Stranger Than Fiction: California Judge Nixes “Assault Weapons” Ban
I don’t know about you, but I’m going out and buying a lottery ticket today.
Here’s a sentence that I never thought I’d have the joy of writing: A California judge has just dismissed California’s 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 today’s 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 California’s ban on so-called “assault weapons,” with U.S. District Court Judge Roger T. Benitez declaring the state’s 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 California’s ban on such firearms “has had no effect” on shootings in the state. “California’s experiment is a failure,” Judge Benitez says.
“There is not much wiggle room in the judge’s decision,” Gottlieb stated. “Today’s ruling is one more step in SAF’s mission to win back firearms freedom one lawsuit at a time.”
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I guess we can expect even more out of the blue strange timing shooting incidents . The Dems are going to throw the kitchen sink at this . . You will see more shootings in ca.
I fully concur with your assessment. Our FBI is, no doubt, already firing up their list of future shooters, and pulling their strings to manipulate/manufacture the next horrid tragedy.
You give WAY too much credence to the FBI bozos. They could not plan pouring water out of a boot.
score one for the good guys.
Oh HELL YES!!!
Wow a judge in California with common sense. We all need to support him at his next election. You can be sure the left will do all it can to get rid of him.
I’ll move to CA from the Midwest just to support him. Just when I was beginning to wonder if there were any people left on this planet with any common sense!! (huh)
Hate to burst your bubble, but Federal judges are appointed for life.
Mr. Bronson:
With all the difficulties women face with spousal abuse, I would not expect a Conservative author to use the phrase “bitch-slap” in journalism. That was implying it is acceptable to hit women. Or female dogs for that matter, which the SPCA might have something to say about. Wash your mouth out. It wasn’t funny.
Ms./Mam/Madam/Mrs./They/Human/ or whatever “pronoun you wish to go by,
It was a colloquial term perfectly acceptable in journalism, television, movies and conversations. For you to stretch its meaning, in your mind (and subsequent writing), that the journalist is in favor of hitting women (and/or female dogs) is ludicrous. You probably find it acceptable to call someone who enjoys motor sports, “a racist”.
Get down off you PC soap box and join reality. Real people don’t buy in to the crap being spewed by those that want to twist the world, one word at a time!
REEEEEEEEEEEEEEEEEE! Your seething screech is palpable.
I do not think your hysterical umbrage came across as the self-righteous bitch slap that you had intended.
I will agree that “bitch slap” wasn’t the best choice here; I would have preferred the term “Constitutional cunt kick,” but that is just, like, my opinion, man.
Get over it & grow up for god’s sake. It’s an expression you liberals use everyday. This isn’t somewhere you need to be anyway. You’ll end up getting your feelings hurt..
Marcia,
Another prime example of your liberal woe is me out of touch mindset. I suppose you also think “Guns Kill People”. Please stay on your Libtard websites were you can all keep screaming America is a racist country as well.. You people sickin in me!!!!
We should devote more time to space travel and unload all of you onto your own planet were mentally you seem to be anyway!!!
This is the most common sense coming out of California in many, many years.
Thank you Judge Benitez for being a rational, intelligent member of the bench.
the ruling will be appealed and the 7th circuit will most likely over turn it and the fight will be on again nothing new there as the7th has a history of being extremely liberal and biased in there rulings
California is in the 9th Circuit; but you are correct, it is a liberal circuit.
About time someone recognizes the importance of ‘Natural Law’ and the Constitution. Hopefully this will prove to be a setback for the anti-gun crowd’s misrepresentations, ignorance, lies and falsehoods and will establish new standards for 2nd Amendment compliance.
I had hoped the POTUS would overturn the 2020 presidential election. In other words, don’t get your hopes up.
Thank God there is finally a judge who believes in our Constitutional rights. Bravo Bravo Judge Benitez and may GOD BLESS.
Finally , Some common sense about illegal gun control. “Shall not be infringed”. Thank you for being smarter than the average democrat ,Judge!
That is a low standard to clear.
About time someone saw through the insanity!!! Nazis have ruled the country of california long enough,their insanity contaminating a great portion of our marvelous & (mostly) United States,especially since their people are escaping their borders and trying to infect my state of Nevada,which has recently been passing dumb,inefectual laws that will have NO effect on crime,only create criminals out of good people,and further certain politicians “free ride” on our dime. Thanks for reading
About time someone saw through the insanity!!! Nazis have ruled the country if california long enough,their insanity contaminating a great portion of our marvelous & (mostly) United States,especially since their people are escaping their borders and trying to infect my state of Nevada,which has recently been passing dumb,inefectual laws that will have NO effect on crime,only create criminals out of good people,and further certain politicians “free ride” on our dime. Thanks for reading
I also heard that the judge might stay this order while California appeals this decision. It seems to me that the rights of the people should always trump those of the state and this order should be in effect immediately. This will make the number of potential felons go way down in CA as I’m sure not many people registered or disposed of their MSRs. I do know someone who had a pre-Clinton-ban.AR-15 that he sold here in AZ. I bet he’s now wishing he hadn’t. Except for the fact that ammo in CA is probably harder to get than in the rest of the country.
Judge Benitez issued a stay on his ruling knowing it would be appealed (said appeal was filed on 06/10/21). By the way, ‘legal system’ and ‘lawyers’ are on the opposite spectrum of ‘immediately’. Job security, don’t ‘cha know…
Benitez for SCOTUS!
Awesome but now more competition to buy ammo.
While this is a great symbolic win, and I strongly support SAF and its efforts, note that for now it is *ONLY* symbolic.
NOTHING has changed yet — “assault weapons” like AR-15 remain illegal to sell in CA, because the state immediately requested, and received, a Stay on that ruling from the 9th Circuit (Circus?) Court of Appeals. Now the state is appealing to the 9th Circuit, which will be a 3-judge panel. Then there will be an appeal to en-banc hearing of the 9th Circuit. Then probably an appeal to SCOTUS. At every single step, the state will drag it out as long as possible so that its draconian and unconstitutional suppression of 2A rights. At that rate, at best (barring unusual intervention) it will be YEARS before AR-15s will again be legal in CA.
This is why we have to keep fighting irrational anti-firearm forces at every turn, and try to never give up ground to them. Once they get a law in place, it can often take 10+ years to get it overturned — and rights are suppressed for all that time. “Justice delayed is justice denied”.
Sad but true
‘Justice delayed keeps more lawyers employed for many, many years’.
This judge rules with common sense. Doesn’t let emotional names like “assault weapons” skew his thinking. He was correct to look at the facts. More lives lost by knives than all riffles let alone AR15 style riffles. More lives lost to feet, hands and elbows than all riffles.
It is too bad that our elected officials will waste more money fighting this
Finally a Federal judge that actually follows Supreme Court precedent on 2A. Let’s hope the Ninth Circuit upholds the this decision but if not it’s ripe for appeal to SCOTUS.
Relying on the SCOTUS is akin to relying on a fat person not to have seconds at dinner.
Shuuu don’t yell too loud or the idiots in calf. Will want to ban every caliber a AR can be built or bought in !
I’m in complete shock. Amen. Thank God for a judge that follows the Constitution.
Since Governor Newsom has said that he would appeal this decision to the 9th Circuit, ARREST Governor Newsom and charge him and his Attorney General with 39.51 million Federal FELONIES under 18 USC Section 241 Deprivation of Rights! Newsom goets to spend the next 395 million years in JAIL! BTW, he would also have to PAY 39.51 million MILLION DOLLAR FINES!
Never going to happen. But thanks for playing.
Yes 😎