California appeals ruling to overturn assault weapons ban

June 11, 2021

Rob Bonta

By JOSH FREIDMAN

The state of California announced Thursday it is appealing a judge’s decision to overturn the state’s more than 30-year-old assault weapons ban.

In 1989, California prohibited the sale of weapons that have “such a high rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings.” The law classified specific brands and models of semi-automatic firearms as assault weapons and banned the ownership and transfer of those guns.

Last week, a federal judged overturned California’s assault weapons ban, ruling the law violates the Second Amendment. U.S. District Judge Roger Benitez of the Southern District of California compared the AR-15 to a Swiss Army knife in his ruling. The judge found that most people use military-style rifles legally.

Benitez stayed his ruling for 30 days to allow California Attorney General Rob Bonta time to appeal and seek a stay from the Court of Appeals. The state announced Thursday that Bonta has filed the appeal and will seek to extend the 30-day stay so that the assault weapons ban remains in effect throughout the appellate process.

“Equating firearms that have been used in many of the deadliest mass shootings in this country with Swiss Army knives has no basis in law or fact,” Bonta said in a statement. “The ban on assault weapons will not put an end to all gun violence, but it is one important tool the state has to protect the safety of Californians while also respecting the rights of law-abiding residents who choose to possess firearms. We have appealed the district court’s ruling and will continue our defense of the state’s commonsense gun laws.”

Gov. Gavin Newsom also voiced his support for continuing the ban.

“California’s assault weapons ban has saved lives, and we refuse to let these weapons of war back onto our streets,” Newsom said. “This ban was enacted after a shooting that took the lives of five schoolchildren and injured countless more, and my administration will do whatever it takes to continue protecting Californians and leading the nation in gun safety laws. This is a fight California will never back down from, period.”


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If you wonder why open carry is not allowed in California, you can thank Ronald Reagan and the NRA for supporting and passing the Mulford Act in 1967. At the time both Republicans and Democrats in California supported increased gun control, as did the NRA. Governor Reagan said he saw “no reason why on the street today a citizen should be carrying loaded weapons” and that guns were a “ridiculous way to solve problems that have to be solved among people of good will.” and that the Mulford Act “would work no hardship on the honest citizen.”


And why was there such support for gun control at the time? Simple: the Black Panther Party was arming minorities.


Messkit

The Black Panthers (unlike the Jan 6 people) entered the state capitol building with loaded firearms, in an effort to change voting on pending crime bills.


Also, the NRA revolted after this and the 1968 Gun Control Act, by voting out those leaders that would callously throw away everyone’s civil rights. Prior to the 1977 NRA “Cincinnati Coup”, the NRA did not involve itself in politics, but voiced opinion when asked. The NRA was much immersed in marksmanship, Police training, safety and education. In 1977, the political wing of the NRA was formed with the consent of voting members, and the Institute For Legislative Action was founded. This body concerns itself, and the members, with political lobbying, and is the ONLY aspect of the NRA that does. The rest of the NRA continues with it’s original stated mission. So, while the headline seems outrageous enough, that the NRA endorsed taking guns from black people, that wasn’t really what happened.


Seriously, you should use all the historical record to correctly make your point…


FoxtrotYankee

The Black Panthers (unlike the Jan 6 people) entered the state capitol building with loaded firearms


The Black Panthers entered the capital building fully armed (open carry) and peacefully. This was legal. They were questioned and left the vicinity with all of the firearms they arrived with.


The insurrectionists on Jan 6th broke into the capital with force, attacked and killed police, illegally — hence them all facing prison time.