent inmates could die.He also said he is exploring ways to commute death sentences, which would permanently end the chance of executions, though he cannot act without permission from the state Supreme Court in many cases.Voters narrowly supported capital punishment in 2012 and 2016, when they voted to speed up executions by shortening appeals.Criminal Justice Legal Foundation legal director Kent Scheidegger said prosecutors' decision made sense despite Newsom's moratorium."It's a perfect example of a killer for whom anything less would not be justice," said Scheidegger, who is fighting in court to resume executions. "I think it's entirely appropriate for DAs to continue seeking the death penalty in appropriate cases, because the actual execution will be well down the road and the governor's reprieve won't be in effect by then. Something else will have happened." 3257