A federal judge Friday 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 that the state’s definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states and by the U.S. Supreme Court.
“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.
Gov. Gavin Newsom condemned the decision, calling it “a direct threat to public safety and the lives of innocent Californians, period.”
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.
Read more here: U.S. judge overturns California’s ban on assault weapons (apnews.com)
Replies
Someone needs to inform the Gov. of California... that the Preamble of the US Constitution doesn't provide the State or Federal Government with any rights... it clearly states "WE THE PEOPLE, in order to form a more perfect Union, established Justice, insure domestic tranquility, provide for the common defense, promote the General Welfare, and secure the Blessings of Liberty to Ourselves and our posterity..."
The Constitution was established to protect the PUBLIC's right to self-government, from an oppressive oligarchy of elites ruling over them. The so-called 'general welfare clause was not referring to a State run system of WELFARE or the guarantee by the state to provide a living to its subjects. No, the General Welfare Clause, in the preamble refers to the establishment of a framework of Constitutional law that provides for the self-governance and well-being of the People, not a rogue state. Too, that end our founders included the right to 'keep and bear Arms' as a fundamental right, by guaranteeing it in the 2nd Amendment... dictating that it SHALL NOT BE INFRINGED... making it unassailable by Congress or anybody of Government.
Any law restricting or infringing on the right to keep and bear arms... all arms... is unconstitutional... no matter what the Judiciary. legislature/congress or the executive may dream up.
"Gov. Gavin Newsom condemned the decision, calling it “a direct threat to public safety and the lives of innocent Californians, period.”"
I'm sure Newsome feels that direct threat very personally.
So given the faliure of the wild-eyed A.G. failing to appeal,
The hundreds of thousands of AR-15s come out of hiding.
And the domestic tranquility stands to become quieter still.
On what basis do you believe the AG of California will not appeal the Judge's ruling? The Federal Judge stayed enforcement of his ruling for 30 days, to give state Attorney General Rob Bonta time to appeal. An appeal to the 9th Circut Court of Appeals is almost certain to reverse the Federal District Court ruling. The 9th is the most liberal appellate court in the Union.
The qualifier, 'given', was stated expecting the action you describe.
But just exactly how deep do you think Newsome will bury himself without hesitation?
He faces recall, but will not forsake perpetuating the Covid-lockdown civil liberties rape which is decimating small and medium sized businesses, looks to impose a vaccine passport scheme, will have to address the very dry conditions current in California, and wants to prosecute a gun-ban agenda he absolutely knows has no popular support, but is rather caustic to a significant number of voters.
All he needs to do now, is empty a gas-filled Jerry can over his head and light up (not that I would deny him the match).
WOW, a real judge
Good for the judge. In most cases what these laws targeted was not "assault weapsons" but any weapon the "government, correctly or incorrectly, called an assault weapson. But I would look for the California legislature to try to overturn his ruling!
Look for the 9the Circuit Court of Appeals to reverse this decision... the 9th Circuit Court of Appeals is the most liberal in the country... and has a record for denying 2d Amendment rights in general. This case will likely be decided by the US Supreme Court although several previous cases have already settled this matter .. .supporting the retention of such arms by citizens.
Thank You Judge!
Leftist dogma is totally irrational & when given even marginal scrutiny collapses .
The Left will fail but when that happens there will be much to repair before we're fully the USA again
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