Stranger Than Fiction: California Judge Nixes Assault Weapons Ban
June 7, 2021 By David Bronson
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Pictured: Soon-to-be-legal purchases for Californians
I dont know about you, but Im going out and buying a lottery ticket today.
Heres a sentence that I never thought Id have the joy of writing: A California judge has just dismissed Californias so-called Assault Weapons ban in a decision that is nothing less than a massive bitch- slap to every single nonsensical argument that anti-gunners have made against semi-automatic, civilian-legal rifles.
Man, that felt good! Now on to the notice that we received this morning from our friends at the Second Amendment Foundation, who got the ball rolling on todays decision with the case Miller v. Bonta.
The Second Amendment Foundation has won a significant court ruling in the case of Miller v. Bonta , which challenged the constitutionality of Californias ban on so-called assault weapons, with U.S. District Court Judge Roger T. Benitez declaring the states statutes regarding such firearms to be unconstitutional.
SAF was joined in this action by the Firearms Policy Coalition, California Gun Rights Foundation, San Diego County Gun Owners PAC, Poway Weapons and Gear, Gunfighter Tactical, LLC, and several private citizens including James Miller, for whom the case is named.
In his 94-page ruling, Judge Benitez has shredded California gun control laws regarding modern semi-automatic rifles, said SAF founder and Executive Vice President Alan M. Gottlieb. It is clear the judge did his homework on this ruling, and we are delighted with the outcome.
In his opening paragraph, Judge Benitez observes, 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 AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Heller, 554 U.S. 570 (2008) and United States v Miller, 307 U.S. 174 (1939). Yet, the State of California makes it a crime to have an AR- 15 type rifle. Therefore, this Court declares the California statutes to be unconstitutional.
Later in the ruling, Judge Benitez observes, The Second Amendment protects modern weapons. A few pages later, he adds, Modern rifles are popular. Modern rifles are legal to build, buy, and own under federal law and the and the laws of 45 states. Perhaps most importantly, the judge notes that Californias ban on such firearms has had no effect on shootings in the state. Californias experiment is a failure, Judge Benitez says.
There is not much wiggle room in the judges decision, Gottlieb stated. Todays ruling is one more step in SAFs mission to win back firearms freedom one lawsuit at a time.
Has the Ninth Circuit emerged from the Twilight Zone?
I saw a comment at the source which says someone would move to California just to support him. Go ahead if you can find a place to live. Homeless people populate the areas under the interstate highway bridges and in many places they are out in the right lane of traffic, or at least there used to be traffic in that lane. One bus driver who makes $35,000 a year is living in his van.