No, he stayed the ruling for 30 days to give the state time to appeal. No “freedom week” like he did with standard capacity magazines.Sorry for the ignorant question, but does this mean that while they appeal the decision the law is stricken from the books, sort of speak, and people in CA can buy these firearms?
But after the 30 days, I’m not sure what happens. The state will appeal, and I don’t know if an appeal extends the stay or not.
The judge, you'll note, couched the decision as being necessary under any level of heightened scrutiny. That's interesting and cautious (and probably was in the FPC brief) in case the Supreme Court for some reason settles on intermediate scrutiny rather than strict scrutiny for the 2nd. I.e., the judge noted we don't have a Supreme Court decision setting the level of scrutiny due the 2nd yet, but wrote that the CA AWB would fail the test under even intermediate scrutiny. He also talks about how "facts matter," which could be a hook to make the decision stick under even the low scrutiny rational basis test.
I noticed that too and hope it helps during appeals.