According to Lyle Denniston at SCOTUSblog:
Justice Kennedy on Wednesday afternoon denied, in a brief order without explanation, the request to block enforcement of the Sunnyvale ordinance limiting the size of ammunition-containing “magazines” in that California city.Of course, the Court can still take this case on review after the District and Circuit Courts have ruled. This kind of request for "emergency relief" is often not granted.
The city of Sunnyvale and its officials urged the Court to deny the application. [In a filing made earlier this afternoon.] Limits on gun magazine capacity have been a part of state law in California for fourteen years, and thus Sunnyvale merely added a provision against continued possession of larger magazines, the brief in response argued.
TUESDAY's DIARY, AS IS
Never at a lack for ingenuity in lodging Second Amendment cases at the Supreme Court, six gun advocates have asked Justice Anthony Kennedy to enjoin the City of Sunnyvale, California, from enforcing a new law that bans magazines with larger than a ten-round capacity.
The case is Fyock v. City of Sunnyvale. The application and a brief description is now available on SCOTUSblog's home page.
They appealed to the Federal District Court, which refused to stay enforcement pending appeal. The Ninth Circuit also refused to stay the ban. J. Kennedy, who haswith jurisdiction over the geographic area of this case, has asked the city to respond by tomorrow afternoon.
The matter is strictly discretionary. Justice Kennedy can grant or deny the application himself or he can refer it to the full Court.
A bit more below the orange bullseye ...
|Disclaimer. What follows is general information on a law topic. Nothing in this diary constitutes legal advice and it is not to be acted upon as legal advice. Criminal law and procedure is a law practice specialty. If you need advice, get it from a skilled professional.
The District judge's response to their request was direct:
Magazines having a capacity to accept more than ten rounds are hardly crucial for citizens to exercise their right to bear arms.I'll cover this case in greater detail after the City or other local government officials have filed their responses.
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