Judge finds California assault weapon ban unconstitutional

October 20, 2023


A federal judge ruled Thursday that California’s ban on assault weapons is unconstitutional, saying a 1989 prohibition against semi-automatic weapons could not stand under a 2022 U.S. Supreme Court ruling that expanded gun rights.

While U.S. District Judge Roger Benitez of San Diego agreed that weapons like AR-15 rifles are commonly used by criminals, he said the weapons were also owned by people who obey the law and feel they need firearms to protect themselves.

“The State of California posits that its ‘assault weapon’ ban, the law challenged here, promotes an important public interest of disarming some mass shooters even though it makes criminals of law-abiding residents who insist on acquiring these firearms for self-defense,” Benitez wrote in his ruling. “Nevertheless, more than that is required to uphold a ban.”

Benitez gave the state 10 days to seek a stay on the ruling as part of the appeal process.

California has already filed a notice of appeal to the Ninth U.S. Circuit Court of Appeals, which has a history of upholding gun control laws.

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Good question to ask a group of people on the other side of the pond. Oh wait, their government for some reason has fast tracked laws in the past 7 days to loosen gun restrictions for its citizens. I wonder why?

There are three kinds of lies: lies, damned lies, and statistics.”- Twain

And you need to own an assault rifle exactly why? Cut a cow in half?

Gimmee your address, I’ll send the cartel to collect it.

Small Johnson? 1hunglow?

The answer is in your question. Send the cartel we’ll make tacos with that cow.

In 2022, rifles of all types, which very much so includes the AR15, and shotguns, were used in less than 0.010% of all violent crimes. Rifles killed far fewer people (541) than knives and fists(3000).–FBI crime stats.

The vast majority of firearms deaths, are suicides (and people kill themselves in myriad ways), and most murders are gang related (bad guys killing other bad guys….which could be viewed as a win-win).

With an estimated 20+ million AR15’s in private hands, the numbers prove that they are not the problem. The numbers also show, that they are in “common use” (as per decisions in Heller, and Bruen).

This judge is correct, that the states are NOT allowed to construct laws in defiance of the Constitution.

Messkit, many of us agree with but I’m afraid you are wasting your breath on the 2nd amendment haters. Facts don’t matter to them.

This ruling I predict will get tied up in State AG legal gymnastics until it gets to the SCOTUS. That’s probably gonna be the case for the 10+ round magazine ban (Duncan v. Bonta).

I wonder if you realize that the 2nd amendment made its way into the Bill of Rights to mollify slave holding interests in the South. Madison explicitly used the language “being necessary to the security of a free state.” Virginians such as Patrick Henry and George Mason were afraid that if the federal government controlled the militias they would not help to put down slave uprisings. Uprisings were of particular concern to these men who had plenty of money invested in their slaves.

Messkit Please address the Policies, events and arguments, not the person.

2018 FBI Crime Statistics

Rifles, as a particular category of firearm, were used to kill 297 people in 2018. By comparison, knives and other cutting instruments were the murder weapon for 1,515 murders in 2018.

The rifle category of firearms is a broad one comprised of bolt, pump, and lever-action firearms in addition to semi-automatic firearms like AR-15s, suggesting semi-automatic rifles comprise an even smaller number than the 297 total murders by rifle in 2018.