United States Ninth Circuit

In this case, an ordinance enacted by defendant City of Sunnyvale restricted possession of "large capacity magazines," statutorily defined as a detachable immunity feeding device capable of accepting more than ten rounds. Plaintiffs claim that the ordinance violates their Second Amendment right to keep and bear arms and that they will be irreparably harmed if the ordinance is not immediately enjoined. Order denying plaintiffs' request to preliminarily enjoin the ordinance is affirmed, where: 1) intermediate scrutiny was appropriate; 2) the City's interests in promoting public safety, reducing violent crime, and reducing the harm and lethality of gun injuries in general, were substantial and important government interests; and 3) the district court did not abuse its discretion in determining, on the record before it, that the City presented sufficient evidence to show that the ordinance was likely to survive intermediate scrutiny and that plaintiffs failed to demonstrate that they would like succeed on the merits of their claim.

Appellate Information

• Decided 03/04/2015
• Published 03/04/2015

Judges

• Hawkins

Court

• United States Ninth Circuit

Counsel