SCOTUS won’t stay Sunnyvale ammo magazine ban

U.S. Supreme Court Justice Anthony Kennedy has rejected the National Rifle Association’s request for an emergency stay blocking enforcement of Sunnyvale’s new ban on possession of ammunition magazines that hold more than 10 rounds, according to SCOTUSblog’s Lyle Denniston.

The NRA had sought the stay Monday after the 9th Circuit Court of Appeals and a federal trial-court judge in San Jose refused the request as well. Kennedy had ordered Sunnyvale to respond by 3 p.m. Eastern today, and issued his brief order without explanation – not yet available online – at about 4:10 p.m.

The NRA represents six Sunnyvale residents who claim the new ordinance, enacted by 67 percent of the city’s voters last November as Measure C, infringes upon their constitutional rights. The ordinance took effect Dec. 6, giving residents 90 days to either sell their magazines to a federally licensed dealer, store them outside the city, or turn them in to police for destruction. As of late last week, nobody had turned in their magazines, the city reported.

UPDATE @ 3:48 P.M.: Click here for a more complete story, including comment from the NRA’s Chuck Michel.

Josh Richman

Josh Richman covers state and national politics for the Bay Area News Group. A New York City native, he earned a bachelor’s degree in journalism from the University of Missouri and reported for the Express-Times of Easton, Pa. for five years before coming to the Oakland Tribune and ANG Newspapers in 1997. He is a frequent guest on KQED Channel 9’s “This Week in Northern California;” a proud father; an Eagle Scout; a somewhat skilled player of low-stakes poker; a rather good cook; a firm believer in the use of semicolons; and an unabashed political junkie who will never, EVER seek elected office.