Federal judge overturns Cali’s 3 decade-old assault weapons ban

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A federal judge has overturned California’s three-decade-old ban on assault weapons, ruling that it violates the constitutional right to bear arms.

U.S. District Judge Roger Benitez of San Diego ruled Friday that the state’s definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states.

This Law Cannot Survive

“Under no level of heightened scrutiny can the law survive,” Benitez said. He issued a permanent injunction against enforcement of the law but stayed it for 30 days to give state Attorney General Rob Bonta time to appeal.

In his 94-page ruling, the judge spoke favorably of modern weapons, said they were overwhelmingly used for legal reasons.

“Like the Swiss Army knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle,” the judge said in his ruling’s introduction.

The Definition

California and all Democrats define ordinary rifles as “assault weapons” like you would a bazooka.

“This case is not about extraordinary weapons lying at the outer limits of Second Amendment protection. The banned ‘assault weapons’ are not bazookas, howitzers, or machine guns. Those arms are dangerous and solely useful for military purposes,” his ruling said.

“This is an average case about average guns used in average ways for average purposes,” the ruling said. “One is to be forgiven if one is persuaded by news media and others that the nation is awash with murderous AR-15 assault rifles. The facts, however, do not support this hyperbole, and facts matter.”

“In California, murder by knife occurs seven times more often than murder by rifle,” he added. [They will eventually want to take those away too!]

In a preliminary ruling in September, Benitez said California’s complicated legal definition of assault weapons can ensnare otherwise law-abiding gun owners with criminal penalties that among other things can strip them of their Second Amendment right to own firearms.

California first restricted assault weapons in 1989, and they keep updating it.

California’s attorney general argued that assault weapons as defined by the law are more dangerous than other firearms and are disproportionately used in crimes and mass shootings. But Benitez said the guns are overwhelmingly owned for legal purposes.

Despot Gavin Newsom isn’t backing down, of course.


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