WASHINGTON (CBS SF) — Supreme Court Justice Anthony Kennedy has denied an emergency request by the National Rifle Association to block enforcement of Sunnyvale’s ordinance that bans gun magazines capable of holding more than 10 bullets.

A court spokesman said Kennedy denied the request without comment.

The ban in Sunnyvale went into effect last week after 66 percent of voters approved it in November. The NRA challenged the law, but a federal judge ruled that it does not violate the Second Amendment right to own guns for self-defense.

The 9th U.S. Circuit Court of Appeals in San Francisco denied the NRA’s request for an emergency order to stop the ban from taking effect while it considers the appeal.

Kennedy overseas emergency appeals from California and other Western states.

Tony Schoemberg, a partner at the San Francisco law firm Farella, Braun and Martel, is part of the team handing the case for the City of Sunnyvale and is pleased with Kennedy’s ruling.

“I want to be clear, this was an emergency ruling on a motion to the Supreme Court on a case that’s on appeal to the 9th Circuit. It’s a pretty unusual motion that they made,”

Schoemberg said Wednesday’s ruling was likely the first step in a process that will go on for months.

“It’s a small victory at the beginning of the appellate process,” he said.

KCBS reached out the NRA for comment on the decision but did not hear back.

TM and © Copyright 2014 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2014 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten. The Associated Press contributed to this report.

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